+(,121/,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 all times. The Margate

Bridge is owned and operated by Ole

Hansen & Sons of Cologne, New Jersey.

The bridge owner has requested a

temporary deviation from the operating

regulations set out in 33 CFR 117.5.

The work involves a complete

overhaul of the mechanical system and

structural repairs of the draw span. To

facilitate the repairs, the work requires

completely immobilizing the operation

of the bascule 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 of the

waterway of the closure period for the

bridge caused by the temporary

deviation.

The District Commander has granted

temporary deviation from the operating

requirements listed in 33 CFR 117.35 for

the purpose of repair completion of the

drawbridge. The temporary deviation

allows the Margate Bridge across Beach

Thorofare, at ICW mile 74.0, to remain

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

Coast Guard District.

[FR Doc. 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

and typographical 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 of time from August 21,

1981 to May 24, 2001.

EFFECTIVE DATE: This action is effective

on January 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 (46 FR 42450), April 16, 1982

(47 FR 16327), May 7, 1982 (47 FR

19694), June 23, 1982 (47 FR 27068),

March 27, 1984 (49 FR 11626), October

19, 1984 (49 FR 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), and May 24, 2001 (66 FR

28666), EPA published final rulemaking

actions approving various sections of

Arizona, California, and Nevada State

Implementation Plans (SIP). These

actions incorporated material by

reference into 40 CFR 52.120,

Identification of plan for Arizona, 40

CFR 52.220, Identification of plan for

California, and 40 CFR 52.1470,

Identification of plan for Nevada. The

various clerical and typographical errors

occurred when the material was

incorporated by reference into the Code

of Federal Regulations (CFR). All of the

errors are being corrected by this action.

An explanation of each correction is

listed below by State and date of

publication.

Arizona

On June 27, 1997 at 62 FR 3464, EPA

published a final rulemaking deleting

certain rules 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.

On April 16, 1982 at 47 FR 16326,

EPA published a final rulemaking

approving Pima County Department of

Environmental Quality rules into the

SIP. During the printing of the CFR from

the year 1992 to 1993, the Government

Printing Office inadvertently omitted

two lines of codified 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

certain rules 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 other for Appendix 11.

These typographical errors are being

corrected in this action.

California

On August 19, 1999 at 64 FR 45175,

EPA published a direct final rule

approving the recission of rules from the

Mojave Desert Air Quality Management

District. The codified language for

§ 52.220, paragraph (c)(39)(ii)(G)

referenced an incorrect date. The correct

date is being inserted in this action.

On August 21, 1981 at 46 FR 42450,

EPA published a final rulemaking

approving the San Joaquin Valley Air

Basin Nonattainment Area Plan

(SJVABNAP). On May 7, 1982 at 47 FR

19694, EPA published an additional

final rulemaking on the SJVABNAP.

Both rulemakings added language to

§ 52.220, paragraph (c)(71), creating

duplicate paragraphs. This action

combines and revises the language for

(c)(71).

On June 23, 1982 at 47 FR 27068, EPA

published a final rulemaking approving

Placer County Air Pollution Control

District rules. 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,

EPA published 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 Area Air Quality Management

District rules. 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 of Rule 2.1

is being approved. This action corrects

the entry for paragraph (c)(202)(i)(A) to

read Rule 2-1-249.

On June 27, 1997 at 62 FR 34641, EPA

published a final rule deleting certain

rules from the California SIP. The

codified language for Ventura County

Air Pollution 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,

EPA published 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 to paragraph

(c)(225)(i)(F).

On May 26, 2000 at 65 FR 34101, EPA

published a final rule approving Bay

Area Air Quality Management District

rules. The codified language at § 52.220,

paragraph (c)(248)(i)(F) was

inadvertently omitted. The action

correctly adds Bay Area Air Quality

2509
Federal Register/Vol. 69, No. 11/Friday, January 16, 2004 / Rules and Regulations

Management District to paragraph

(c)(248)(i)(F).

