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Federal Register/Vol. 69, No. 163/Tuesday, August 24, 2004/Rules and Regulations

From To MEA

*1,800-MOCA

[FR Doc. 04-19365 Filed 8-23-04; 8:45 am]

BILLING CODE 4910-13-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[AZ 126-0074a; FRL-7789-9]

Revisions to the Arizona State

Implementation Plan, Arizona

Department of Environmental Quality

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing approval of

revisions to the Arizona Department of

Environmental Quality (ADEQ) portion

of the Arizona State Implementation

Plan (SIP). These revisions were

proposed in the Federal Register on

April 22, 2004, and concern opacity

standards related to particulate matter

(PM-10) emissions from industrial

processes. We are approving local rules

that regulate these emission sources

under the Clean Air Act as amended in

1990 (CAA or the Act).

EFFECTIVE DATE: This rule is effective on

September 23, 2004.

ADDRESSES: You can inspect copies of

the administrative record for this action

at EPA's Region IX office during normal

business hours by appointment. You

can inspect copies of the submitted SIP

revisions by appointment at the

following locations:

Environmental Protection Agency, Region

IX, 75 Hawthorne Street, San Francisco,

CA 94105.

Air and Radiation Docket and Information

Center, U.S. Environmental Protection

Agency, (Mail Code 6102T), Room B102, 1301 Constitution Avenue, NW.,

Washington, DC 20460.

Arizona Department of Environmental

Quality, 1110 West Washington Street,

Phoenix, AZ 95007.

A copy of the rules may also be

available via the Internet at http://

www.sosaz.com/public services!

Title 18/18-02.htm. Please be advised

that this is not an EPA Web site and

may not contain the same version of the

rule that was submitted to EPA.

FOR FURTHER INFORMATION CONTACT: Al

Petersen, Rulemaking Office (AIR-4),

U.S. Environmental Protection Agency,

Region IX, (415) 947-4118,

petersen.alfred@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, "we," "us"

and "our" refer to EPA.

I. Proposed Action

On April 22, 2004 (69 FR 21797), EPA

proposed to approve the following rules

into the Arizona SIP.

TABLE 1 .- SUBMITTED RULES

Local agency Rule No. Rule title

ADEQ .............. R18-2-101 (paragraphs 41 and Definitions ["existing source" and "stationary source"] .....

111).

ADEQ .............. R18-2-702 ............................... General Provisions [Visible Em issions] ..............................

We proposed to approve these rules

because we determined that they

complied with the relevant CAA

requirements. Our proposed action

contains more information on the rules

and our evaluation.

II. Public Comments and EPA

Responses

EPA's proposed action provided a 30-

day public comment period. During this

period, we received no comments on the

proposed action.

III. EPA Action

No comments were submitted that

change our assessment that the

submitted rules comply with the

relevant CAA requirements. Therefore,

as authorized in section 110(k)(3) of the

CAA, EPA is fully approving these rules

into the Arizona SIP.

IV. 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

(Pub. L. 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

Submitted

01/16/04

01/16/04

51952
Federal Register/Vol. 69, No. 163/Tuesday, August 24, 2004/Rules and Regulations

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 October 25, 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, Incorporation by

reference, Intergovernmental relations,

Particulate matter, Reporting and

recordkeeping requirements.

Dated: July 8, 2004.

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

adding paragraph (c)(115) to read as

follows:

§ 52.120 Identification of plan.

(c) * * *

(115) Amended regulations were

submitted on January 16, 2004, by the

Governor's designee.

(i) Incorporation by reference.

(A) Arizona Department of

Environmental Quality.

(1) Rule 18-2-101 (Paragraphs 41 and

111), amended on November 15, 1993

and Rule R-18-2-702, amended on

December 26, 2003. * * * * *

[FR Doc. 04-19231 Filed 8-23-04; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[R07-OAR-2004-MO-0002; FRL-7805-1]

Approval and Promulgation of

Implementation Plans; State of

Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is announcing it is

approving a revision to the Missouri

State Implementation Plan (SIP) which

pertains to a state rule and maintenance

plan applicable to the Doe Run Resource

Recycling Lead Facility at Buick,

Missouri. This revision revises certain

furnace production limits at the facility,

which are contained in the state rule

and maintenance plan.

Approval of this revision will ensure

consistency between the state and

federally-approved rules and

maintenance plan, and ensure Federal

enforceability of the revised state rule

and maintenance plan.

DATES: This direct final rule will be

effective October 25, 2004, without

further notice, unless EPA receives

adverse comment by September 23,

2004. If adverse comment is received,

EPA will publish a timely withdrawal of

the direct final rule in the Federal

Register informing the public that the

rule will not take effect.

ADDRESSES: Submit your comments,

identified by Regional Material in

EDocket (RME) ID Number R07-OAR2004-MO-0002, by one of the following

methods:

1. Federal eRulemaking Portal:

http://www.regulations.gov. Follow the

on-line instructions for submitting

comments.

2. Agency Web site: http://

docket.epa.gov/rmepub/. RME, EPA's

electronic public docket and comment

system, is EPA's preferred method for

receiving comments. Once in the

system, select "quick search;" then key

in the appropriate RME Docket

identification number. Follow the online instructions for submitting

comments.

3. E-mail: robinson.judith@epa.gov.

4. Mail: Judith Robinson,

Environmental Protection Agency, Air

Planning and Development Branch, 901

North 5th Street, Kansas City, Kansas

66101.

5. Hand Delivery or Courier: Deliver

your comments to Judith Robinson,

Environmental Protection Agency, Air

Planning and Development Branch, 901

North 5th Street, Kansas City, Kansas

66101.

Instructions: Direct your comments to

RME ID No. R07-OAR-2004-MO-0002.

EPA's policy is that all comments

received will be included in the public

docket without change and may be

made available online at http://

docket.epa.gov/rmepub/, including any

personal information provided, unless

the comment includes information

claimed to be Confidential Business

Information (CBI) or other information

whose disclosure is restricted by statute.

Do not submit information that you

consider to be CBI or otherwise

protected through RME, regulations.gov,

or e-mail. The EPA RME Web site and

the Federal regulations.gov Web site are "anonymous access" systems, which

means EPA will not know your identity

or contact information unless you

provide it in the body of your comment.

If you send an e-mail comment directly

to EPA without going through RME or

regulations.gov, your e-mail address

will be automatically captured and

included as part of the comment that is

placed in the public docket and made

available on the Internet. If you submit

an electronic comment, EPA

recommends that you include your

name and other contact information in

the body of your comment and with any

disk or CD-ROM you submit. If EPA

cannot read your comment due to

technical difficulties and cannot contact

you for clarification, EPA may not be

able to consider your comment.

Electronic files should avoid the use of

51953