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Citation: 69 Fed. Reg. 51952 2004

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

Revisionstothe 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 ofthe 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 orthe Act). EFFECTIVE DATE: This rule is effective on September 23, 2004.
ADDRESSES: You caninspect copies of the administrative record for this action atEPA's Region IX office during normal business hours by appointment. You

caninspect copies ofthe submitted SIP revisions by appointment atthe following locations:

Environmental Protection Agency, Region

IX, 75Hawthorne Street, San Francisco, CA 94105. Air and Radiation Docket and Information

Center, U.S. Environmental Protection Agency, (MailCode 6102T), Room B102, 1301 Constitution Avenue, NW., Washington, DC 20460. ArizonaDepartment ofEnvironmental Quality, 1110 WestWashington Street, Phoenix,AZ 95007.
A copy ofthe rules may also be available via the Internet athttp:// www.sosaz.com/public services! Title 18/18-02.htm.Please be advised thatthis is not an EPA Web site and may not contain the same version ofthe 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 Emissions]

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

We proposed to approve these rules because we determined thatthey complied with the relevant CAA requirements. Our proposed action contains more information on therules and our evaluation. II. Public Comments andEPA Responses

EPA's proposed action provided a 30- day public comment period. During this period, we received no comments on the proposed action.
III. EPAAction

No comments were submitted that change our assessment thatthe submittedrules comply with the relevant CAA requirements. Therefore,

as authorized in section 110(k)(3) ofthe CAA, EPA isfully approving these rules into the Arizona SIP.
IV. Statutory andExecutive Order Reviews

Under Executive Order 12866 (58 FR 51735, October4, 1993), this action is not a "significant regulatory action" and therefore isnot subject toreview by the Office ofManagement and Budget. For this reason, this action is also not subject to Executive Order 13211, "Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, orUse" (66 FR 28355, May 22, 2001). This actionmerely approves state law asmeeting Federal requirements andimposes no additional requirements beyond those imposed by State law. Accordingly, the Administrator certifies thatthis rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5U.S.C. 601 etseq.). Because this rule approves pre-existing requirements under State law and does not impose any additional enforceable duty beyond that required by State law, itdoes not contain any unfunded mandate or significantly oruniquely 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 itwill not have a substantial direct effect on one or more Indian tribes, on therelationship 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 ofpower and responsibilities among the various levels ofgovernment, 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 alterthe relationship or the distribution ofpower and responsibilities established inthe Clean Air Act. This rule also isnot subject to Executive Order 13045 "Protection ofChildren from Environmental HealthRisks and Safety Risks" (62FR 19885, April 23, 1997), because itis 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 ofa prior existing requirement Submitted

01/16/04

01/16/04 

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

for the State touse voluntary consensus standards (VCS), EPAhas no authority to disapprove a SIP submission for failure touse VCS. Itwould thus be inconsistent with applicable law for EPA, when itreviews a SIP submission, to use VCS in place ofa SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) ofthe 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 ofthe Paperwork Reduction Act of1995 (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 arule report, which includes a copy ofthe rule, to each House ofthe Congress and tothe Comptroller General ofthe United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States prior to publication ofthe 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 5U.S.C. 804(2).

Under section 307(b)(1) ofthe Clean Air Act, petitions forjudicial review of this action must be filed in the United States Court ofAppeals for the appropriate circuit by October 25, 2004. Filing a petition for reconsideration by the Administrator ofthis final rule does not affect the finality ofthisrule for the purposes ofjudicial review nor does it extend the time within which a petition forjudicial review may be filed, and shall not postpone the effectiveness of suchrule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)
List ofSubjects in 40 CFRPart52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements.

Dated: July 8,2004. Wayne Nastri, RegionalAdministrator, RegionIX.

* Part52, chapterI, 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 addingparagraph (c)(115) to read as follows: 

### §52.120 Identification of plan.

(c) * * * (115) Amended regulations were submitted onJanuary 16, 2004, by the Governor's designee. (i) Incorporation byreference. (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 itis approving a revision tothe 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 ofthis revision will ensure consistency between the state and federally-approved rules and maintenance plan, and ensure Federal enforceability ofthe revised state rule and maintenance plan. DATES: This direct final rule will be effective October 25, 2004, without further notice, unless EPA receives adverse commentby 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 thatthe rule will not take effect. ADDRESSES: Submit your comments, identified by Regional Material in EDocket (RME) IDNumber R07-OAR2004-MO-0002, by one ofthe following methods:

1.FederaleRulemakingPortal: http://www.regulations.gov. Followthe 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'spreferred 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. HandDeliveryorCourier: 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'spolicy 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 thatyou consider tobe 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 inthe body ofyour comment. Ifyou send an e-mail comment directly to EPA without going throughRME or regulations.gov, your e-mail address willbe automatically captured and included as part ofthe comment thatis placed inthe public docket and made available on the Internet. Ifyou submit

an electronic comment, EPA recommends thatyou includeyour
name and other contact information in the body ofyour comment and with any disk or CD-ROM you submit. IfEPA 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 

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