7038 Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Rules and Regulations 

EPA-APPROVED SOURCE SPECIFIC REQUIREMENTS—Continued

Source name Permit/order or registration number 

State

effective

date 

EPA

approval

date 

Additional explanation/citation at 40 

CFR 52.2560 

Bayer Corporation .......................... Consent Order CO–SIP–2000–2 ............................. 1/26/00 8/2/00 

65 FR 47339 

(c)(44)(i)(B)(2) 

Columbian Chemicals Company .... Consent Order CO–SIP–2000–3 ............................. 1/31/00 8/2/00 

65 FR 47339

(c)(44)(i)(B)(3) 

PPG Industries, Inc ........................ Consent Order CO–SIP–C–2003–27 ....................... 7/29/03 4/28/04 

69 FR 23110 

(c)(58) 

Wheeling-Pittsburgh Steel Corporation.Operating Permit R13–1939A .................................. 8/19/03 05/05/04 

69 FR 24986 

(c)(59)(i)(B)(1) 

Weirton Steel Corporation .............. Consent Order CO–SIP–C–2003–28 ....................... 8/4/03 05/05/04 

69 FR 24986 

(c)(59)(i)(B)(2) 

(e) EPA-approved nonregulatory and 

quasi-regulatory material.

Name of non-regulatory SIP revision Applicable geographic area 

State

submittal

date 

EPA

approval

date 

Additional explanation 

PM–10 Attainment Plan ............... Folansbee Area ...................................................... 11/15/91 7/25/94 

59 FR 37688

52.2522(f); renumbered as (d) at 60 

FR 33925. 

11/22/95 11/15/96 

61 FR 58481

52.2522(g). 

Sulfur Dioxide Attainment Demonstration.City of Weirton Butler and Clay Magisterial Districts (Brooke & Hancock Counties).12/29/03 05/05/04 

69 FR 24986

52.2525(b). 

1990 Base Year Emissions Inventory-VOC, CO, NOX.Greenbrier County .................................................. 12/22/92 8/4/95 

60 FR 39857

52.2531. 

Small Business stationary source 

technical and environmental 

compliance assistance program.

Statewide ................................................................ 1/13/93 9/15/93 

58 FR 48309

52.2560. 

Lead (Pb) SIP .............................. Statewide ................................................................ 6/13/80 10/29/81 

46 FR 53413

52.2565(c)(15). 

Air Quality Monitoring Network .... Statewide ................................................................ 11/4/83 4/27/84 

49 FR 18094

52.2565(c)(21). 

Ozone Maintenance Plan, emissions inventory & contingency 

measures.

Huntington Area (Cabell & Wayne Counties) ........ 8/10/94 12/21/94 

59 FR 65719

52.2565(c)(30). 

Ozone Maintenance Plan, emissions inventory & contingency 

measures.

Parkersburg Area (Wood County) ......................... 8/10/94 9/6/94 

59 FR 45978

52.2565(c)(31). 

Ozone Maintenance Plan, emissions inventory & contingency 

measures.

Charleston Area (Kanahwa & Putnam Counties) .. 8/10/94 9/6/94 

59 FR 45985

52.2565(c)(32). 

Sulfur Dioxide Plan ...................... Grant Magisterial District (Hancock County) .......... 2/17/95 11/27/96 

61 FR 60253

52.2565(c)(35). 

Ozone Maintenance Plan & contingency measures.Greenbrier County .................................................. 9/9/94 8/4/95 

60 FR 39857

52.2565(c)(36). 

Sulfur Dioxide Plan ...................... Marshall County ..................................................... 2/17/00 8/2/00 

65 FR 47339

52.2565(c)(44). 

Ozone Maintenance Plan—

amendments.

Huntington Area (Cabell & Wayne Counties) ........ 8/10/94 2/8/02 

67 FR 5953

52.2565(c)(45). 

