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Citation: 68 Fed. Reg. 14151 2003

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-- The search text of this PDF is generated from uncorrected OCR text.Federal Register/Vol. 68, No. 56

### /Monday, March 24, 2003

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compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism.
Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, orby the private sector of $100,000,000 or more in any one year. Though this rule would not result in such an expenditure, we do discuss the effects ofthis rule elsewhere in this preamble. Taking ofPrivateProperty

This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.
Civil Justice Reform

This rule meets applicable standards in sections 3(a) and 3(b)(2) ofExecutive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.
Protection ofChildren

We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not
an economically significant rule and will not create an environmental risk to health or risk to safety that might disproportionately affect children.
Indian TribalGovernments

This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes,

oron the distribution ofpower and responsibilities between the Federal Government and Indian tribes. Energy Effects

We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, orUse. We have determined that itis not a "significant energy action" under that order because it is not a "significant regulatory action" under Executive Order 12866 and is not likely to have a significant adverse effect onthe supply, distribution, oruse of energy. The Administrator ofthe Office ofInformation andRegulatory Affairs has not designated it as a significant energy action. Therefore, itdoes not require a Statement ofEnergy Effects under Executive Order 13211
Environment

We have considered the environmental impact ofthis rule and concluded that, under figure 2-1, paragraph (34)(g), ofCommandant Instruction M16475.lD, this rule is categorically excluded from further environmental documentation because this rule is not expected to result in any significant environmental impact as described in the National Environmental Policy Act of 1969 (NEPA). A "Categorical Exclusion Determination" is available in the docket where indicated under ADDRESSES. List ofSubjects in 33 CFRPart165

Harbors, Marine safety, Navigation (water), Reporting andrecordkeeping requirements, Security measures, Waterways.

For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows:

PART 165-REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

1.The authority citation for part 165 continues to read asfollows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Department ofHomeland Security Delegation No. 0170. 2.Add § 165.822 to read asfollows: §165.822 Security Zone; Ohio River Mile 119.0to 119.8 Natrium, WV.

(a)Location.The following area is a security zone: the waters ofthe Ohio River extending 200 feet from the water's edge ofthe left descending bank between mile markers 119.0 and 119.8. (b)Regulations.(1)Entry into or remaining in this zone isprohibited unless authorized by the Coast Guard Captain ofthe PortPittsburgh or a designated representative.

(2)Persons orvessels desiring to transit the area ofthe security zone may contact the Captain ofthe Port Pittsburgh attelephone number 412- 644-5808 or on VHF channel 16 to seek permission to transit the area. If permission is granted, allpersons and vessels must comply with the instructions ofthe Captain ofthe Port Pittsburgh or a designated representative. (c) Authority.In addition to 33 U.S.C. 1231, the authority for this section includes 33 U.S.C. 1226.

Dated: March 10, 2003. Steve L.Hudson, Commander, U.S. CoastGuard,Captainof thePort, Pittsburgh. [FR Doc. 03-6916 Filed 3-21-03; 8:45 am]

BILLING CODE 4910-15-P

ENVIRONMENTAL PROTECTION

AGENCY
40 CFR Part 52 [AZ 078-0068; FRL-7460-9]

Revision to the Arizona State Implementation Plan, Arizona Department of Environmental Quality AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.
SUMMARY: EPA isfinalizing a limited approval andlimited disapproval ofa revision to the Arizona Department of Environmental Quality (ADEQ)portion ofthe Arizona State Implementation Plan (SIP). This action was proposed in the Federal Register on October 11, 2002 and concerns definitions, volatile organic compound (VOC) emissions from dry cleaning plants, VOC emissions from spray painting operations, and particulate matter (PM10) emissions from mobile sources. Under authority ofthe Clean AirAct as amended in 1990 (CAAor the Act), this action directs Arizona to correct the deficiencies in the submitted rules.

