Federal Register / Vol. 69, No. 11 / Friday, January 16, 2004 / Rules and Regulations 2511

■ 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)

■ l. Revising paragraph (c)(263)(i)(D)(1); 

and

■ 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, 1b and 1c (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 (AIR–

3), 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.

2512 Federal Register / Vol. 69, No. 11 / Friday, January 16, 2004 / Rules and Regulations 

You can inspect copies of the program 

submittals, and other supporting 

documentation relevant to this action, at 

our Region IX office during normal 

business hours by appointment.

FOR FURTHER INFORMATION CONTACT:

Gerardo Rios, EPA Region IX, at (415) 

972–3974 or rios.gerardo@epa.gov.

SUPPLEMENTARY INFORMATION:

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

or ‘‘our’’ means EPA.

Table of Contents 

I. Background 

II. Description of Today’s Action 

III. Effect of Today’s Action 

IV. Public Comment and Final Action 

V. Statutory and Executive Order Reviews

I. Background 

Title V of the Clean Air Act (CAA or 

Act) required all state permitting 

authorities to develop operating permit 

programs that met certain federal 

criteria codified at 40 Code of Federal 

Regulations (CFR) part 70. On December 

19, 2000, EPA granted final interim 

approval of Antelope Valley APCD’s 

title V operating permit program. The 

District resolved two of the three 

deficiencies in a timely manner 

(submittal dates of October 22, 2001, 

and June 17, 2002). However, because 

the third deficiency involved EPA’s 

finding that the State’s agricultural 

permitting exemption at Health and 

Safety Code Section 42310(e) unduly 

restricted the District’s ability to 

adequately administer and enforce its 

title V program, Antelope Valley APCD 

was not able to resolve all deficiencies 

prior to the expiration of interim 

approval on January 21, 2003. As a 

result, EPA began implementation of the 

part 71 program for all major stationary 

sources in Antelope Valley APCD, 

effective January 21, 2003. The three 

program deficiencies are described in 

detail in the proposed rulemaking for 

interim approval of the District’s title V 

program. See 65 FR 17231 (March 31, 

2000). 

II. Description of Today’s Action 

We are taking direct final action to 

approve the operating permit program of 

Antelope Valley APCD. As stated in the 

proposed rulemaking for interim 

approval of the District’s title V 

program, two of the three deficiencies 

noted by EPA involved District rules: 

Rule 3006—Reopening, Reissuance, and 

Termination of Federal Operating 

Permits; and Rule 219—Equipment Not 

Requiring a Permit. For Rule 3006, a 

reference to Rule 3002(E)(2)(b) simply 

needed to be changed to Rule 

3002(E)(2). For Rule 219, the 

insignificant activity emission cutoff for 

a regulated pollutant that is not a HAP 

needed to be reduced to 2 tons/yr. The 

required revisions were made to these 

two rules and submitted to EPA. Thus, 

these two deficiencies have been 

resolved. 

The third deficiency involved 

California State law. Health and Safety 

Code Section 42310(e) contained an 

agricultural permitting exemption 

which unduly restricted the District’s 

ability to adequately administer and 

enforce its title V program. On 

September 22, 2003, the Governor of 

California signed SB 700, which revised 

State law to remove the agricultural 

permitting exemption. Furthermore, we 

have received a legal opinion from the 

California Attorney General that 

confirms that the elimination of the 

agricultural permitting exemption from 

State law provides all local districts 

with authority to issue title V permits to 

major stationary agricultural sources. 

Therefore, the third deficiency has also 

been resolved. 

A complete listing of each deficiency, 

as well as resolution of the deficiency, 

is contained in the technical support 

document which is a part of the docket 

for this action and which is available 

from the EPA contact (see FOR FURTHER

INFORMATION CONTACT section). 

III. Effect of Today’s Action 

Today’s action would result in 

Antelope Valley APCD having a title V 

program that requires all major 

stationary sources, including major 

stationary agricultural sources, to obtain 

title V operating permits. It would also 

terminate EPA’s implementation of a 

part 71 federal operating permit 

program within Antelope Valley APCD. 

Following final interim approval of 

the District’s title V program, since the 

District was not able to submit a 

complete corrective program for full 

approval by July 21, 2002, EPA started 

an 18-month sanctions clock pursuant 

to CAA section 179(b), 40 CFR 

70.10(a)(ii), and 40 CFR 70.4(f)(2). This 

sanctions clock was to expire on January 

21, 2004. Today’s action would 

terminate this sanctions clock.

IV. Public Comment and Final Action 

EPA is fully approving the District’s 

title V operating permits program 

because we believe it is consistent with 

Title V of the Clean Air Act and 40 CFR 

part 70. We are processing this action as 

a direct final action because the 

revisions made to the program to resolve 

the interim approval deficiencies are 

noncontroversial. Therefore, we do not 

think anyone will object to this 

approval. However, in the Proposed 

Rules section of this Federal Register,

we are simultaneously proposing 

approval of this same operating permit 

program. If we receive adverse 

comments by February 17, 2004, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on March 16, 

2004. Please note that if we receive 

adverse comment on an amendment, 

paragraph, or section of this program 

and if that provision may be severed 

from the remainder of the program, we 

may adopt as final those provisions of 

the program that are not the subject of 

an adverse comment. 

V. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this final 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 final action merely 

proposes to approve state law as 

meeting Federal requirements and 

imposes no additional requirements 

beyond those imposed by state law. 

Accordingly, the Administrator certifies 

that this final 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 

proposes to approve 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 final 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 

Federal Register / Vol. 69, No. 11 / Friday, January 16, 2004 / Rules and Regulations 2513

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 

proposes to approve an existing 

requirement under state law, and does 

not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. This final 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 revisions to state 

operating permit programs submitted 

pursuant to Title V of the CAA, EPA 

will approve such revisions provided 

that they meet the criteria of the Clean 

Air Act and EPA’s regulations codified 

at 40 CFR part 70. 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 part 70 program revision 

for failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a part 70 program 

revision, to use VCS in place of a part 

70 program revision 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 

final 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.).

List of Subjects in 40 CFR Part 70

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Operating permits, Reporting 

and recordkeeping requirements.

Dated: January 6, 2004. 

Wayne Nastri, 

Regional Administrator, Region IX.

■ 40 CFR part 70, chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows:

PART 70—[AMENDED]

■ 1. The authority citation for part 70 

continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

■ 2. Appendix A to part 70 is amended 

by adding paragraph (ii) under California 

to read as follows:

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs

* * * * *

California

* * * * *

(ii) Antelope Valley APCD: 

(1) Complete submittal received on January 

26, 1999; interim approval effective January 

18, 2001; interim approval expires January 

21, 2003. 

(2) Revisions were submitted on October 

22, 2001 and June 17, 2002. Due to 

unresolved deficiency of state-exempt major 

stationary agricultural sources, interim 

approval expired for all major stationary 

sources, effective January 21, 2003. 

(3) Revision submitted on November 7, 

2003 containing program for major stationary 

agricultural sources, effective on January 1, 

2004.

* * * * *

[FR Doc. 04–1040 Filed 1–15–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Part 1310

RIN 0970–AC16

Head Start Program

AGENCY: Administration on Children, 

Youth and Families (ACYF), 

Administration for Children and 

Families (ACF), DHHS.

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This interim final rule will 

extend for 150 days those parts of the 

Head Start transportation regulation that 

deal with the requirement that each 

vehicle used to transport children is 

equipped for use of child safety restraint 

systems and the requirement that each 

bus have a bus monitor. Additionally, 

these rules will provide Head Start 

grantees the opportunity to request 

further extension of the effective date 

when such an extension is in the best 

interest of the children they serve.

DATES: These regulations are effective 

February 17, 2004. In providing this 30 

day delay of the effective date, ACF is 

complying with section 644(d) of the 

Head Start Act which requires that at 

least 30 days prior to the effective date, 

all rules, regulation, and application 

forms shall be published in the Federal 

Register and shall be sent to each 

grantee with the notification that each 

such grantee has the right to submit 

comments prior to the final adoption 

thereof as well as the relevant 

requirements of the Administrative 

Procedures Act by publishing the notice 

of the interim final regulations in the 

Federal Register as well as mailing 

copies to individual grantees. 

Consideration will be given to 

comments received by March 16, 2004.

ADDRESSES: You may submit your 

comments in writing to the Associate 

Commissioner, Head Start Bureau, 330 

C Street, SW., Washington, DC 20447. 

Comments will be available for public 

inspection Monday through Friday 8:30 

a.m. to 5 p.m. at the Department’s 

offices at the above address. You may 

also transmit written comments 

electronically via the Internet at: 

http://regulations.acf.hhs.gov.

FOR FURTHER INFORMATION CONTACT:

Craig Turner, (202) 205–8572.

SUPPLEMENTARY INFORMATION:

Justification for Interim Final Rule 

The Administrative Procedure Act 

requirements for notice of proposed 

rulemaking (NPRM) do not apply to 

rules when the agency for good cause 

finds, and incorporates the finding, and 

a brief statement of the reasons therefore 

in the rules issued, that notice thereon 

is impracticable, unnecessary or 

contrary to the public interest. The 

Department believes that amending 

certain provisions of the Head Start 

transportation regulations under 45 CFR 

part 1310, before their current effective 

date of January 20, 2004 is of such 

importance, that publishing a notice of 

proposed rulemaking would be contrary 

to the public interest. 

Since the publication of 45 CFR part 

1310, the Department has been informed 

of what we believe to be significant 

issues which, if not addressed, could 

result in many children being denied 

transportation services to and from their 

Head Start program and many grantees 

being cited with deficiencies which 

could lead to the termination of their 

Head Start grants. Furthermore, the 

Department is now aware of several new 

factors which have only come to the 

Department’s attention since 

promulgation of the final rule and 

believes these factors warrant 

reconsideration of some of the 

requirements of this regulation. 

Many Head Start programs operate 

coordinated transportation programs in 

which they arrange for other agencies to 

provide transportation services, often at 

reduced or no cost to the program. In 

addition, many Head Start grantees that 

are local school systems provide, using 

the school system’s resources, free 

transportation to Head Start children. It 

has come to the Department’s attention