[FR Doc. 05–2518 Filed 2–9–05; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[AZ131–125; FRL–7860–8] 

Revisions to the Arizona State 

Implementation Plan Maricopa County 

Environmental Services Department

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Maricopa County Environmental 

Services Department (MCESD) portion 

of the Arizona State Implementation 

Plan (SIP). Under authority of the Clean 

Air Act as amended in 1990 (CAA or the 

Act), we are approving an emission 

statement rule and a negative 

declaration for a volatile organic 

compound (VOC) source category.

Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Rules and Regulations 7039

DATES: This rule is effective on April 11, 

2005, without further notice, unless 

EPA receives adverse comments by 

March 14, 2005. If we receive such 

comments, we will publish a timely 

withdrawal in the Federal Register to 

notify the public that this direct final 

rule will not take effect.

ADDRESSES: Send comments to Andy 

Steckel, Rulemaking Office Chief (AIR–

4), U.S. Environmental Protection 

Agency, Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105–3901 

or e-mail to steckel.andrew@epa.gov, or 

submit comments at http://

www.regulations.gov.

You can inspect copies of the rule and 

the negative declaration, EPA’s 

technical support documents (TSDs), 

and public comments at our Region IX 

office during normal business hours by 

appointment. You may also see copies 

of the submitted SIP revisions by 

appointment at the following locations:

Air and Radiation Docket and Information 

Center, U.S. Environmental Protection 

Agency, Room B–102, 1301 Constitution 

Avenue, NW., (Mail Code 6102T), 

Washington, DC 20460. 

Arizona Department of Environmental 

Quality, Air Quality Division, 1110 West 

Washington Street, Phoenix, Arizona 85007. 

Maricopa County Department of 

Environmental Services, Air Pollution 

Control Division, 1001 North Central 

Avenue, Suite 100, Phoenix, Arizona 85004.

Copies of the rule and the negative 

declaration may also be available via the 

Internet at the following site, http://

www.maricopa.gov/envsvc/AIR/

ruledesc.asp. Please be advised that this 

is not an EPA Web site and may not 

contain the same version of the rule that 

was submitted to EPA.

FOR FURTHER INFORMATION CONTACT: Julie 

A. Rose, EPA Region IX, (415) 947–

4126, rose.julie@epa.gov.

SUPPLEMENTARY INFORMATION:

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

and ‘‘our’’ refer to EPA.

Table of Contents 

I. The State’s Submittal 

A. What rule and negative declaration did 

the State submit? 

B. Are there other versions of this rule or 

negative declaration? 

C. What is the purpose of the submitted 

rule and negative declaration? 

II. EPA’s Evaluation and Action. 

A. How is EPA evaluating the rule and the 

negative declaration? 

B. Do the rule and the negative declaration 

meet the evaluation criteria? 

C. Public comment and final action. 

III. Statutory and Executive Order Reviews

I. The State’s Submittal 

A. What Rule and Negative Declaration 

Did the State Submit? 

Table 1 lists the rule and negative 

declaration we are approving with the 

dates that they were adopted by the 

MCESD and submitted by the Arizona 

Department of Environmental Quality 

(ADEQ).

TABLE 1.—SUBMITTED RULE AND NEGATIVE DECLARATION

Local agency Rule # Rule title Adopted Submitted 

MCESD ................................. 100, Sec. 504 ...................... Emission Statements Required ......................................... 11–16–92 02–04–93 

MCESD ................................. Negative Declaration ........... Fiberglass Boat Manufacturing .......................................... 03–24–04 04–21–04 

On March 10, 1993, and October 26, 

2004, Rule 100, Section 504 and the 

negative declaration, submitted on 

February 4, 1993, and April 21, 2004, 

respectively, 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 This 

Rule or Negative Declaration? 

There are no previous versions of the 

emission statement rule nor the 

Fiberglass Boat Manufacturing negative 

declaration. 

C. What is the Purpose of the Submitted 

Rule and Negative Declaration? 

