Federal Register / Vol. 68, No. 106 / Tuesday, June 3, 2003 / Rules and Regulations 33005

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 August 4, 2003. 

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 

prevent and control air pollution from 

the emission of sulfur oxides in West 

Virginia, 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, 

Reporting and recordkeeping 

requirements, Sulfur oxides.

Dated: May 8, 2003. 

James W. Newsom, 

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 XX—West Virginia

■ 2. Section 52.2520 is amended by 

adding paragraph (c)(53) to read as 

follows:

§ 52.2520 Identification of plan.

* * * * *

(c) * * * 

(53) Revisions to West Virginia’s 

Regulations to prevent and control air 

pollution from the emission of sulfur 

oxides, submitted on September 21, 

2000 by the West Virginia Division of 

Environmental Protection: 

(i) Incorporation by reference. 

(A) Letter of September 21, 2000 from 

the West Virginia Division of 

Environmental Protection to EPA 

transmitting the regulation to prevent 

and control air pollution from the 

emission of sulfur oxides. 

(B) Revisions to Title 45, Series 10, 

45CSR10, To Prevent and Control Air 

Pollution from the Emission of Sulfur 

Oxides, effective August 31, 2000. 

(ii) Additional Material. 

(A) Letter of April 29, 1996 from the 

West Virginia Division of 

Environmental Protection to EPA 

transmitting the regulation to prevent 

and control air pollution from the 

emission of sulfur oxides. 

(B) Letter of March 19, 2003 from the 

West Virginia Department of 

Environmental Protection to EPA 

providing clarification on the 

interpretation and implementation of 

certain regulations on air pollution 

control. 

(C) Remainder of the State submittal 

pertaining to the revisions listed in 

paragraph (c)(53)(i) of this section.

[FR Doc. 03–13702 Filed 6–2–03; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[CA 267–0394a; FRL–7495–4] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District and South Coast Air Quality 

Management District

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve revisions to the San 

Joaquin Valley Unified Air Pollution 

Control District (SJVUAPCD) and South 

Coast Air Quality Management District 

(SCAQMD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) and particulate matter 

(PM–10) emissions from commercial 

charbroiling and VOC emissions from 

solvent cleaning. We are approving local 

rules that regulate these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act).

DATES: This rule is effective on August 

4, 2003 without further notice, unless 

EPA receives adverse comments by July 

3, 2003. If we receive such comment, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this rule will not take effect.

ADDRESSES: Mail comments to Andy 

Steckel, Rulemaking Office Chief (AIR–

4), U.S. Environmental Protection 

Agency, Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105; 

steckel.andrew@epa.gov.

You can inspect copies of the 

submitted SIP revisions and EPA’s 

technical support documents (TSDs) at 

our Region IX office during normal 

business hours. You may also see copies 

of the submitted SIP revisions at the 

following locations:

Environmental Protection Agency, Air 

Docket (6102), Ariel Rios Building, 

1200 Pennsylvania Avenue, NW., 

Washington DC 20460. 

California Air Resources Board, 

Stationary Source Division, Rule 

Evaluation Section, 1001 ‘‘I’’ Street, 

Sacramento, CA 95814. 

San Joaquin Valley Unified Air 

Pollution Control District, 1990 East 

Gettysburg Street, Fresno, CA 93726. 

South Coast Air Quality Management 

District, 21865 East Copley Drive, 

Diamond Bar, CA 91765.

A copy of the rules may also be 

available via the Internet at http://

www.arb.ca.gov/drdb/drdbltxt.htm.

33006 Federal Register / Vol. 68, No. 106 / Tuesday, June 3, 2003 / Rules and Regulations 

Please be advised that this is not an EPA 

website and may not contain the same 

version of the rule that was submitted 

to EPA.

FOR FURTHER INFORMATION CONTACT: Al 

Petersen, U.S. Environmental Protection 

Agency, Region IX, (415) 947–4118.

SUPPLEMENTARY INFORMATION:

Throughout this document, ‘‘we,’’ ‘‘us’’

and ‘‘our’’ refer to EPA.

