43752 Federal Register / Vol. 69, No. 140 / Thursday, July 22, 2004 / Rules and Regulations 

PART 1—RULES OF PRACTICE IN 

PATENT CASES

■ 1. The authority citation for 37 CFR 

part 1 continues to read as follows:

Authority: 35 U.S.C. 2, unless otherwise 

noted.

■ 2. Section 1.23 is amended by revising 

paragraph (b) to read as follows:

§ 1.23 Methods of payment.

* * * * *

(b) Payments of money required for 

United States Patent and Trademark 

Office fees may also be made by credit 

card, except for replenishing a deposit 

account. Payment of a fee by credit card 

must specify the amount to be charged 

to the credit card and such other 

information as is necessary to process 

the charge, and is subject to collection 

of the fee. The Office will not accept a 

general authorization to charge fees to a 

credit card. If credit card information is 

provided on a form or document other 

than a form provided by the Office for 

the payment of fees by credit card, the 

Office will not be liable if the credit 

card number becomes public 

knowledge.

■ 3. Section 1.25 is amended by revising 

paragraph (c)(2) to read as follows:

§ 1.25 Deposit accounts.

* * * * *

(c) *** 

(2) A payment to replenish a deposit 

account may be submitted by electronic 

funds transfer over the Office’s Internet 

Web site (www.uspto.gov).

* * * * *

PART 2—RULES OF PRACTICE IN 

TRADEMARK CASES

■ 1. The authority citation for 37 CFR 

part 2 continues to read as follows:

Authority: 35 U.S.C. 2, unless otherwise 

noted.

■ 2. Section 2.207 is amended by 

revising paragraph (b) to read as follows:

§ 2.207 Methods of payment.

* * * * *

(b) Payments of money required for 

trademark fees may also be made by 

credit card, except for replenishing a 

deposit account. Payment of a fee by 

credit card must specify the amount to 

be charged to the credit card and such 

other information as is necessary to 

process the charge, and is subject to 

collection of the fee. The Office will not 

accept a general authorization to charge 

fees to a credit card. If credit card 

information is provided on a form or 

document other than a form provided by 

the Office for the payment of fees by 

credit card, the Office will not be liable 

if the credit card number becomes 

public knowledge.

■ 3. Section 2.208 is amended by 

revising paragraph (c)(2) to read as 

follows:

§ 2.208 Deposit accounts.

* * * * *

(c) *** 

(2) A payment to replenish a deposit 

account may be submitted by electronic 

funds transfer over the Office’s Internet 

Web site (www.uspto.gov).

* * * * *

Dated: July 14, 2004. 

Jon W. Dudas, 

Acting Under Secretary of Commerce for 

Intellectual Property and Acting Director of 

the United States Patent and Trademark 

Office.

[FR Doc. 04–16753 Filed 7–21–04; 8:45 am] 

BILLING CODE 3510–16–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[TX–165–1–7610; FRL–7788–2] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to Regulations for Control of 

Air Pollution by Permits for New 

Sources and Modifications Including 

Incorporation of Marine Vessel 

Emissions in Applicability 

Determinations

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is taking final action to 

approve revisions to the Texas State 

Implementation Plan (SIP). This 

includes revisions that the Texas 

Commission on Environmental Quality 

(TCEQ) submitted to EPA on September 

16, 2002, to revise the definitions of 

‘‘building, structure, facility, or 

installation’’ and ‘‘secondary 

emissions.’’ This also includes revisions 

to incorporate updated Federal 

regulation citations. This action is being 

taken under section 110 of the Federal 

Clean Air Act, as amended (the Act or 

CAA).

DATES: This rule is effective on 

September 20, 2004.

ADDRESSES: Copies of the documents 

relevant to this action are 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. 

Copies of any State submittals and 

EPA’s technical support document are 

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:

Stephanie Kordzi, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7520; fax number 

(214) 665–6762; e-mail address 

kordzi.stephanie@epa.gov.

SUPPLEMENTARY INFORMATION:

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

or ‘‘our’’ means EPA. 

Outline:

I. What State Rules Are Being Addressed in 

the Document? 

II. What Is the Legal Basis for EPA’s Proposed 

Approval of These State Rules? 

III. Have the Requirements for Approval of a 

SIP Revision Been Met? 

IV. Final Action 

V. Statutory and Executive Order Reviews

I. What State Rules Are Being 

Addressed in This Document? 

In today’s action we are approving 

into the Texas SIP revisions to Title 30 

of the Texas Administrative Code (30 

TAC) sections 116.12, Nonattainment 

Review Definitions; 116.160, Prevention 

of Significant Deterioration 

Requirements; and 116.162, Evaluation 

of Air Quality Impacts. The TCEQ 

adopted these revisions on October 10, 

2001, and submitted the revisions to us 

for approval as a revision to the SIP on 

September 16, 2002. 

30 TAC Section 116.12—

Nonattainment Review. The previous 

State version of this section, which is 

the existing SIP-approved version (see

65 FR 43994, July 17, 2000), excludes 

the ‘‘activities of any vessel’’ from the 

definition of ‘‘building, structure, 

facility, or installation.’’ The revised

Federal Register / Vol. 69, No. 140 / Thursday, July 22, 2004 / Rules and Regulations 43753

version that the State adopted on 

October 10, 2001, and that the State has 

submitted for EPA’s approval, deletes 

the ‘‘except the activities of any vessel’’

clause from section 116.12(4). Texas has 

explained that this change will allow 

the inclusion of marine vessel emissions 

in applicability determinations for 

nonattainment permits. 

30 TAC Section 116.160—Prevention 

of Significant Deterioration 

Requirements. The previous State 

version of this section, which is the 

existing SIP-approved version (see 67 

FR 58697, September 18, 2002), 

incorporates by reference the Federal 

Prevention of Significant Deterioration 

(PSD) regulations at 40 CFR 52.21, as 

amended June 3, 1993. Those 

regulations excluded the ‘‘activities of 

any vessel’’ from the definition of 

‘‘building, structure, facility, or 

installation.’’ The revised version that 

the State adopted on October 10, 2001, 

and that the State has submitted for 

EPA’s approval, excludes the CFR 

definition of ‘‘building, structure, 

facility, or installation,’’ because the 

CFR definition includes language 

vacated by the court in Natural 

Resources Defense Council v. EPA, 725 

F.2d 761 (D.C. Cir. 1984) (see discussion 

below under ‘‘Legal Background’’). 

Instead, the revised version of section 

116.160 defines ‘‘building, structure, 

facility, or installation’’ consistent with 

the definition in revised section 116.12, 

discussed above. Texas has explained 

that this change will allow the inclusion 

of marine vessel emissions in 

applicability determinations for PSD 

permits. In addition, the revised section 

116.160 replaces the definition of 

‘‘secondary emissions’’ at 40 CFR 52.21 

with language consistent with the NRDC

decision. 

The revised section 116.160 otherwise 

incorporates the version of the Federal 

PSD air quality regulations promulgated 

at 40 CFR 52.21 in 1996, as well as the 

most recent version of 40 CFR 51.301 

(amended 1999). 

Finally, revised subsections 

116.160(d) and (e) make minor changes 

such as clarifying references to the 

‘‘administrator’’ and ‘‘executive 

director.’’

30 TAC Section 116.162, Evaluation 

of Air Quality Impacts. EPA approved 

the previous State version of this section 

into the SIP on August 19, 1997. 62 FR 

44083. The new version submitted to 

EPA contains only minor typographical 

and citation changes. 

II. What Is the Legal Basis for EPA’s 

Proposed Approval of These State 

Rules? 

Section 110 of the Act requires States 

to develop air pollution regulations and 

control strategies to ensure that State air 

quality meets the National Ambient Air 

Quality Standards. Each State must 

submit these regulations and control 

strategies to us for approval and 

incorporation into the federallyenforceable SIP. In order for State 

regulations to be incorporated into the 

federally-enforceable SIP, States must 

formally adopt these regulations and 

control strategies consistent with State 

and Federal requirements. Section 116 

of the Act provides that the States retain 

the authority to adopt measures no less 

stringent than Federal requirements, 

unless otherwise preempted. 

Once a State adopts a rule, regulation, 

or control strategy, the State may submit 

it to us for inclusion into the SIP in 

accordance with section 110 of the Act. 

We must then decide on an appropriate 

Federal action, provide public notice 

and seek additional comment regarding 

the proposed Federal action on the State 

submission. If we receive relevant 

adverse comments, we must address 

them before taking a final action. We 

did not receive any comments during 

the public comment period on the 

proposed rule. 

Under section 110 of the Act, when 

we approve all State regulations and 

supporting information, those State 

regulations and supporting information 

become a part of the federally approved 

SIP. 

Additional details on the legal basis 

for this final rule may be found in the 

Technical Support Document (TSD) for 

this action. 

III. Have the Requirements for 

Approval of a SIP Revision Been Met? 

Currently, the State of Texas issues 

and enforces PSD permits directly in all 

areas of the State without final approval 

by EPA, with the exception of Indian 

lands and situations where the 

applicability determinations would be 

affected by dockside emissions of 

vessels. As currently approved, Chapter 

116 incorporates the PSD/

Nonattainment (NA) review permitting 

requirements and definitions from the 

vacated 1982 regulations in section 

116.12(4) for NA and section 116.160(a) 

for PSD. 

Final approval of the changes to 

section 116.12 and section 116.160(c) 

will grant full approval of the State’s 

preconstruction permitting SIP for all 

sources, except for those sources located 

on land under the control of Indian 

governing bodies. These changes to 

section 116.12 are not inconsistent with 

the requirements of the Clean Air Act. 

IV. Final Action 

We are approving as a revision to the 

Texas SIP revisions of 30 TAC sections 

116.12, Nonattainment (NA) Review 

Definitions; 116.160, Prevention of 

Significant Deterioration Requirements; 

and section 116.162, Evaluation of Air 

Quality Impacts, which Texas submitted 

on September 16, 2002. 

We are revising 40 CFR 52.2303, 

Significant deterioration of air quality, 

as follows. First, we are removing 

paragraph (d), which retained 

applicable requirements of 40 CFR 52.21 

for new major sources or major 

modifications to existing stationary 

sources for which applicability 

determinations of PSD would be 

affected by dockside emissions of 

vessels. Because the regulations that we 

are approving today enable Texas to 

make PSD applicability determinations 

for such sources, paragraph (d) is no 

longer necessary. Second, we are 

revising and reorganizing paragraph (a) 

to reflect the current information 

concerning Texas’ PSD program and to 

make paragraph (a) easier to understand. 

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

43754 Federal Register / Vol. 69, No. 140 / Thursday, July 22, 2004 / Rules and Regulations 

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 September 20, 

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, 

Hydrocarbons, Intergovernmental 

relations, Lead, Nitrogen oxides, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds.

Dated: July 7, 2004. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6.

■ 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. 7402 et seq.

Subpart SS—Texas

■ 2. The table in § 52.2270(c) entitled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended as follows:

■ a. Under chapter 116, subchapter A, by 

revising the existing entry for section 

116.12;

■ b. Under chapter 116, subchapter B, 

division 6, by revising the existing 

entries for sections 116.160 and 116.162. 

The revised entries read as follows:

§ 52.2270 Identification of plan.

* * * * *

(c) * * *

EPA APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject 

State

approval/submittal 

date 

EPA approval date Explanation 

*******

Chapter 116 (Reg 6)—Control of Air Pollution by Permits for New Construction or Modification

Subchapter A—Definitions

*******

Section 116.12 ....................... Nonattainment Review Definitions ................ 10/10/01 [7/22/04 Insert Federal 

Register page number].

..............................

*******

Subchapter B—New Source Review Permits

Federal Register / Vol. 69, No. 140 / Thursday, July 22, 2004 / Rules and Regulations 43755

EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued

State citation Title/subject 

State

approval/submittal 

date 

EPA approval date Explanation 

*******

Division 6—Prevention of Significant Deterioration Review 

Section 116.160 ..................... Prevention of Significant Deterioration Review Requirements.10/10/01 [7/22/04 Insert Federal 

Register page number].

..............................

*******

Section 116.162 ..................... Evaluation of Air Quality Impacts .................. 10/10/01 [7/22/04 Insert Federal 

Register page number].

..............................

*******

■ 3. Section 52.2303 is amended as 

follows:

■ a. Paragraph (d) is removed.

■ b. Paragraph (a) is revised to read as 

follows:

§ 52.2303 Significant deterioration of air 

quality. 

(a) The plan submitted by Texas is 

approved as meeting the requirements 

of part C, Clean Air Act for preventing 

significant deterioration of air quality. 

The plan consists of the following: 

(1) Prevention of significant 

deterioration plan requirements as 

follows: 

(i) December 11, 1985 (as adopted by 

the Texas Air Control Board (TACB) on 

July 26, 1985). 

(ii) October 26, 1987 (as revised by 

TACB on July 17, 1987). 

(iii) September 29, 1988 (as revised by 

TACB on July 15, 1988). 

(iv) February 18, 1991 (as revised by 

TACB on December 14, 1990). 

(v) May 13, 1992 (as revised by TACB 

on May 8, 1992). 

(vi) August 31, 1993 (as recodified, 

revised and adopted by TACB on 

August 16, 1993). 

(vii) July 12, 1995 (as revised by the 

Texas Natural Resource Conservation 

Commission (TNRCC) on March 1, 

1995) containing revisions to chapter 

116—Control of Air Pollution for New 

Construction or Modification, sections 

116.10, 116.141 and 116.160–116.163. 

(viii) July 22, 1998 (as revised by 

TNRCC on June 17, 1998) containing 

revisions to chapter 116—Control of Air 

Pollution for New Construction or 

Modification, sections 116.160 and 

116.161. 

(ix) September 16, 2002 (as revised by 

TNRCC on October 10, 2001) containing 

revisions to chapter 116—Control of Air 

Pollution for New Construction or 

Modification, sections 116.160 and 

116.162. 

(2) The Prevention of Significant 

Deterioration (PSD) Supplement 

document, submitted October 26, 1987 

(as adopted by TACB on July 17, 1987). 

(3) Revision to General Rules, Rule 

101.20(3), submitted December 11, 1985 

(as adopted by TACB on July 26, 1985).

* * * * *

[FR Doc. 04–16202 Filed 7–21–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300

[FRL–7790–6] 

National Priorities List for Uncontrolled 

Hazardous Waste Sites

AGENCY: Environmental Protection 

Agency.

ACTION: Final rule.

SUMMARY: The Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 1980 

(‘‘CERCLA’’ or ‘‘the Act’’), as amended, 

requires that the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (‘‘NCP’’) include a list 

of national priorities among the known 

releases or threatened releases of 

hazardous substances, pollutants, or 

contaminants throughout the United 

States. The National Priorities List 

(‘‘NPL’’) constitutes this list. The NPL is 

intended primarily to guide the 

Environmental Protection Agency 

(‘‘EPA’’ or ‘‘the Agency’’) in determining 

which sites warrant further 

investigation. These further 

investigations will allow EPA to assess 

the nature and extent of public health 

and environmental risks associated with 

the site and to determine what CERCLAfinanced remedial action(s), if any, may 

be appropriate. This rule adds nine new 

sites to the NPL; all to the General 

Superfund Section of the NPL.

DATES: Effective Date: The effective date 

for this amendment to the NCP is 

August 23, 2004.

ADDRESSES: For addresses for the 

Headquarters and Regional dockets, as 

well as further details on what these 

dockets contain, see section II, 

‘‘Availability of Information to the 

Public’’ in the SUPPLEMENTARY

INFORMATION portion of this preamble.

FOR FURTHER INFORMATION CONTACT:

Yolanda Singer, phone (703) 603–8835, 

State, Tribal and Site Identification 

Branch; Assessment and Remediation 

Division; Office of Superfund 

Remediation and Technology 

Innovation (mail code 5204G); U.S. 

Environmental Protection Agency; 1200 

Pennsylvania Avenue, NW.; 

Washington, DC 20460; or the 

Superfund Hotline, phone (800) 424–

9346 or (703) 412–9810 in the 

Washington, DC, metropolitan area.

SUPPLEMENTARY INFORMATION:

Table of Contents 

I. Background 

A. What are CERCLA and SARA? 

B. What is the NCP? 

C. What is the National Priorities List 

(NPL)? 

D. How are Sites Listed on the NPL? 

E. What Happens to Sites on the NPL? 

F. How are Site Boundaries Defined? 

G. How are Sites Removed from the NPL? 

H. May EPA Delete Portions of Sites From 

the NPL as They Are Cleaned Up? 

I. What is the Construction Completion List 

(CCL)? 

II. Availability of Information to the Public 

A. May I Review the Documents Relevant 

to this Final Rule?