Emission Statement Rule 

Section 182(a)(3)(B)(i) of the CAA 

requires that States with areas 

designated as nonattainment for ozone 

require emission statement data from 

sources of volatile organic compounds 

(VOC) and oxides of nitrogen (NOX) in 

the nonattainment areas. This 

requirement applies to all ozone 

nonattainment areas regardless of the 

classification (Marginal, Moderate, etc.) 

Emission statements were required to be 

submitted by November 15, 1993, and 

annually thereafter. Section 

182(a)(3)(B)(ii) of the CAA allows the 

States and local agencies to waive the 

requirement for emission statements for 

classes or categories of sources with less 

than 25 tons per year if the class or 

category is included in the base year 

and periodic inventories and emissions 

are calculated using emission factors 

established by EPA or other methods 

acceptable to EPA. 

Negative Declaration 

Section 182(b)(2) of the CAA requires 

States to submit reasonably available 

control technology (RACT) regulations 

for major stationary sources of VOC 

emissions in areas designated as 

nonattainment and classified as 

moderate or above. In order to fulfill 

this requirement, MCESD imposed 

source-specific RACT standards in the 

Title V permit for their Fiberglass Boat 

Manufacturing source. On December 3, 

2001, the source notified MCESD of its 

intent to close their Phoenix facility and 

cease operations no later than December 

31, 2001. In addition, the source 

requested the cancellation of existing 

operating air quality permits as of that 

date. On April 21, 2004, ADEQ 

submitted a SIP revision including a 

redesignation request and maintenance 

plan for the Maricopa County 

Nonattainment Area. As part of that 

revision, ADEQ also submitted a 

negative declaration for the Fiberglass 

Boat Manufacturing source category. 

The negative declaration was adopted to 

fulfill the requirements of section 

182(b)(2) of the CAA. 

II. EPA’s Evaluation and Action 

A. How is EPA Evaluating the Rule and 

the Negative Declaration? 

Emission Statement 

The emission statement rule requires 

owners or operators of sources which 

emit VOC and NOX to provide the 

Control Officer with a statement 

showing actual emissions of NOX and 

VOC annually. The statement must 

contain a certification by a responsible 

official of the company that the 

information contained in the statement 

is accurate. In combination with the 

other requirements, these rules must be 

enforceable (see section 110(a) of the 

Act) and must not relax existing 

requirements (see sections 110(l) and 

193). EPA policy that we used to help 

evaluate enforceability requirements 

consistently includes the Bluebook 

(‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988) and 

the Little Bluebook (‘‘Guidance 

Document for Correcting Common VOC 

& Other Rule Deficiencies,’’ EPA Region 

9, August 21, 2001). 

7040 Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Rules and Regulations 

Negative Declaration 

The MCESD has certified that it 

currently does not have any sources of 

Fiberglass Boat Manufacturing with the 

closure of Sea Ray Boats, Inc. The 

MCESD reviewed Department permit 

files, the 2002 Arizona Industrial 

Directory, and the Toxic Release 

Inventory System to determine if any 

other major sources of fiberglass boat 

manufacturing exist in Maricopa 

County. Based on this review, MCESD 

declares that there are no major sources 

of fiberglass boat manufacturing present 

in Maricopa County. 

B. Do the Rule and the Negative 

Declaration Meet the Evaluation 

Criteria?

We believe the emission statement 

rule and the negative declaration are 

consistent with the relevant policy and 

guidance regarding enforceability and 

SIP revisions. The TSDs have more 

information on our evaluation. 

C. Public Comment and Final Action 

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

the Act, EPA is fully approving the 

submitted rule as a revision to the SIP 

and is approving the negative 

declaration as additional information to 

the SIP. We believe the rule and the 

negative declaration fulfill all the 

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 rule and 

negative declaration. If we receive 

adverse comments by March 14, 2005, 

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 April 11, 

2005. This will incorporate the rule into 

the federally enforceable SIP and add 

the negative declaration as additional 

information. 