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rules or rule revisions? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. Public comment and final action 

III. Background information 

Why were these rules submitted? 

IV. Statutory and Executive Order Reviews

I. The State’s Submittal 

A. What Rules Did the State Submit? 

Table 1 lists the rules we are 

approving with the dates that they were 

adopted by the local air agencies and 

submitted by the California Air 

Resources Board (CARB).

TABLE 1.—SUBMITTED RULES

Local agency Rule 

number Rule title Adopted or amended Submitted 

SJVUAPCD ............................................................. 4692 Commercial Charbroiling ...................... Adopted 3/21/2 .......... 5/21/2. 

SCAQMD ................................................................ 1171 Solvent Cleaning Operations ............... Amended 8/2/2 .......... 12/23/2. 

On August 6, 2002 and December 30, 

2002, respectively, these rule submittals 

were found to meet the completeness 

criteria in 40 CFR part 51 appendix V, 

which must be met before formal EPA 

review. 

B. Are There Other Versions of These 

Rules?

There are no previous versions of 

SJVUAPCD Rule 4692 in the SIP. We 

approved a version of SCAQMD Rule 

1171 into the SIP on August 13, 1999 

(64 FR 44134). The SCAQMD adopted 

revisions to the SIP-approved version on 

October 8, 1999 and CARB submitted 

them to us on January 21, 2000. While 

we can act on only the most recently 

submitted version, we have reviewed 

materials provided with previous 

submittals. 

C. What Is the Purpose of the Submitted 

Rules or Rule Revisions? 

The purposes of new Rule 4692 are as 

follows: 

• To reduce emissions of VOCs and 

PM–10 from chain-driven commercial 

charbroilers. The charbroiler must be 

equipped with a catalytic oxidizer 

control device on the exhaust gases, or 

a unit certified by the SCAQMD must be 

used, or another control device may be 

used if it is as effective as a catalytic 

oxidizer. The purposes of the changes to 

SCAQMD 1171 are as follows: 

• Paragraph (c)(1)(D)(vi) on UV ink 

application is changed to include the 

similar EB ink application. 

• Paragraph (c)(1) advances the 

requirement for lower VOC content from 

July 1, 2005 forward to January 1, 2003. 

The cleaning operations affected 

include (A) product cleaning and 

surface preparation—general, (B) repair 

and maintenance cleaning—general, (C) 

cleaning of ink application equipment—

general, flexographic printing, 

packaging, and removable press 

components, and (D) cleaning of 

polyester resin application equipment. 

• Paragraph (e)(4) prohibits the use in 

automotive maintenance and repair of 

(A) perchloroethylene, (B) methylene 

chloride, or (C) trichloroethylene 

solvents. 

• Paragraphs (h)(3) and (h)(5) have 

deleted obsolete exemptions for 

cleaning of plastics and handwipe 

cleaning of equipment. 

• Paragraph (h)(7) clarifies that the 25 

grams/liter limit for general cleaning of 

ink application equipment shall not take 

place until July 1, 2005. 

• The allowance for a person to apply 

for a Clean Air Solvent Certificate is 

deleted. 

• Obsolete paragraphs describing 

future limitations on solvent 

concentration are deleted. 

The TSD has more information about 

these rules. 

II. EPA’s Evaluation and Action 

A. How Is EPA Evaluating the Rules? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

CAA), must require Reasonably 

Available Control Technology (RACT) 

for major sources in nonattainment 

areas (see section 182(a)(2)(A)), and 

must not relax existing requirements 

(see sections 110(l) and 193). The 

SJVUAPCD is a severe ozone 

nonattainment area and a serious PM–

10 nonattainment area (see 40 CFR part 

81). There are no major sources of VOC 

in the chain-driven commercial 

charbroiling source category in 

SJVUAPCD, and therefore the rule does 

not need to fulfill RACT for VOC. 