On December 19, 2000 at 65 FR

79314, EPA published a Final Interim

Approval of an 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. On May 24, 2001 at

66 FR 28666, EPA published 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 and renumbers the

paragraph in § 52.220, to paragraph

(c)(262)(i)(E)(1) because the previous

entry has expired.

On August 4, 2000 at 65 FR 47863,

EPA published a final rule correcting an

amendment to the Sacramento

Metropolitan Air Quality Management

District Rule 464 at § 52.220, paragraph

(c)(263)(i)(C)(1). Because of inaccurate

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 of the

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, October 4, 1993), this action is

not a "significant regulatory action" and

is therefore not subject to review by the

Office of Management 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), or involve

special consideration of environmental

justice related issues as required 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 of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.).

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of this rule in

today's Federal Register. This rule is

not a "major rule" as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 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,

Regional Administrator, Region IX.

* Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52-[AMENDED]

m 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:

m a. Revising paragraph (c)(3)(i)(A);

revising paragraph (c)(38)(i)(A); and

revising paragraph (c)(56)(i)(A) to read 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 A to 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;

m e. 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) (which was added on

April 19, 2000 at 65 FR 20912) as

paragraph (c)(202)(i)(C)(1)

* 1. Revising paragraph (c)(263)(i)(D)(1);

and

m m. Redesignating paragraph

(c)(266)(i)(B)(2) (which was added on

September 13, 2000 at 65 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 on June 18,

1982 and now deleted without

replacement Rules 40, 110 to 114, 120

to 121, 123 to 126, and 130. * * * * *

(71) The San Joaquin Valley Air Basin

Control Strategy (Chapter 16 of the

Comprehensive Revisions to the State of

California Implementation Plan for the

Attainment and Maintenance of

Ambient Air Quality Standards)

submitted on October 11, 1979, by the

Governor's designee. Those portions of

the San Joaquin Valley Air Basin

Control Strategy identified by Tables

16-1a, lb and ic (Summary of Plan

Compliance with Clean Air Act

Requirements) except for those portions

which pertain to Fresno County and the

six transportation control measures for

Stanislaus County, comprise the

submitted plan. The remaining portions

are for informational purposes only. The

following rules were also submitted on

October 11, 1979 as part of the

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 on June 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 on November

17, 1998. * * * * *

(263) * * *

(i) * * *

(C) * * *

(1) Rule 464, adopted on July 23,

1998.

(D) * * *

(1) Rule 4:31 adopted on March 14,

1995, Rule 4:34 adopted on June 3,

1997, and Rule 4.37 adopted on April

21, 1998. * * * * *

* 4. Section 52.1470 is amended by

revising paragraph (c)(25)(i)(A) to read 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 of the Title

V Operating Permit Program for

Antelope Valley Air Pollution Control

District in California

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action to fully approve the operating

permit program submitted by the

California Air Resources Board (CARB)

on behalf of Antelope 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 Clean Air Act (CAA)

Amendments that permitting authorities

develop, and submit to 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 (65 FR 79314). Of the 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 of California signed

SB 700, revising State law by removing

the agricultural permitting exemption.

Though interim approval of the

District's operating permit program

expired on January 21, 2003, and EPA

consequently implemented a federal

operating permit program for Antelope

Valley APCD, all three deficiencies are

now resolved. 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. If we receive such comment, we

will publish a timely withdrawal in the

Federal Register to notify the public

that these revisions will not take effect.

ADDRESSES: Written comments on this

action may be submitted either by mail

or electronically. By mail, comments

should be addressed to Gerardo Rios,

Permits Office Chief, Air Division (AIR3), EPA Region IX, 75 Hawthorne Street,

San Francisco, California, 94105.

Electronically, comments should be sent

by e-mail to rios.gerardo@epa.gov, or

submitted at http://

www.regulations.gov.

2511