III. 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 

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.). 

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 April 11, 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 Oxides, Ozone, Reporting and 

recordkeeping requirements.

Dated: December 22, 2004. 

Sally Seymour, 

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 D—Arizona

■ 2. Section 52.120 is amended by 

adding paragraph (c)(78)(i)(B) to read as 

follows:

§ 52.120 Identification of plan.

* * * * *

(c) * * * 

(78) * * * 

Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Rules and Regulations 7041

(i) * * * 

(B) Rule 100, Section 504 adopted on 

November 16, 1992.

* * * * *

■ 3. Section 52.122 is amended by 

adding paragraph (a)(1)(ii) to read as 

follows:

§ 52.122 Negative declarations. 

(a) * * * 

(1) * * * 

(ii) Fiberglass Boat Manufacturing was 

adopted on March 24, 2004 and 

submitted on April 21, 2004.

* * * * *

[FR Doc. 05–2520 Filed 2–9–05; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R06–OAR–2005–TX–0001; FRL–7871–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Revisions To Control Volatile Organic 

Compound Emissions From Consumer 

Related Sources

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve Texas State 

Implementation Plan (SIP) revisions. 

The revisions pertain to regulations to 

control volatile organic compound 

(VOC) emissions from consumer related 

sources. The control of VOC emissions 

will help to attain and maintain national 

ambient air quality standards for ozone 

in Texas. This approval will make the 

revised regulations Federally 

enforceable.

DATES: This rule is effective on April 11, 

2005 without further notice, unless EPA 

receives adverse comment by March 14, 

2005. If EPA receives such comment, 

EPA will publish a timely withdrawal in 

the Federal Register informing the 

public that this rule will not take effect.

ADDRESSES: Submit your comments, 

identified by Regional Materials in 

EDocket (RME) ID No. R06–OAR–2005–

TX–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/. Regional 

Materials in EDocket (RME), EPA’s 

electronic public docket and comment 

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. 

• EPA Region 6 ‘‘Contact Us’’ Web 

site: http://epa.gov/region6/

r6coment.htm. Please click on ‘‘6PD’’

(Multimedia) and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. Thomas Diggs at 

diggs.thomas@epa.gov. Please also send 

a copy by email to the person listed in 

the FOR FURTHER INFORMATION CONTACT

section below. 

• Fax: Mr. Thomas Diggs, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7263. 

• Mail: Mr. Thomas Diggs, Chief, Air 

Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. 

Thomas Diggs, Chief, Air Planning 

Section (6PD–L), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

Such deliveries are accepted only 

between the hours of 8 a.m. and 4 p.m. 

weekdays except for legal holidays. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

RME ID No. R06–OAR–2005–TX–0001. 

EPA’s policy is that all comments 

received will be included in the public 

file without change and may be made 

available online at http://

docket.epa.gov/rmepub/, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information 

through Regional Materials in EDocket 

(RME), regulations.gov or e-mail if you 

believe that it is CBI or otherwise 

protected from disclosure. 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 file 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 and any form of 

encryption, and should be free of any 

defects or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

Regional Materials in EDocket (RME) 

index at http://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 materials relevant to 

this rulemaking are available either 

electronically in RME or in the official 

file, which is available at the Air 

Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal is also available 

for public inspection at the State Air 

Agency listed below during official 

business hours by appointment: 

Texas Commission on Environmental 

Quality, Office of Air Quality, 12124 

Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Carl 

Young, Air Planning Section (6PD–L), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

214–665–6645; fax number 214–665–

7263; e-mail address 

young.carl@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, whenever 

‘‘we’’ ‘‘us’’ or ‘‘our’’ is used, we mean 

the EPA.

Outline 

I. What Is a SIP? 

II. What Action Is EPA Taking? 

III. What Is the Effect of This Action? 

IV. Final Action 

V. Statutory and Executive Order Reviews