Federal Register / Vol. 69, No. 168 / Tuesday, August 31, 2004 / Rules and Regulations 53007

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds.

Dated: July 23, 2004. 

Laura Yoshii, 

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)(225)(i)(H) and 

(262)(i)(E)(3) to read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * * 

(225) * * * 

(i) * * * 

(H) Mohave Desert Air Quality 

Management District. 

(1) Rule 222, adopted on July 31, 

1995.

* * * * *

(262) * * * 

(i) * * * 

(E) * * * 

(3) Rule 226, adopted on March 17, 

1998 and amended on July 21, 1998.

* * * * *

[FR Doc. 04–19817 Filed 8–30–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[WA–04–002; FRL–7807–1] 

Approval and Promulgation of 

Implementation Plans; Washington

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: In this action EPA is 

approving numerous revisions to the 

State of Washington Implementation 

Plan. The Director of the Washington 

State Department of Ecology (Ecology) 

submitted two requests to EPA dated 

September 24, 2001 and February 9, 

2004 to revise certain sections of the 

Puget Sound Clean Air Agency’s (PS 

Clean Air) regulations. The revisions 

were submitted in accordance with the 

requirements of section 110 of the Clean 

Air Act (hereinafter, the Act). EPA is not 

approving in this rulemaking a number 

of submitted rule provisions which are 

inappropriate for EPA approval and is 

taking no action on a number of other 

provisions that are unrelated to the 

purposes of the State implementation 

plan (SIP). 

EPA is also approving certain sourcespecific SIP revisions relating to Saint 

Gobain Containers and LaFarge North 

America.

DATES: This final rule is effective on 

September 30, 2004.

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. WA–04–002. Some information is 

not publicly available (i.e., CBI or other 

information whose disclosure is 

restricted by statute). Publicly available 

docket materials are available in hard 

copy at the EPA Region 10, Office of 

Air, Waste, and Toxics (AWT–107), 

1200 Sixth Avenue, Seattle, Washington 

98101. This Docket facility is open from 

8:30–4, Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is (206) 553–4273.

FOR FURTHER INFORMATION CONTACT:

Roylene A. Cunningham, EPA Region 

10, Office of Air, Waste and Toxics 

(AWT–107), 1200 Sixth Avenue, Seattle, 

Washington 98101, (206) 553–0513, or 

email address: 

cunningham.roylene@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Geographic Scope of SIP Approval 

V. Statutory and Executive Order Reviews

I. Background 

On Friday April 2, 2004, EPA 

solicited public comment on a proposal 

to approve for inclusion in the 

Washington SIP numerous revisions to 

the PS Clean Air regulations. EPA also 

proposed not to approve into the SIP a 

number of PS Clean Air regulations 

which EPA believes are inappropriate 

for EPA approval and to take no action 

on a number of other provisions that are 

unrelated to the purposes of the SIP. 

EPA also proposed to approve certain 

source-specific SIP revisions relating to 

Saint Gobain Containers and LaFarge 

North America. A detailed description 

of our action was published in the 

Federal Register on April 2, 2004. The 

reader is referred to the proposed 

rulemaking (69 FR 17368, April 2, 2004) 

for details. 

II. Response to Comments 

EPA provided a 30-day review and 

comment period and solicited 

comments on our April 2, 2004 

proposal. EPA received written 

comments from two commenters, which 

raised the same two issues. The 

following is a summary of the issues 

raised by the commenters, along with 

EPA’s response to those comments. 

Copies of the written comments 

received by EPA are in the docket. 

Comment: EPA erred in three respects 

in denying PS Clean Air’s request to 

remove PS Clean Air Reg. I, Section 

9.11, from the SIP. First, in doing so, 

EPA relied on the fact that Section 9.11 

is referred to by cross-reference in 

Regulation I, Subsection 6.03(a)(8) 

(adopted July 12, 2001). That version of 

Subsection 6.03(a)(8), however, is not 

currently contained in the SIP and is not 

the subject of this proposed rulemaking. 