Section 189(b) of the CAA requires 

serious PM–10 nonattainment areas 

with major sources or significant source 

categories of PM–10 to adopt best 

available control measures (BACM), 

including best available control 

technology (BACT). BACM is not 

required for source categories that are 

not significant (de minimis) and there 

are no major sources. See Addendum to 

the General Preamble for the 

Implementation of Title I of the Clean 

Air Act Amendments of 1990, 59 FR 

41998 (August 16, 1994). The chaindriven commercial charbroiling source 

category is de minimis with about 

0.02% of the total PM–10 emissions and 

does not have any major sources. 

Therefore Rule 4292 does not need to 

fulfill BACM/BACT for PM–10. 

Guidance and policy documents that 

we used to help evaluate specific 

enforceability and RACT requirements 

consistently include the following: 

• Requirements for Preparation, 

Adoption, and Submittal of 

Implementation Plans, U.S. EPA, 40 

CFR part 51.

• Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations, 

EPA (May 25, 1988) (the Bluebook). 

• Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies, EPA Region 9 (August 21, 

2001) (the Little Bluebook). 

• Determination of RACT and BARCT 

for Organic Solvent Cleaning Degreasing 

Operations, California Air Resources 

Board (July 7, 1991). 

• Control of VOE from Solvent Metal 

Cleaning, EPA–450–2–77–022 

(November 1977). 

• General Preamble for the 

Implementation of Title I of the Clean 

Air Act Amendments of 1990, 57 FR 

13498, 13540 (April 16, 1992). 

• Addendum to the General Preamble 

for the Implementation of Title I of the 

Clean Air Act Amendments of 1990, 59 

FR 41998 (August 16, 1994). 

• PM–10 Guideline Document (EPA–

452/R–93–008). 

Federal Register / Vol. 68, No. 106 / Tuesday, June 3, 2003 / Rules and Regulations 33007

B. Do the Rules Meet the Evaluation 

Criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability, RACT, and SIP 

relaxations. The TSD has more 

information on our evaluation. 

C. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the CAA, EPA is fully approving the 

submitted rules because we believe they 

fulfill all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rules. If we receive adverse 

comments by July 3, 2003, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on August 4, 

2003. This will incorporate these rules 

into the federally enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this direct final 

rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

III. Background Information 

Why Were These Rules Submitted? 

VOCs help produce ground-level 

ozone, smog, and particulate matter 

which harm human health and the 

environment. EPA has established 

National Ambient Air Quality Standards 

(NAAQS) for ozone. Section 110(a) of 

the CAA requires states to submit 

regulations in order to achieve and 

maintain the NAAQS. Table 2 lists some 

of the national milestones leading to the 

submittal of local agency VOC rules.

TABLE 2.—OZONE NONATTAINMENT MILESTONES

Date Event 

March 3, 1978 ............... EPA promulgated a list of ozone nonattainment areas under the Clean Air Act as amended in 1977. 43 FR 8964; 40 

CFR 81.305. 

May 26, 1988 ................ EPA notified Governors that parts of their SIPs were inadequate to attain and maintain the ozone standard and requested that they correct the deficiencies (EPA’s SIP-Call). See section 110(a)(2)(H) of the pre-amended Act. 

November 15, 1990 ...... Clean Air Act Amendments of 1990 were enacted. Public Law 101–549, 104 Stat. 2399, codified at 42 U.S.C. 7401–

7671q.

May 15, 1991 ................ Section 182(a)(2)(A) requires that ozone nonattainment areas correct deficient RACT rules by this date. 

IV. Statutory and Executive Order 

Reviews 

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 

CAA. 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 CAA. 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 CAA. 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.). 

The Congressional Review Act, 5 

U.S.C. section 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 4, 2003. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

33008 Federal Register / Vol. 68, No. 106 / Tuesday, June 3, 2003 / Rules and Regulations 

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, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds.

Dated: April 28, 2003. 

Alexis Strauss, 

Acting Regional Administrator, Region IX.

■ 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 F—California

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(310) and (c)(311) 

to read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * * 

(310) New and amended rules for the 

following districts were submitted on 

May 21, 2002, by the Governor’s 

designee. 

(i) Incorporation by reference. 

(A) San Joaquin Valley Unified Air 

Pollution Control District. 