EPA is also finalizing afull approval ofa revision to the Arizona Department ofEnvironmental Quality (ADEQ) portion ofthe Arizona SIP. This action

was proposed in the FederalRegister on October 11, 2002 and concerns VOC emissions from petroleum storage vessels and PM-10 emissions from mobile sources. EFFECTIVE DATE: Today's final rule is effective on April 23, 2003. ADDRESSES: You can inspect copies of the administrative record for this action atEPA's Region IX office during normal business hours. You can inspect a copy ofthe submitted rule revisions atthe following locations: Environmental Protection Agency,Region IX,

75 Hawthorne Street, San Francisco, CA 94105. Environmental Protection Agency,Air

Docket (6102), Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington DC 20460. Arizona Department ofEnvironmental

Quality, 1110 WestWashington Street, Phoenix,AZ 85007. 

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A copy ofthe rule may also be FOR FURTHER INFORMATION CONTACT: Al I. Proposed Action available via the Internet at http:// Petersen, Rulemaking Office (AIR-4), On October 11, 2002 (67 FR 63354), www.sosaz.com/public services/Title U.S. Environmental Protection Agency, EPApublished a notice ofproposed 18/18-02.htm.Please be advised that Region IX; (415) 947-4118. rulemaking (NPRM) proposing alimited this is not an EPA Web site and may not SUPPLEMENTARY INFORMATION: approval andlimited disapproval ofthe contain the sameversion ofthe rule that Throughout this document, "we," "us" rules intable 1that were submitted for

was submitted to EPA. and "our" refer to EPA. incorporation into the Arizona SIP.

TABLE 

### 1.- SUBMITTED RULES

Local agency Rule # Rule title Adopted Submitted

ADEQ

......................................... R18-2-701 Definitions

.......................... ........................................... 11/15/93 07/15/98 ADEQ

......................................... R18-2-725 Standards of Performance for Existing Dry Cleaning Plants

......... 11/15/93 07/15/98 ADEQ

......................................... R18-2-727 Standards of Performance for Spray Painting Operations

............ 11/15/93 07/15/98 ADEQ

......................................... R18-2-801 Classification of M obile Sources

.................................................... 11/15/93 07/15/98 ADEQ

......................................... R18-2-802 Off-Road M achinery

..................................................................... 11/15/93 07/15/98

A summary ofthe deficiencies * The enforceability is limited, through an opacity standard), once the identified in these rules follows. Rule because there are no monitoring and engine is no longer new, according to 40 R18-2-701 has the following recordkeeping requirements. CFR part 89, subpart A, appendix A. deficiencies: * The enforceability is limited, * The rules should exclude from

* "Calcine" should not be limited to because there isno test method given applicability locomotives or engines only lime plants. for the efficiency ofrecovery of which are used in locomotives.
"Process Weight" should be overspray. Locomotives are required to be in 0 Rules R18-2-801 and R18-2-802 compliance with federal emission eliminated, because ithas no meaning have the following deficiencies: standards throughout theiruseful life. unless it is given for a specific time * The rules should be restricted to * The rules should exempt nonroad period. apply to used or in-use nonroad engines engines from any potential requirement

* "Process Weight Rate" shouldbe and not to new nonroad engines, to retrofit in order to meet the opacity defined in the rule and notbe based on Section 209(e) ofthe CAA prohibits standard unless California has an Rule R18-2-702, which is not in the states from adopting or attempting to identical retrofitting requirement. States SIP. enforce any standard relating to the are precluded from requiring retrofitting

Rule R18-2-725 has the following control ofemissions from (A)new ofused nonroad engines to meet deficiencies: engines which are used in construction emission standards, except that States

* The enforceability is limited, equipment orvehicles or used in farm may adopt and enforce retrofitting because there are no monitoring and equipment orvehicles and which are requirements identical to California recordeterereeoments g asmaller than 175 horsepower and (B) retrofitting requirements which have recordkeeping requirements. new (orremanufactered) locomotives or been authorized by EPA, according to 40

* The enforceability is limited, new (orremanufactered) engines which CFR part 89, subpart A, appendix A. because there isno test method given are used in locomotives. States are not At the same time, EPA published a for the efficiency ofrecovery of solvent precluded under section 209(e) from notice ofproposed rulemaking (NPRM) emissions. regulating the use and operation of proposing afull approval ofthe rules in

Rule R18-2-727 has the following nonroad engines, including regulating table 2 that were submitted for deficiencies: daily mass emission limits (such as incorporation into the Arizona SIP.