The version of Section 6.03 that is 

currently contained in the SIP does not 

cross-reference Section 9.11 in any way. 

Thus, the perceived relationship 

between the 2001 version of Section 

6.03 and the 1983 version of Section 

9.11 is not relevant to this rulemaking. 

EPA should not base its current 

proposed denial of PS Clean Air’s 

request to remove Section 9.11 from the 

SIP on an anticipated future action that 

is not the subject of this rulemaking. 

Only when EPA proposes to take action 

on a version of Section 6.03 that is 

related in some way to Section 9.11, 

will EPA’s concern be relevant.

Second, even if the SIP contained the 

2001 version of Section 6.03, EPA’s 

rationale would still be insufficient. 

There is no legal principle requiring that 

all laws in any way related to a SIP to 

be included in the SIP itself. For 

example, does a SIP that requires that 

permit applications be sealed by a 

licensed professional engineer and 

refers to the state’s engineering 

licensure statute have to contain that 

statute? See, e.g., 30 TAC 116.110 (6/17/

98) (approved as part of the Texas SIP 

67 FR 58709 (September 18, 2002)). This 

rule requires certain permit applications 

to be submitted under the seal of a 

licensed professional engineer, and 

refers to the Texas Engineering Practice 

Act. As with the Texas SIP, the answer 

to both of these questions is no, because 

neither the Act nor EPA’s regulations 

require such inclusion, and their 

inclusion is not otherwise necessary to 

implement the SIP. 

Finally, there is no practical problem 

that would arise from Section 9.11 

existing outside of the SIP. Whether or 

not a source has been previously cited 

under Section 9.11 for causing air 

53008 Federal Register / Vol. 69, No. 168 / Tuesday, August 31, 2004 / Rules and Regulations 

1Memorandum from Steven A. Herman, Assistant 

Administrator for Enforcement and Compliance 

Monitoring, and Robert Perciasepe, Assistant 

Administrator for Air AND Radiation, to the 

Regional Administrators, entitled ‘‘State 

Implementation Plans: Policy Regarding Excess 

Emissions During Malfunctions, Startup, and 

Shutdown,’’ p. 3 (September 20, 1999).

2To avoid any ambiguity regarding the issue in 

the future, PS Clean Air has advised EPA that it will 

make clarifying changes to Subsection 12.03(b)(1) 

within the next six months to remove the language 

‘‘to the Control Officer.’’ EPA supports this 

clarifying change.

pollution is a mere question of fact to 

be determined at the time a project 

potentially subject to the Notice of 

Construction program under Section 

6.03 (2001) is proposed. If the source 

has been cited, it cannot take advantage 

of the exemptions in Subsections 6.03(b) 

and (c) (2001) from the Notice of 

Construction requirement. If it has not 

been cited, then Subsection 6.03(a)(8) 

(2001) does not bar use of the 

exemptions. Thus, it simply makes no 

difference as a practical matter whether 

or not Section 9.11 itself is in the SIP 

itself or instead exists in law external to 

the SIP. 

Response: Because Subsection 

6.03(a)(8) (adopted July 12, 2001), 

which cross-references Section 9.11, is 

not currently approved as part of the 

SIP, EPA is granting PS Clean Air’s 

request to remove Section 9.11 from the 

SIP. As discussed in the proposal, WAC 

173–400–040(5), (Emissions detrimental 

to persons or property), is very similar 

to the provisions of PS Clean Air 

Regulation I, Section 9.11, and is 

currently part of the Washington SIP. 

Because WAC 173–400–040(5) applies 

statewide, removing Section 9.11 from 

the SIP will not decrease the stringency 

of the Washington SIP. See 69 FR at 

17371. 

Comment: PS Clean Air’s Regulation 

I, Subsection 12.03(b) (adopted April 9, 

1998) requires that a source that is 

required to have a continuous emission 

monitoring system (CEMS) must recover 

valid hourly monitoring data for at least 

95% of the hours that the equipment 

(required to be monitored) is operated 

during each month. EPA proposed not 

to approve as part of the SIP Subsection 

12.03(b)(1), which states that this 

requirement does not include: 

Periods of monitoring system 

downtime, provided that the owner or 

operator demonstrates to the Control 

Officer that the downtime was not a 

result of inadequate design, operation, 

or maintenance, or any other reasonably 

preventable condition, and any 

necessary repairs to the monitoring 

system are conducted in a timely 

manner. 