(1) Rule 4692, adopted on March 21, 

2002. 

(311) New and amended rules for the 

following districts were submitted on 

December 23, 2002, by the Governor’s 

designee. 

(i) Incorporation by reference. 

(A) South Coast Air Quality 

Management District. 

(1) Rule 1171, adopted on August 2, 

1991 and amended on August 2, 2002.

* * * * *

[FR Doc. 03–13705 Filed 6–2–03; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[TN–213–9952(a); FRL–7506–8] 

Approval and Promulgation of 

Implementation Plans Tennessee: 

Approval of Revisions to the 

Tennessee State Implementation Plan

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving 

revisions to the Tennessee Department 

of Environment and Conservation’s 

definition of Volatile Organic 

Compounds submitted on February 3, 

1999 by the state of Tennessee. These 

revisions are designed for the State 

Implementation Plan (SIP) to attain the 

national ambient air quality standards 

(NAAQS) for ozone under title I of the 

Clean Air Act (CAA). The additional 

compounds HFC43–10mee, HCFC–

225ca, and HCFC–225cb are added to 

the list of exempt compounds on the 

basis that they have negligible 

contribution to the tropospheric ozone 

formation.

DATES: This direct final rule is effective 

August 4, 2003 without further notice, 

unless EPA receives adverse comment 

by July 3, 2003. If adverse comment is 

received, EPA 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: All comments should be 

addressed to: Steve Scofield or Nacosta 

Ward; Regulatory Development Section; 

Air Planning Branch; Air, Pesticides, 

and Toxics Management Division; U. S. 

Environmental Protection Agency 

Region 4; 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

Copies of the State submittal(s) are 

available at the following addresses for 

inspection during normal business 

hours: 

Environmental Protection Agency 

Region 4, Air Planning Branch, 61 

Forsyth Street, SW., Atlanta, Georgia 

30303–8960. [Steve Scofield, 404–562–

9034 or Nacosta Ward, 404–562–9140]. 

Tennessee Department of Environment 

and Conservation, Division of Air 

Pollution Control, L & C Annex, 9th 

Floor, 401 Church Street, Nashville, 

Tennessee 37243–1531. 615–532–0554.

FOR FURTHER INFORMATION CONTACT:

Steve Scofield or Nacosta Ward; 

Regulatory Development Section; Air 

Planning Branch; Air, Pesticides, and 

Toxics Management Division; U. S. 

Environmental Protection Agency 

Region 4; 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Mr. 

Scofield and Ms. Ward can also be 

reached by telephone at 404–562–9034 

and 404–562–9140, or by electronic 

mail at scofield.steve@epa.gov and 

ward.nacosta@epa.gov, respectively.

SUPPLEMENTARY INFORMATION: 

I. Analysis of State’s Submittal 

On February 3, 1999, the state of 

Tennessee through the Tennessee 

Department of Environment and 

Conservation submitted a revision to 

chapter 1200–3–18, Volatile Organic 

Compounds, which provides SIP 

definitions. The revision to chapter 

1200–3–18 provides greater clarity to 

the existing definition. The additional 

compounds HFC43–10mee, HCFC–

225ca, and HCFC–225cb are added to 

the list of exempt compounds on the 

basis that they have negligible 

contribution to the tropospheric ozone 

formation. 

II. Final Action 

EPA is approving the aforementioned 

changes to the State of Tennessee’s SIP 

because they are consistent with the 

CAA and EPA policy. The EPA is 

publishing this rule without prior 

proposal because the Agency views this 

as a noncontroversial submittal and 

anticipates no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, 

EPA is publishing a separate document 

that will serve as the proposal to 

approve the SIP revision should adverse 

comments be filed. This rule will be 

effective August 4, 2003 without further 

notice unless the Agency receives 

adverse comments by July 3, 2003. 

If the EPA receives such comments, 

then EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period. 

Parties interested in commenting should 

do so at this time. If no such comments 

are received, the public is advised that 

this rule will be effective on August 4, 

2003 and no further action will be taken 

on the proposed rule. Please note that if 

we receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment.