# + 2

(,1 1/,1(

Citation: 69 Fed. Reg. 2509 2004

Content downloaded/printed from HeinOnline (http://heinonline.org) Thu Jul 31 18:39:59 2014

-- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License

-- The search text of this PDF is generated from uncorrected OCR text.

### Federal Register/Vol. 69, No. 11/Friday, January 16, 2004

### /Rules and Regulations

District, Bridge Section at (757) 398- 6587.
SUPPLEMENTARY INFORMATION: Currently, the Margate Bridge is required to open

on signal at alltimes. The Margate Bridge is owned and operated by Ole Hansen &Sons ofCologne, NewJersey. The bridge owner has requested a temporary deviation from the operating regulations set out in 33 CFR 117.5.

The workinvolves a complete overhaul ofthe mechanical system and structural repairs ofthe draw span. To facilitate the repairs, the work requires completely immobilizing the operation ofthebascule span in the closed position to vessels from midnight on January 4, 2004, through midnight on February 5, 2004. The Coast Guard has informed the known users ofthe waterway ofthe closure period for the bridge causedby the temporary deviation.

The District Commander has granted temporary deviation from the operating requirements listed in 33 CFR 117.35 for the purpose ofrepair completion ofthe drawbridge. The temporary deviation allows the Margate Bridge across Beach Thorofare, at ICW mile 74.0, toremain closed to navigation from midnight on January 4, 2004, through midnight on February 5, 2004.

Dated: January 9,2004. Waverly W. Gregory, Jr., Chief,Bridge Administration Section,Fifth CoastGuard District. [FRDoc. 04-1056 Filed 1-15-04; 8:45 am]

BILLING CODE 4910-15-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52 [CA 105-CORR FRL-7609-4]

State Implementation Plans; States of Arizona, California, and Nevada; Correction

AGENCY: Environmental Protection Agency (EPA). ACTION: Correcting amendment.

SUMMARY: This action corrects clerical andtypographical errors to regulations codified into the State Implementation Plans for Arizona, California, and Nevada. These errors occurred in final rules published in the Federal Register

over a period oftime from August 21, 1981 toMay 24, 2001. EFFECTIVE DATE: This action is effective

onJanuary 16, 2004.
FOR FURTHER INFORMATION CONTACT: Julie A. Rose, EPA Region IX, (415) 947- 4126, rose.julie@epa.gov. SUPPLEMENTARY INFORMATION: On August 21, 1981 (46FR 42450), April 16, 1982 (47 FR 16327), May 7, 1982 (47FR 19694), June 23, 1982 (47FR 27068), March 27, 1984 (49FR 11626), October 19, 1984 (49FR 42450), October 26, 1992 (57 FR 48457), April 3, 1995 (60 FR 16799), June 27, 1997 (62 FR 34641), December 3, 1998 (63 FR 66758), August 19, 1999 (64 FR 45175), May 26, 2000 (65 FR 34101), August 4, 2000 (65 FR 47863), September 13, 2000 (65 FR 55193), September 19, 2000 (65 FR 56486), andMay 24, 2001 (66 FR 28666), EPA published final rulemaking actions approving various sections of Arizona, California, andNevada State Implementation Plans (SIP). These actions incorporated material by reference into 40 CFR 52.120, Identification ofplan for Arizona, 40 CFR 52.220, Identification ofplan for California, and40 CFR 52.1470, Identification ofplan for Nevada. The various clerical andtypographical errors occurred when the material was incorporated byreference into the Code ofFederal Regulations (CFR). All ofthe

errors are being corrected bythis action. An explanation ofeach correction is listed belowby State and date of publication.

Arizona

OnJune 27, 1997 at 62 FR 3464, EPA published afinal rulemaking deleting certainrules from the SIP. The codified language for §52.120, paragraph (c)(3)(i) referenced an incorrect date. The correct date is being inserted in this action.

OnApril 16, 1982 at47 FR 16326, EPA published a final rulemaking approving Pima County Department of Environmental Quality rules into the SIP. During the printing ofthe CFR from the year 1992 to 1993, the Government Printing Office inadvertently omitted
two lines ofcodified rules from §52.120, paragraph (c)(38)(i)(A). This action correctly replaces the approved rules. On October 19, 1984 at 49 FR 41026, EPA published a final rule approving certainrules into the Arizona SIP. The codified language at §52.120, paragraph (c)(56)(i)(A) contained two typographical errors, one for Rule R9-3- 515 and the otherfor Appendix 11. These typographical errors arebeing corrected inthis action.

California

OnAugust 19, 1999 at 64 FR 45175, EPA published a direct final rule approving therecission ofrules from the Mojave DesertAir Quality Management District. The codified language for §52.220, paragraph (c)(39)(ii)(G) referenced an incorrect date. The correct date isbeing inserted in this action.

On August 21, 1981 at 46 FR42450, EPApublished a final rulemaking approving the SanJoaquin Valley Air Basin Nonattainment AreaPlan (SJVABNAP). On May 7, 1982 at 47 FR 19694, EPApublished an additional final rulemaking on the SJVABNAP. Bothrulemakings added language to §52.220, paragraph (c)(71), creating duplicate paragraphs. This action combines and revises the language for (c)(71).

OnJune 23, 1982 at 47 FR 27068, EPA published afinal rulemaking approving PlacerCounty Air Pollution Control Districtrules. The rules were improperly codified in §52.220 because paragraph (c)(80)(i)(B) already existed. This action eliminates the duplicate paragraphs by renumbering the June 23, 1982 entry from to (B) to (E).

On October 26, 1992 at 57 FR 48457, EPApublished a final rulemaking approving South Coast Air Quality Management District rules. The rules

were codified in §52.220, paragraph (c)(184)(i)(B)(2), creating duplicate paragraphs. This action eliminates the duplicate paragraphs by renumbering that entry from to (2)to (10).

On April 3, 1995 at 60 FR 16799, EPA published a direct final rule approving Bay AreaAir Quality Management Districtrules. The codified language at §52.220, paragraph (c)(202)(i)(A) incorrectly lists the entire Rule 2-1. The April 3, 1995 Federal Register clearly
states that only Section 429 ofRule 2.1 isbeing approved. This action corrects the entry for paragraph (c)(202)(i)(A) to read Rule 2-1-249.

OnJune 27, 1997 at 62 FR 34641, EPA published afinal rule deleting certain rules fromthe California SIP. The codified language for Ventura County AirPollution Control District at §52.220, paragraph (c)(35)(iii)(C) and paragraph (c)(51)(xx)(B) contained typographical errors. The typographical

errors are being corrected in this action.

On December 3, 1998 at 63 FR 66758, EPApublished a final rule approving Santa Barbara County Air Pollution Control rules. The codified language at §52.220, paragraph (c)(225)(i)(F) was inadvertently omitted. The action correctly adds Santa Barbara Air Pollution Control District toparagraph (c)(225)(i)(F).

On May 26, 2000 at 65 FR 34101, EPA published afinal rule approving Bay AreaAir Quality Management District rules. The codified language at §52.220, paragraph (c)(248)(i)(F) was inadvertently omitted. The action correctly adds Bay AreaAir Quality 

### 2509

### Federal Register/Vol. 69, No. 11/Friday, January 16, 2004

### /Rules and Regulations

Management District toparagraph (c)(248)(i)(F).

On December 19, 2000 at 65 FR 79314, EPA published a Final Interim Approval ofan Operating Permits Program for the Antelope Valley Air Pollution Control District (AVAPCD). The Final Interim Approval created amendments to §52.220, paragraph (c)(262)(i)(E)(1), which expired on January 11, 2003. OnMay 24, 2001 at 66 FR 28666, EPApublished a direct final rule approving AVAPCD Rule 1171. The amendments to §52.220, paragraph (c)(262)(i)(E)(2) were not codified into the CFR. This action codifies Rule 1171 andrenumbers the paragraph in §52.220, to paragraph (c)(262)(i)(E)(1) because theprevious entry has expired.

On August 4, 2000 at 65 FR 47863, EPA published a final rule correcting an amendment tothe Sacramento Metropolitan Air Quality Management District Rule 464 at §52.220, paragraph (c)(263)(i)(C)(1). Because ofinaccurate amendatory instruction, the paragraph

was not corrected. This action corrects the entry for §52.220, paragraph (c)(263)(i)(C)(1).

On September 13, 2000 at 65 FR 55193, EPA published a final rule approving San Joaquin Valley Unified Air Pollution Control District Rule 4653. Rule 4653 was erroneously codified in §52.220, paragraph (c)(266)(i)(B)(2) in lieu of (c)(266)(i)(13)(1). This action
corrects the codification.

On September 19, 2000 at 65 FR 56486, EPA published a final rule approving Tehama County Air Pollution Control District rules. A typographical

error was inadvertently added to the entry for §52.220, paragraph (c)(263)(i)(D)(1). This action will correct the typographical error.
Nevada

On March 27, 1984 at 49 FR 11628, EPA published a final rule approving Nevada State Department of Conservation and Natural Resources rules. Several typographical errors occurred during the transfer ofthe information from the Federal Register action to the CFR. This action will
correct the typographical errors in §52.1470, paragraph (c)(25)(i)(A). Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October4, 1993), this action is
not a "significant regulatory action" and is therefore not subject toreview by the Office ofManagement and Budget. In addition,this action does not impose
any enforceable duty or contain any unfunded mandate as described in the Unfunded Mandates Reform Act of 1995 (Pub.L. 104-4), or require prior consultation with State officials as specified by Executive Order 12875 (58 FR 58093, October 28, 1993), orinvolve special consideration ofenvironmental justice related issues asrequired by Executive Order 12898 (59 FR 7629, February 16, 1994).

Because this action is not subject to notice-and-comment requirements under the Administrative Procedure Act

or any other statute, it is not subject to the provisions ofthe Regulatory Flexibility Act (5U.S.C. 601 etseq.).

Under 5U.S.C. 801(a)(1)(A) as added by the Small Business Regulatory Enforcement Fairness Act of1996, EPA submitted areport containing this rule and otherrequired information to the U.S. Senate, the U.S. House of Representatives and the Comptroller General ofthe General Accounting Office prior to publication ofthis rule in today's Federal Register. This rule is
not a "major rule" as defined by 5 U.S.C. 804(2).

List ofSubjects in 40 CFRPart 52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

Dated: December 12, 2003. Wayne Nastri, RegionalAdministrator, RegionIX. * Part 52, chapter I,title40 ofthe Code ofFederal Regulations is amended as follows:

PART 52-[AMENDED]

m 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:


### ma. Revising paragraph (c)(3)(i)(A); revising paragraph (c)(38)(i)(A); and revising paragraph (c)(56)(i)(A) toread as follows:
§52.120 Identification of plan.

* * * * *

(c) * * * (3) * * * 

### (i) * * * (A)Previously approved on July 27, 1972 and now deleted without replacement Rules 60 to 67.

* * * * *

(38) * * * 

### (i) * * * (A)New or amended Regulation 10: Rules 101-103; Regulation 11: Rules 111-113; Regulation 12: Rules 121-123; Regulation 13: Rules 131-137; Regulation 14: Rules 141 and 143-147; Regulation 15: Rule 151; Regulation 16: Rules 161-165; Regulation 17: Rules 172-174; Regulation 18: Rules 181 and 182; Regulation 20: Rules 201-205; Regulation 22: Rules 221-226; Regulation 23: Rules 231-232; Regulation 24: Rules 241 and 243-248; Regulation 25: Rules 251 and 252; Regulation 30: Rules 301 and 302; Regulation 31: Rules 312-316 and 318; Regulation 32: Rule 321; Regulation 33: Rules 331 and 332; Regulation 34: Rules 341-344; Regulation 40: Rules 402 and 403; Regulation 41:Rules 411-413; Regulation 50: Rules 501-503 and 505- 507; Regulation 51: Rules 511 and 512; Regulation 60: Rule 601; Regulation 61: Rule 611 (Paragraph A.1 to A.3) and Rule 612; Regulation 62: Rules 621-624; Regulation 63: Rule 631; Regulation 64: Rule 641; Regulation 70: Rules 701-705 and 706 (Paragraphs Ato C, D.3, D.4, and E); Regulation 71: Rules 711-714; Regulation 72: Rules 721 and 722; Regulation 80: Rules 801-804; Regulation 81: Rule 811; Regulation 82: Rules 821-823; Regulation 90: Rules 901-904; Regulation 91: Rules 911 (except Methods 13-A, 13-B, 14, and 15; and Rules 912, and 913; Regulation 92: Rules 921-924; and Regulation 93: Rules 931 and 932.

(56)* * * 

### (i) * * * (A)New or amended rules R9-101 (Nos. 98 and 158), R9-3-201 to R9-3- 207,R9-3-215,R9-3-218,R9-3-310, R9-3-322,R9-3-402,R9-3-404,R9-3- 502, R9-3-515 (paragraph C.3., C.5., and C.6.b.v.), R9-3-529, R9-3-1101, and Appendices 1 and 11.

• * * * *
Subpart F-California

* 3. Section 52.220 is amendedby: * a. Revising paragraph (c)(35)(iii)(C); * b.Revising paragraph (c)(39)(ii)(G);



### mc. Revising paragraph (c)(51)(xx)(B); * d. Removing both paragraphs for (c)(71) introductory text and adding a

new paragraph (c)(71) introductory text;

me. Redesignating paragraph (c)(80)(i)(B)(which was added on June 23, 1982 at 47 FR 27068) as paragraph (c)(80)(i)(E) and revising newly designated paragraph (c)(80)(i)(E); * f.Redesignating paragraph (c)(184)(i)(B)(2) (which was added on October 26, 1992 at 57 FR 48459) as paragraph (c)(184)(i)(B)(10); * g. Revising paragraph (c)(202)(i)(A)(1); * h.Adding paragraph (c)(225)(i)(F); * i.Adding paragraph (c)(248)(i)(F); 

### *j.Adding paragraph (c)(262)(i)(E); 

### 2510

### Federal Register/Vol. 69, No. 11/Friday, January 16, 2004

### /Rules and Regulations

* k.Redesignating paragraph (c)(263)(i)(C)(2) (whichwas added on April 19, 2000 at65 FR 20912) as paragraph (c)(202)(i)(C)(1) * 1.Revisingparagraph (c)(263)(i)(D)(1); and

mm. Redesignating paragraph (c)(266)(i)(B)(2) (whichwas added on September 13, 2000 at65 FR 55196) as paragraph (c)(266)(i)(B)(1).

The revisions and additions read as follows: 

### §52.220 Identification of plan.

* * * * *

(c) * * * (35) * * * (iii) * * * (C) Previously approved on August 15, 1977 and now deleted without replacement Rules 115 to 119, 122, and 128 to 129.

(39) * * * (ii) * * * (G)Previously approved on September 8, 1978 and now deleted without replacement Rules 466 and 467.

* * * * *

(51) * * * (xx) * * * (B) Previously approved onJune 18, 1982 and now deleted without replacement Rules 40, 110 to 114, 120
to 121, 123 to 126, and 130.

* * * * *

(71) The SanJoaquinValleyAirBasin ControlStrategy(Chapter16 ofthe ComprehensiveRevisions to theState of California ImplementationPlan forthe AttainmentandMaintenanceof AmbientAir QualityStandards) submitted onOctober 11, 1979, by the Governor's designee. Those portions of the SanJoaquinValleyAirBasin ControlStrategyidentified by Tables 16-1a, lb and ic (Summary ofPlan Compliance with Clean Air Act Requirements) except for those portions which pertain to Fresno County andthe six transportation control measures for Stanislaus County, comprise the submittedplan. The remaining portions

are for informational purposes only. The following rules were also submitted on October 11, 1979 as part ofthe enforceable plan:

* * * * *

(80) * * * 

### (i)* * * (E) New or amended Rules 212, 213, 508 (except Paragraph (1)(C)(3)(h), and 514.

(202) * * * 

### (i)* * * (A) ** * 

### (1)Rule 2-1-249, adopted onJune 15, 1994.

* * * * *

(225) * * * 

### (i) * * * (F) Santa Barbara County Air Pollution Control District.

* * * * *

(248) * * * 

### (i) * * * (F)Bay Area Air Quality Management District.

* * * * *

(262) * * * 

### (i) * * * (E) Antelope Valley Air Pollution Control District.

(1)Rule 1171, adopted onNovember 17, 1998.

* * * * *

(263) * * * 

### (i) * * *

(C) * * * (1)Rule 464, adopted onJuly 23, 1998.

(D) * * * (1)Rule 4:31 adopted onMarch 14, 1995, Rule 4:34 adopted on June 3, 1997, andRule 4.37 adopted on April 21, 1998.

* * * * *

* 4. Section 52.1470 is amendedby revising paragraph (c)(25)(i)(A) toread as follows:
§52.1470 Identification of plan.

* * * * *

(c) * * * (25) * * * 

### (i) * * * (A)New or amended sections 445.430-445.437, 445.439-445.447, 445.451, 445.453-445.472, 445.474- 445.477, 445.480-445.504, 445.509- 445.519, 445.522-445.537, 445.539, 445.542-445.544,445.546-445.549, 445.551, 445.552, 445.554-445.568, 445.570, 445.572-445.587, 445.589- 445.605, 445.608-445.612, 445.614- 445.622, 445.624, 445.626, 445.627, 445.629-445.655, 445.660, 445.662- 445.667, 445.682, 445.685-445.700, 445.704-445.707,445.712-445.716, 445.721, 445.723, 445.729-445.732, 445.734, 445.742, 445.743, 445.746, 445.753, 445.754, 445.764, 445.844, and 445.845.

* * * * *
[FR Doc. 04-557 Filed 1-15-04; 8:45 am]

BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 70 [CA 111-OPPa; FRL-7611-2]

Clean Air Act Full Approval ofthe Title V Operating Permit Program for Antelope Valley Air PollutionControl Districtin California

AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule.

SUMMARY: EPA istaking direct final action to fully approve the operating permit program submittedby the California Air Resources Board (CARB)

onbehalf ofAntelope Valley Air Pollution Control District (Antelope Valley APCD or the District). The operating permit program was submitted in response to the directive in the 1990 CleanAir Act (CAA) Amendments that permitting authorities develop, and submitto EPA, programs for issuing operating permits to all major stationary sources and to certain other sources within the permitting authority's jurisdiction.EPA granted final interim approval to the District's operating permit program on December 19, 2000 (65FR 79314). Ofthe three deficiencies noted by EPA, two were corrected by Antelope Valley APCD in

a timely manner. The third deficiency

was resolved on September 22, 2003, when the Governor ofCalifornia signed SB 700, revising State lawby removing the agricultural permitting exemption. Though interim approval ofthe District's operating permit program expired onJanuary 21, 2003, and EPA consequently implemented a federal operating permit program for Antelope Valley APCD, all three deficiencies are

nowresolved. Therefore, EPA is approving the District's operating permit program. DATES: This operating permit program is effective on March 16, 2004, without further notice, unless EPA receives adverse comments by February 17, 2004. Ifwe receive such comment, we will publish atimely withdrawal in the Federal Register to notify the public thatthese revisions will not take effect. ADDRESSES: Written comments on this action may be submitted either bymail

or electronically. By mail, comments shouldbe addressed to Gerardo Rios, Permits Office Chief,Air Division (AIR3), EPARegion IX, 75 Hawthorne Street, San Francisco, California, 94105. Electronically, comments should be sent by e-mail to rios.gerardo@epa.gov, or submitted athttp:// www.regulations.gov. 

### 2511