TABLE 2.-SUBMITTED RULES

Local agency Rule # Rule title Adopted Submitted

ADEQ

......................................... R18-2-710 Standards of Performance for Existing Vessels for Petroleum 11/15/93 07/15/98 Liquids. ADEQ

......................................... R18-2-803 H eater-Planer Units

................................... ...... ............................ 11/15/93 07/15/98 ADEQ

......................................... R18-2-804 Roadway and Site cleaning Machinery

.......................................... 11/15/93 07/15/98 ADEQ

......................................... R18-2-805 Asphalt orTar Kettles

................................................................... 11/15/93 07/15/98

The NPRM contains more information

onthe rules and our evaluation.
II. Public Comments andEPA Responses

EPA's proposed action provided a 30- day public comment period. During this period, we did not receive any comments. III. EPAAction

No comments were submitted that change our assessment ofthe rules as described in our proposed action. Therefore, as authorized in sections 110(k)(3) and 301(a) ofthe CAA, EPA is finalizing alimited approval of submitted Rules 701, 725, 727, 801, and 802. This actionincorporates the submitted rules into the Arizona SIP, including those provisions identified as deficient. As authorized under section 110(k)(3), EPA is simultaneously finalizing a limited disapproval ofthe rules. Sanctions will not be imposed under section 179 ofthe CAA according to 40 CFR 52.31, because the rules are notrequired submittals. Note that the submitted rules havebeen adoptedby the ADEQ, and EPA's final limited 

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disapproval does not prevent the local agency from enforcing them.

As authorized in sections 110(k)(3) and 301(a) ofthe CAA, EPA is also finalizing afull approval of submitted Rules 710, 803, 804, and 805. This action incorporates the submitted rules into the Arizona SIP.
IV. Statutory and Executive Order Reviews
A. Executive Order12866,Regulatory PlanningandReview

The Office ofManagement and Budget (OMB) has exempted this regulatory action from Executive Order 12866, entitled "Regulatory Planning and Review."
B. RegulatoryFlexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency to conduct

aregulatory flexibility analysis ofany rule subject to notice and comment rulemaking requirements unless the agency certifies that the rule will not have a significant economic impact on
a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and small governmental jurisdictions.

This rule will not have a significant impact on a substantial number of small entities because SIP approvals under section 110 and subchapter I, part D of the Clean Air Act do not create any new requirements but simply approve requirements that the State is already imposing. Therefore, because the Federal SIP approval does not create any new requirements, I certify that this action will not have a significant economic impact on a substantial number ofsmall entities.

Moreover, due to the nature ofthe Federal-State relationship under the Clean Air Act, preparation offlexibility analysis would constitute Federal inquiry into the economic reasonableness ofstate action. The Clean Air Act forbids EPAto base its actions concerning SIPs on such grounds. UnionElectricCo., v. U.S. EPA,427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
C. UnfundedMandatesReformAct

Under sections 202 ofthe Unfunded Mandates Reform Act of1995 ("Unfunded Mandates Act"), signed into law on March 22, 1995, EPA must prepare a budgetary impact statement to accompany any proposed orfinal rule that includes a Federal mandate that may result in estimated costs to State, local, ortribal governments in the aggregate; orto the private sector, of $100 million or more. Under section 205, EPA must select the most costeffective and least burdensome alternative that achieves the objectives ofthe rule andis consistent with statutory requirements. Section 203 requires EPA to establish aplan for informing and advising any small governments that may be significantly

oruniquely impacted bythe rule.