EPA erred in concluding that EPA 

cannot approve Subsection 12.03(b)(1) 

into the SIP. EPA reasoned that 

Subsection 12.03(b)(1) is in essence an 

enforcement discretion provision and 

does not make clear that the Control 

Officer’s determination that compliance 

with the data recovery requirements 

should be excused is not binding on 

EPA or citizens. EPA’s reliance on 

EPA’s guidance document regarding 

State excess emission provisions 1 is not 

appropriate because Subsection 

12.03(b)(1) is not an ‘‘enforcement 

discretion’’ provision and does not 

‘‘excuse’’ an ‘‘excess emission.’’ Instead, 

Subsection 12.03(b)(1) defines a source’s 

substantive legal obligation to recover 

such data from a required CEMS—

providing an affirmative defense, under 

specified circumstances, to the failure to 

recover CEMS data as otherwise 

required under Subsection 12.03(b). 

Where a source is able to make the 

required demonstration, the Control 

Officer has no discretion to consider the 

down time to be a violation of the data 

recovery requirements of Subsection 

12.03(b). It is simply not a violation. 

Hence, the provision fits squarely 

within the permissible ‘‘affirmative 

defense’’ category (rather than the 

‘‘enforcement discretion’’ category) of 

the guidance relied on by EPA in 

proposing to not approve this provision 

for inclusion in the SIP.

Subsection 12.03(b)(1) applies only to 

CEMS required by PS Clean Air 

regulations, orders and permits, and 

does not relieve anyone of the 

responsibility of complying with 

monitoring requirements under 40 CFR 

part 60, 61, or 63. See PS Clean Air, 

Regulation I, Section 12.01. In addition, 

as EPA notes, the criteria in Subsection 

12.03(b)(1) for determining whether less 

than 95% data recovery is permissible 

are objective. 69 FR at 17370. CEMS, no 

matter how diligently maintained, 

sustain malfunction and calibration 

problems. Section 12.03 is more 

stringent than many analogous data 

recovery rules in 40 CFR parts 60 and 

63. Finally, Subsection 12.03(b)(1) is 

more stringent than Washington’s SIPapproved data recovery rule, WAC 173–

400–105(h). 

Response: Since publication of the 

proposal, PS Clean Air has submitted a 

letter to EPA stating that the intent of 

the language ‘‘demonstrates to the 

Control Officer’’ in Subsection 

12.03(b)(1) was to make clear that the 

decision regarding whether a facility 

meets the requirements for the 

exception to monitoring is not a 

unilateral decision on the part of the 

facility. PS Clean Air further stated that 

it never intended that PS Clean Air’s 

decision regarding whether a facility 

meets the requirements for the 

exception to monitoring would be 

conclusive or binding on EPA or on a 

federal court in a citizen suit 

enforcement action. Based on PS Clean 

Air’s explanation regarding the intent of 

the ‘‘to the Control Officer’’ language, 

EPA is approving Subsection 12.03(b)(1) 

into the SIP with the understanding that 

the Control Officer’s determination is 

not binding on EPA or citizens in an 

enforcement action.2 In short, EPA is 

approving as part of the SIP all of 

Section 12.03, Continuous Emission 

Monitoring Systems, adopted April 9, 

1998, except for Subsection 12.03(b)(2). 

As discussed in the proposal, EPA 

believes that Subsection 12.03(b)(2), if 

approved into the SIP, would authorize 

PS Clean Air to modify standards or 

requirements relied on to attain and 

maintain the NAAQS by granting an 

exemption or alternative to such 

requirements without going through a 

SIP revision and, as such, is not 

approvable. See 69 FR at 17370.

III. Final Action 

EPA is taking final action to approve 

as part of the Washington SIP the 

following new and revised sections of 

the PS Clean Air regulations submitted 

by Ecology on September 24, 2001 and 

February 9, 2004: 

Regulation I, Sections 1.01, Policy; 

1.03, Name of Agency; 1.05, Short Title, 

adopted September 9, 1999; 3.04, 

Reasonably Available Control 

Technology [except (e)], adopted March 

11, 1999; 3.06 Credible Evidence, 

adopted October 8, 1998; 5.03, 

Registration Required [except (a)(5)], 

adopted July 8, 1999; 5.05 General 

Reporting Requirements for 

Registration, adopted September 10, 

1998; 7.09, General Reporting 

Requirements for Operating Permits, 

adopted September 10, 1998; 8.04, 

General Conditions for Outdoor 

Burning; 8.05, Agricultural Burning; 

8.09, Description of King County NoBurn Area; 8.10, Description of Pierce 

County No-Burn Area; and 8.11, 

Description of Snohomish County NoBurn Area, adopted November 9, 2000; 

and 8.12, Description of Kitsap County 

No-Burn Area, adopted October 24, 

2002; 9.03, Emission of Air 

Contaminant: Visual Standard [except 

(e)], adopted March 11, 1999; 9.04, 

Opacity Standards for Equipment with 

Continuous Opacity Monitoring 

Systems [except (d)(2) and (f)], adopted 

April 9, 1998; 9.09, Particulate Matter 

Emission Standards, adopted April 9, 

Federal Register / Vol. 69, No. 168 / Tuesday, August 31, 2004 / Rules and Regulations 53009

1998; 9.15, Fugitive Dust Control 

Measures, adopted March 11, 1999; 

9.16, Spray-Coating Operations, adopted 

July 12, 2001; 12.01, Applicability and 

12.03, Continuous Emission Monitoring 

Systems [except (b)(2)], adopted April 9, 

1998; 13.01, Policy and Purpose, 

adopted September 9, 1999; and 13.02, 

Definitions, adopted October 8, 1998. 

Regulation II, Sections 1.01, Purpose; 

1.02, Policy; 1.03, Short Title; and 1.05, 

Special Definitions, adopted September 

9, 1999; 2.01, Definitions, adopted July 

8, 1999; 2.07, Gasoline Stations, adopted 

December 9, 1999; 2.08, Gasoline 

Transport Tanks, adopted July 8, 1999; 

and 3.02, Volatile Organic Compound 

Storage Tanks, July 8, 1999. 

EPA is also approving the following 

new and revised PS Clean Air 

regulations, but is not incorporating 

them by reference because they relate to 

PS Clean Air’s enforcement authority or 

administrative procedures: 

Regulation I, Sections 3.01, Duties 

and Powers of the Control Officer, 

adopted September 9, 1999; 3.05, 

Investigations by the Control Officer, 

adopted February 10, 1994; 3.07, 

Compliance Tests, adopted February 9, 

1995; 3.09, Violations—Notice, adopted 

August 8, 1991; 3.11, Civil Penalties, 

adopted September 26, 2002; 3.13, 

Criminal Penalties, adopted August 8, 

1991; 3.15, Additional Enforcement, 

adopted August 8, 1991; 3.17, Appeal of 

Orders, adopted October 8, 1998; 3.19, 

Confidential Information, adopted 

August 8, 1991; and 3.21, Separability, 

adopted August 8, 1991. EPA is not 

incorporating these regulations by 

reference as part of the Washington SIP 

to avoid potential conflict with EPA’s 

independent authorities. 