EPA has determined that the approval action promulgated does not include a Federal mandate that may result in estimated costs of $100 million or more to either State, local, or tribal governments in the aggregate, orto the private sector. This Federal action approves pre-existing requirements under State orlocal law, and imposes

no new requirements. Accordingly, no additional coststo State, local, ortribal governments, orto the private sector, result from this action.
D.Executive Order13132,Federalism

Federalism(64 FR 43255, August 10, 1999) revokes and replaces Executive Orders 12612 (Federalism) and 12875 (Enhancing the Intergovernmental Partnership). Executive Order 13132 requires EPA to develop an accountable process to ensure "meaningful and timely input by State and local officials in the development ofregulatory policies that have federalism implications." "Policies that have federalism implications" is defined in the Executive Order to include regulations that have "substantial direct effects onthe States, onthe relationship between the national government and the States, or onthe distribution of power and responsibilities among the various levels ofgovernment." Under Executive Order 13132, EPA may not issue a regulation that has federalism implications, that imposes substantial direct compliance costs, and thatis not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, orEPA consults with State andlocal officials early in the process of developing the proposed regulation. EPA also may not issue a regulation that has federalism implications and thatpreempts State law unless the Agency consults with State andlocal officials early in the process of developing the proposed regulation.

This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution ofpower and responsibilities amongthe various levels ofgovernment, as specified in Executive Order 13132, because it merely approves a state rule implementing a federal standard, and does not alter the relationship or the distribution ofpower and responsibilities established in the Clean AirAct. Thus, the requirements of section 6 ofthe Executive Order donot apply to this rule.

E.Executive Order13175, Coordination With IndianTribalGovernments

Executive Order 13175, entitled "Consultation and Coordination with Indian Tribal Governments" (65FR 67249, November 9, 2000), requires EPA to develop an accountable process to
ensure "meaningful and timely input by tribal officials inthe development of regulatory policies that have tribal implications." This final rule does not have tribal implications, as specified in Executive Order 13175. It will nothave substantial direct effects on tribal governments, 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. Thus, Executive Order 13175 does not apply to this rule.

F. Executive Order13045,Protectionof ChildrenFromEnvironmentalHealth Risks andSafetyRisks

ProtectionofChildren from EnvironmentalHealthRisksandSafety Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1)Is determined tobe "economically significant" as defined underExecutive Order 12866, and (2) concerns an environmental health or safety risk that EPAhas reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency.

This rule is not subject to Executive Order 13045 because it does not involve decisions intended to mitigate environmental health or safety risks.
G. Executive Order13211,Actions That Significantly Affect EnergySupply, Distribution,orUse

This rule is not subject to Executive Order 13211, "Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use" (66 FR 28355, May 22, 2001) because itis not a significant regulatory action under Executive Order 12866. 

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H. NationalTechnology Transferand AdvancementAct

Section 12 ofthe National Technology Transfer and Advancement Act (NTTAA)of 1995 requires Federal agencies to evaluate existing technical standards when developing a new regulation. To comply with NTTAA, EPA must consider and use "voluntary

consensus standards" (VCS) ifavailable and applicable when developing programs and policies unless doing so would be inconsistent with applicable law or otherwise impractical.

The EPAbelieves that VCS are inapplicable to this action. Today's action does not require the public to perform activities conducive to the use ofVCS.
L Congressional ReviewAct
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 arule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States prior to publication ofthe 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 5U.S.C. 804(2). This rule will be effective April 23, 2003.
J.Petitions forJudicial Review
Under section 307(b)(1) ofthe Clean Air Act, petitions forjudicial review of this action must be filed in the United States Court ofAppeals for the appropriate circuit by May 23, 2003. Filing a petition for reconsideration by the Administrator ofthis final rule does not affect the finality ofthisrule for the purposes ofjudicial review nor does it extend the time within which a petition forjudicial review may be filed, and shall not postpone the effectiveness of suchrule or action. This action may not be challenged later in proceedings to enforce its requirements. (Seesection 307(b)(2).)
List ofSubjects in 40 CFRPart52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Particulate matter, Reporting andrecordkeeping requirements, Volatile organic compounds. Dated: February 19, 2003. Laura Yoshii, ActingRegional Administrator, RegionIX. Part 52, chapter I, title 40 ofthe Code ofFederal Regulations is amended as follows:

PART 52-[AMENDED]

1.The authority citation for part 52 continues to read asfollows:

Authority: 42 U.S.C. 7401 et seq. Subpart D-Arizona

2. Section 52.120 is amendedby adding paragraph (c)(110) to read as follows:
§52.120 Identification of plan.

* * * * *

(c) * * * (110) New and amended regulations

were submitted on July 15, 1998, by the Governor's designee. (i) Incorporation byreference. (A)Arizona Department of Environmental Quality. (1)Rules R18-2-701, R18-2-710, R18-2-725,R18-2-727,R18-2-801, R18-2-802,R18-2-803,R18-2-804, and R18-2-805, amended on November 15, 1993.

* * * * *
[FR Doc. 03-6817 Filed 3-21-03; 8:45 am]
BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY
40 CFR Part 52 [PAl88-4204a; FRL-7465-3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; NOx RACT Determinations for PPG Industries, Inc.
AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule.
SUMMARY: EPA is taking direct final action to approve revisions to the Commonwealth ofPennsylvania's State Implementation Plan (SIP). The revisions were submitted bythe Pennsylvania Department of Environmental Protection (PADEP) to establish andrequire reasonably available control technology (RACT) for PPG Industries, Inc. (PPG). PPG is a major source ofnitrogen oxides (NOx) located in Greenwood Township, Crawford County,Pennsylvania. EPA is approving these revisions to establish NOx RACT requirements inthe SIP in accordance with the Clean Air Act (CAA). DATES: This rule is effective on May 23, 2003, without further notice, unless EPAreceives adverse written comment by April 23, 2003. IfEPA receives such comments, it willpublish a timely withdrawal ofthe direct final rule in the Federal Register andinform the public that the rule will not take effect. ADDRESSES: Written comments should be mailed to Makeba Morris, Acting Branch Chief,Air Quality Planning and Information Services Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, RegionIII, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies ofthe documents relevant to this action are available for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, RegionIII, 1650 Arch Street, Philadelphia, Pennsylvania 19103; the Air andRadiation Docket and Information Center, U.S. Environmental Protection Agency, 1301 Constitution Avenue, NW., Room B108, Washington, DC 20460; andPennsylvania Department ofEnvironmental Protection, Bureau ofAir Quality,P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105. FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-mail at quinto.rose@epa.gov. SUPPLEMENTARY INFORMATION:

I. Background

Pursuant to sections 182(b)(2) and 182(f) ofthe CAA, the Commonwealth ofPennsylvania (the Commonwealth or Pennsylvania) is required to establish and implement RACT for allmajor volatile organic compound (VOC) and NOx sources. The major source size is determined by its location, the classification ofthat area and whether it is located inthe ozone transport region (OTR). Under section 184 ofthe CAA, RACT as specified in sections 182(b)(2) and 182(f) applies throughout the OTR. The entire Commonwealth is located within the OTR. Therefore, RACT is applicable statewide in Pennsylvania.
II. Summary ofSIPRevision

On October 30, 2002, PADEP submitted aformal revision to its SIP to establish andimpose case-by-case RACT for three major sources ofVOC and NOx. Thisrulemaking pertains to one of those sources. The other sources are subject to separate rulemaking actions. The RACT determinations and requirements are included in the operating permit issued byPADEP. PPG is a facility that produces flat glass using floatbath technology. PPGis located in Greenwood Township, Crawford 

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