EPA is not approving in this 

rulemaking a number of submitted rule 

provisions which are inappropriate for 

EPA approval and is taking no action on 

a number of other provisions that are 

unrelated to the purposes of the 

implementation plan. This includes 

removing such provisions from the 

current incorporation by reference 

where they have been previously 

incorporated: 

Regulation I, Sections 3.01, Duties 

and Powers of the Control Officer; 3.05, 

Investigations by the Control Officer; 

3.07, Compliance Tests; 3.09, 

Violations—Notice; 3.11, Civil 

Penalties; 3.13, Criminal Penalties; 3.15, 

Additional Enforcement; 3.17, Appeal of 

Orders; 3.19, Confidential Information; 

and 3.21, Separability; 3.23, Alternate 

Means of Compliance; 5.07, Registration 

Fees; 8.02, Outdoor Fires—Prohibited 

Types; 8.03, Outdoor Fires—Prohibited 

Areas; 9.03(e), Emission of Air 

Contaminant: Visual Standard; 9.09(c), 

Particulate Matter Emission Standards; 

9.11, Emission of Air Contaminant: 

Detriment to Person or Property; 9.13, 

Emission of Air Contaminant: 

Concealment and Masking Restricted; 

11.01, Ambient Air Quality Standards; 

11.02, Ambient Air Monitoring; 12.02, 

Continuous Emission Monitoring 

Requirements; and 12.04, 

Recordkeeping and Report 

Requirements; Regulation II, Sections 

2.04, Volatile Organic Compound 

Storage Tanks; and 3.07, Petroleum 

Solvent Dry Cleaning Systems; and 

Regulation III.

EPA is taking no action on Article 1, 

Section 1.07, Definitions, as this section 

has been revised since this SIP 

submission was submitted to EPA. PS 

Clean Air will be submitting the 

revisions to Section 1.07 to EPA in a 

separate action. EPA will therefore be 

taking action on Section 1.07 in a 

separate rulemaking. 

Finally, EPA is approving the 

following Notice of Construction (NOC) 

Order of Approvals as source-specific 

SIP revisions: Holnam, Inc., Ideal 

Division (now known as LaFarge North 

America, Inc.) NOC Order of Approval 

No. 5183, effective date February 9, 

1994; and Saint-Gobain Containers LLC, 

NOC Order of Approval No. 8244, 

effective date September 30, 2004. 

IV. Geographic Scope of SIP Approval 

This SIP approval does not extend to 

sources or activities located in Indian 

Country, as defined in 18 U.S.C. 1151. 

Consistent with previous Federal 

program approvals or delegations, EPA 

will continue to implement the Act in 

Indian Country in Washington because 

PS Clean Air did not adequately 

demonstrate authority over sources and 

activities located within the exterior 

boundaries of Indian reservations and 

other areas of Indian Country. The one 

exception is within the exterior 

boundaries of the Puyallup Indian 

Reservation, also known as the 1873 

Survey Area. Under the Puyallup Tribe 

of Indians Settlement Act of 1989, 25 

U.S.C. 1773, Congress explicitly 

provided State and local agencies in 

Washington authority over activities on 

non-trust lands within the 1873 Survey 

Area. Therefore, EPA’s SIP approval 

applies to sources and activities on nontrust lands within the 1873 Survey Area. 

V. 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 

(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 

53010 Federal Register / Vol. 69, No. 168 / Tuesday, August 31, 2004 / Rules and Regulations 

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 November 1, 

2004. 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, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds.

Dated: August 19, 2004. 

Julie Hagensen, 

Acting Regional Administrator, Region 10.

■ 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 WW—Washington

■ 2. Section 52.2470 is amended by 

adding paragraph (c)(84) to read as 

follows:

§ 52.2470 Identification of plan.

* * * * *

(c) * * * 

(84) On September 24, 2001 and 

February 9, 2004, the Washington State 

Department of Ecology submitted 

amendments to Puget Sound Clean Air 

Agency’s regulations (Regulation I, II, 

and III) as revisions to the Washington 

State implementation plan. 

(i) Incorporation by reference. 

(A) The following new and revised 

sections of Puget Sound Clean Air 

Agency’s Regulations: Regulation I, 

Sections 1.01, Policy; 1.03, Name of 

Agency; and 1.05, Short Title, adopted 

September 9, 1999; 3.04, Reasonably 

Available Control Technology [except 

(e)], adopted March 11, 1999; 3.06 

Credible Evidence, adopted October 8, 

1998; 5.03, Registration Required 

[except (a)(5)], adopted July 8, 1999; 

5.05 General Reporting Requirements 

for Registration, adopted September 10, 

1998; 7.09, General Reporting 

Requirements for Operating Permits, 

adopted September 10, 1998; 8.04, 

General Conditions for Outdoor 

Burning; 8.05, Agricultural Burning; 

8.09, Description of King County NoBurn Area; 8.10, Description of Pierce 

County No-Burn Area; and 8.11, 

Description of Snohomish County NoBurn Area, adopted November 9, 2000; 

and 8.12, Description of Kitsap County 

No-Burn Area, adopted October 24, 

2002; 9.03, Emission of Air 

Contaminant: Visual Standard [except 

(e)], adopted March 11, 1999; 9.04, 

Opacity Standards for Equipment with 

Continuous Opacity Monitoring 

Systems [except (d)(2) and (f)], adopted 

April 9, 1998; 9.09, Particulate Matter 

Emission Standards, adopted April 9, 

1998; 9.15, Fugitive Dust Control 

Measures, adopted March 11, 1999; 

9.16, Spray-Coating Operations, adopted 

July 12, 2001; 12.01, Applicability and 

12.03, Continuous Emission Monitoring 

Systems [except (b)(2)], adopted April 9, 

1998; 13.01, Policy and Purpose, 

adopted September 9, 1999; and 13.02, 

Definitions, adopted October 8, 1998; 

Regulation II, Sections 1.01, Purpose; 

1.02, Policy; 1.03, Short Title; and 1.05, 

Special Definitions, adopted September 

9, 1999; 2.01, Definitions, adopted July 

8, 1999; 2.07, Gasoline Stations, adopted 

December 9, 1999; 2.08, Gasoline 

Transport Tanks, adopted July 8, 1999; 

and 3.02, Volatile Organic Compound 

Storage Tanks, adopted July 8, 1999. 

(B) The following Puget Sound Clean 

Air Agency Notice of Construction 

(NOC) Order of Approvals: Holnam, 

Inc., Ideal Division (now known as 

LaFarge North America, Inc.) NOC 

Order of Approval No. 5183, effective 

date February 9, 1994; and Saint-Gobain 

Containers LLC, NOC Order of Approval 

No. 8244, effective date September 30, 

2004. 

(C) Remove the following provisions 

from the current incorporation by 

reference: Regulation I, Sections 3.01, 

Duties and Powers of the Control 

Officer; 3.05, Investigations by the 

Control Officer; 3.07, Compliance Tests; 

3.09, Violations—Notice; 3.11, Civil 

Penalties; 3.13, Criminal Penalties; 3.15, 

Additional Enforcement; 3.17, Appeal of 

Orders; 3.19, Confidential Information; 

3.21, Separability; 3.23, Alternate Means 

of Compliance; 5.07, Registration Fees; 

8.02, Outdoor Fires-Prohibited Types; 

8.03, Outdoor Fires-Prohibited Areas; 

9.03(e), Emission of Air Contaminant: 

Visual Standard; 9.09(c), Particulate 

Matter Emission Standards; 9.11, 

Emission of Air Contaminant: Detriment 

to Person or Property; 9.13, Emission of 

Air Contaminant: Concealment and 

Masking Restricted; 11.01, Ambient Air 

Quality Standards; 11.02, Ambient Air 

Monitoring; 12.02, Continuous Emission 

Monitoring Requirements; and 12.04, 

Recordkeeping and Report 

Requirements; Regulation II, Sections 

2.04, Volatile Organic Compound 

Storage Tanks; and 3.07, Petroleum 

Solvent Dry Cleaning Systems; and 

Regulation III. 

(ii) Additional Material. 

(A) The following sections of Puget 

Sound Clean Air Agency Regulation I: 

Sections 3.01, Duties and Powers of the 

Control Officer, adopted September 9, 

1999; 3.05, Investigations by the Control 

Officer, adopted February 10, 1994; 

3.07, Compliance Tests, adopted 

February 9, 1995; 3.09, Violations—

Notice, adopted August 8, 1991; 3.11, 

Civil Penalties, adopted September 26, 

2002; 3.13, Criminal Penalties, adopted 

August 8, 1991; 3.15, Additional 

Enforcement, adopted August 8, 1991; 

3.17, Appeal of Orders, adopted October 

8, 1998; 3.19, Confidential Information, 

adopted August 8, 1991; and 3.21, 

Separability, adopted August 8, 1991.

■ 3. Section 3.PS of § 52.2479 is revised 

to read as follows:

§ 52.2479 Contents of the federally 

approved, State submitted implementation 

plan.

* * * * *

Federal Register / Vol. 69, No. 168 / Tuesday, August 31, 2004 / Rules and Regulations 53011

Washington State Implementation Plan 

for Air Quality; State and Local 

Requirements 

Table of Contents

* * * * *

3.PS—Puget Sound Clean Air Agency 

3.PS.1—Regulation I 

Article 1: Policy, Short Title, and Definitions 

Section 1.01 Policy [9/9/99] 

Section 1.03 Name of Agency [9/9/99] 

Section 1.05 Short Title [9/9/99] 

Section 1.07 Definitions [4/14/94] 

Article 3: General Provisions 

Section 3.04 Reasonably Available Control 

Technology, except (e) [3/11/99] 

Section 3.06 Credible Evidence [10/8/98] 

Article 5: Registration 

Section 5.02 Applicability and Purpose of 

the Registration Program [9/12/96] 

Section 5.03 Registration Required, except 

(a)(5) [7/8/99] 

Section 5.05 General Reporting 

Requirements for Registration [9/10/98] 

Article 6: New Source Review 

Section 6.03 Notice of Construction [9/12/

96] 

Section 6.04 Notice of Construction Review 

Fees [9/11/97] 

Section 6.06 Public Notice [4/14/94] 

Section 6.07 Order of Approval—Order to 

Prevent Construction [4/14/94] 

Section 6.08 Emission Reduction Credit 

Banking [11/19/92] 

Section 6.09 Notice of Completion [4/14/94] 

Section 6.10 Work Done without an 

Approval [9/11/97] 

Article 7: Operating Permits 

Section 7.09 General Reporting 

Requirements for Operating Permits [9/10/

98] 

Article 8: Outdoor Fires 

Section 8.04 General Conditions for 

Outdoor Burning [11/9/00] 

Section 8.05 Agricultural Burning [11/9/00] 

Section 8.06 Outdoor Burning Ozone 

Contingency Measure [12/19/02] 

Section 8.09 Description of King County 

No-Burn Area [11/9/00] 

Section 8.10 Description of Pierce County 

No-Burn Area [11/9/00] 

Section 8.11 Description of Snohomish 

County No-Burn Area [11/9/00] 

Section 8.12 Description of Kitsap County 

No-Burn Area [10/24/02] 

Article 9: Emission Standards 

Section 9.03 Emission of Air Contaminant: 

Visual Standard, except (e) [3/11/99] 

Section 9.04 Opacity Standards for 

Equipment With Continuous Opacity 

Monitoring Systems, except (d)(2) and (f) 

[4/9/98] 

Section 9.05 Refuse Burning [12/9/93] 

Section 9.07 Sulfur Dioxide Emission 

Standard [4/14/94] 

Section 9.08 Fuel Oil Standards [4/14/94] 

Section 9.09 Particulate Matter Emission 

Standards [4/9/98] 

Section 9.15 Fugitive Dust Control 

Measures [3/11/99] 

Section 9.16 Spray-Coating Operations [7/

12/01] 

Section 9.20 Maintenance of Equipment [6/

9/88] 

Article 12: Standards of Performance for 

Continuous Emission Monitoring Systems 

Section 12.01 Applicability [4/9/98] 

Section 12.03 Continuous Emission 

Monitoring System, except (b)(2) [4/9/98] 

Article 13: Solid Fuel Burning Device 

Standards 

Section 13.01 Policy and Purpose [9/9/99] 

Section 13.02 Definitions [10/8/98] 

Section 13.03 Opacity Standards [10/11/90] 

Section 13.04 Prohibited Fuel Types [9/26/

91] 

Section 13.05 Curtailment [9/26/91] 

Section 13.07 Contingency [12/8/94] 

3.PS.2—Regulation II 

Article 1: Purpose, Policy, Short Title, and 

Definitions 

Section 1.01 Purpose [9/9/99] 

Section 1.02 Policy [9/9/99] 

Section 1.03 Short Title [9/9/99] 

Section 1.04 General Definitions [12/11/80] 

Section 1.05 Special Definitions [9/9/99] 

Article 2: Gasoline Marketing Emission 

Standards 

Section 2.01 Definitions [7/8/99] 

Section 2.03 Petroleum Refineries [6/13/91] 

Section 2.05 Gasoline Loading Terminals 

[12/9/93] 

Section 2.06 Bulk Gasoline Plants [6/13/91] 

Section 2.07 Gasoline Stations [12/9/99] 

Section 2.08 Gasoline Transport Tanks [7/8/

99] 

Section 2.09 Oxygenated Gasoline Carbon 

Monoxide Contingency Measure and Fee 

Schedule [12/19/02] 

Section 2.10 Gasoline Station Ozone 

Contingency Measure [12/19/02] 

Article 3: Miscellaneous Volatile Organic 

Compound Emission Standards 

Section 3.01 Cutback Asphalt Paving [6/13/

91] 

Section 3.02 Volatile Organic Compound 

Storage Tanks [7/8/99] 

Section 3.03 Can and Paper Coating 

Operations [2/10/94] 

Section 3.04 Motor Vehicle and Mobile 

Equipment Coating Operations [12/9/93] 

Section 3.05 Graphic Arts Systems [12/9/

93] 

Section 3.08 Polyester, Vinylester, Gelcoat, 

and Resin Operations [12/9/93] 

Section 3.09 Aerospace Component Coating 

Operations [12/9/93] 

Section 3.11 Coatings and Ink 

Manufacturing [4/11/96]

* * * * *

[FR Doc. 04–19818 Filed 8–30–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF AGRICULTURE

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

RIN 1018–AJ25 

Subsistence Management Regulations 

for Public Lands in Alaska, Subpart 

D—2004–05 Subsistence Taking of 

Wildlife Regulations; Correction

AGENCIES: Forest Service, USDA; Fish 

and Wildlife Service, Interior.

ACTION: Final rule; correction.

SUMMARY: This rule corrects the 

Subsistence Management Regulations 

for Public Lands in Alaska, published in 

the Federal Register on July 1, 2004, (69 

FR 40174) implementing the subsistence 

priority for rural residents of Alaska 

under Title VIII of the Alaska National 

Interest Lands Conservation Act of 1980. 

The July 1, 2004, final rule established 

regulations for seasons, harvest limits, 

methods, and means relating to the 

taking of wildlife for subsistence uses 

during the 2004–05 regulatory year. 

This document makes three changes to 

that final rule: It corrects an inadvertent 

error in the definition of ‘‘fur,’’ clarifies 

exactly who may sell handicrafts made 

from the fur of bears, and corrects a 

Government Printing Office publication 

error relative to caribou seasons in Unit 

10.

DATES: The amendment to section 

ll.25 is effective July 1, 2004. The 

amendment to section ll.26 is 

effective July 1, 2004 through June 30, 

2005.

FOR FURTHER INFORMATION CONTACT:

Thomas H. Boyd, Office of Subsistence 

Management, U.S. Fish and Wildlife 

Service, telephone (907) 786–3888. For 

questions specific to National Forest 

System lands, contact Steve Kessler, 

Regional Subsistence Program Leader, 

USDA—Forest Service, Alaska Region, 

telephone (907) 786–3592.

SUPPLEMENTARY INFORMATION: 

Background 

On July 1, 2004, we published in the 

Federal Register a final rule to establish 

regulations for seasons, harvest limits, 

methods, and means related to taking of 

wildlife for subsistence uses in Alaska 

during the 2004–05 regulatory year (69 

FR 40174). That rulemaking was