Federal Register / Vol. 69, No. 96 / Tuesday, May 18, 2004 / Rules and Regulations 28061

Coordination of Prior Notice 

Timeframes’’ (69 FR 19765).

To be timely, interested persons must 

submit to the Division of Dockets 

Management (see ADDRESSES) written or 

electronic comments on the prior notice 

IFR by July 13, 2004. Submit a single 

copy of electronic comments or two 

paper copies of any mailed comments, 

except that individuals may submit one 

copy. Comments are to be identified 

with the docket number found in 

brackets in the heading of this 

document. Received comments may be 

seen in the Division of Dockets 

Management between 9 a.m. and 4 p.m., 

Monday through Friday.

This regulation was effective on 

December 12, 2003. We will address 

comments received during the entire 

reopened comment period and the 

previous comment period that closed on 

December 24, 2003, and will confirm or 

amend the IFR in a final rule. We, 

however, will not address any 

comments that have been previously 

considered during this rulemaking.

Dated: May 12, 2004.

William K. Hubbard,

Associate Commissioner for Policy and 

Planning.

[FR Doc. 04–11247 Filed 5–13–04; 4:27 pm]

BILLING CODE 4160–01–S

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[CA269–0452; FRL–7659–8] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing approval of 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) portion of the California 

State Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on February 12, 2004, and 

concern oxides of nitrogen (NOX) 

emissions from boilers, steam 

generators, and process heaters; 

stationary internal combustion engines; 

and stationary gas turbines. 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 

June 17, 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 94105–3901. 

Air and Radiation Docket and 

Information Center, U.S. 

Environmental Protection Agency, 

Room B–102, 1301 Constitution 

Avenue, NW. (Mail Code 6102T), 

Washington, DC 20460. 

California Air Resources Board, 

Stationary Source Division, Rule 

Evaluation Section, 1001 ‘‘I’’ Street, 

Sacramento, CA 95814. 

San Joaquin Valley Unified Air 

Pollution Control District, 1990 E. 

Gettysburg Avenue, Fresno, CA 

93726.

A copy of the rule may also be 

available via the Internet at http://

www.arb.ca.gov/drdb/drdbltxt.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:

Thomas C. Canaday, EPA Region IX, 

(415) 947–4121, canaday.tom@epa.gov.

SUPPLEMENTARY INFORMATION:

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

and ‘‘our’’ refer to EPA. 

I. Proposed Action 

On February 12, 2004 (69 FR 7098), 

EPA proposed to approve the following 

rules into the California SIP.

TABLE 1.—SUBMITTED RULE

Local agency Rule # Rule title Adopted Submitted 

SJVUAPCD ................................ 4351 Boilers, Steam Generators, and Process Heaters—Phase 1 ....... 08/21/03 09/29/03 

SJVUAPCD ................................ 4305 Boilers, Steam Generators, and Process Heaters—Phase 2 ....... 08/21/03 09/29/03 

SJVUAPCD ................................ 4306 Boilers, Steam Generators, and Process Heaters—Phase 3 ....... 09/18/03 09/29/03 

SJVUAPCD ................................ 4701 Internal Combustion Engines—Phase 1 ....................................... 08/21/03 10/09/03 

SJVUAPCD ................................ 4702 Internal Combustion Engines—Phase 2 ....................................... 08/21/03 10/09/03 

SJVUAPCD ................................ 4703 Stationary Gas Turbines ................................................................ 04/25/02 06/18/02 

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 Comment and EPA Response 

EPA’s proposed action provided a 30-

day public comment period. During this 

period, we received comments from the 

following party. 

1. David R. Farabee, Pillsbury 

Winthrop L.L.P. (comments submitted 

on behalf of the Western States 

Petroleum Association); letter dated and 

hand-delivered March 12, 2004. 

The comment and our response are 

summarized below.

Comment #1: The commenter requests 

clarification of the following statement 

we made in the proposed rule in 

connection with the Westside 

exemption: ‘‘In any event, the past issue 

of whether the Westside exemption was 

inconsistent with both ozone and PM–

10 planning requirements or simply 

PM–10 (and not ozone) planning 

requirements has become moot in light 

of the need for additional NOX

emissions reductions throughout San 

Joaquin Valley for both PM–10 and 

ozone planning purposes’’ (emphasis 

added). See 69 FR 7098, at 7100, 

column 1 (February 12, 2004). 

Response #1: By the above statement, 

we simply intended to restate our 

conclusion that a regional exemption 

from NOX emission control 

requirements, such as the Westside 

exemption, was not approvable under 

the Act. We did not intend to prejudge 

future SIP submittals that provide for 

additional emissions reductions in San 

Joaquin Valley that are needed to attain 

the ozone and PM–10 NAAQS. 

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 

28062 Federal Register / Vol. 69, No. 96 / Tuesday, May 18, 2004 / Rules and Regulations 

Act, EPA is fully approving these rules 

into the California 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 state rules 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 

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 July 19, 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, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements.

Dated: April 28, 2004. 

Deborah Jordan, 

Acting Regional Administrator, Region IX.

■ Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows:

PART 52—[AMENDED]

■ 1. The authority citation for part 52 

continues to read as follows:

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

Subpart F—California

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(300) (i)(D)(1), 

(c)(325), and (c)(326) to read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * * 

(300) * * * 

(i) * * * 

(D) San Joaquin Valley Unified Air 

Pollution Control District. 

(1) Rule 4703 adopted on April 25, 

2002.

* * * * *

(325) Amended regulations for the 

following APCD were submitted on 

September 29, 2003, by the Governor’s 

Designee. 

(i) Incorporation by reference. 

(A) San Joaquin Valley Unified Air 

Pollution Control District. 

(1) Rules 4305 and 4351 adopted on 

August 21, 2003, and Rule 4306 adopted 

on September 18, 2003. 

(326) Amended regulations for the 

following APCD were submitted on 

October 9, 2003, by the Governor’s 

Designee. 

(i) Incorporation by reference. 

(A) San Joaquin Valley Unified Air 

Pollution Control District. 

(1) Rules 4701 and 4702 adopted on 

August 21, 2003.

[FR Doc. 04–11114 Filed 5–17–04; 8:45 am] 

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 25 and 101 

[ET Docket No. 98–206; RM–9147; RM–9245; 

FCC 02–116] 

Order To Permit Operation of NGSO 

FSS Systems Co-Frequency With GSO 

and Terrestrial Systems in the KuBand Frequency Range; Authorize 

Subsidiary Terrestrial Use of the 12.2–

12.7 GHz Band by Direct Broadcast 

Satellite Licensees and Their Affiliates; 

and in Re Applications of Broadwave 

USA, PDC Broadband Corporation, and 

Satellite Receivers, Ltd. in the 12.2–

12.7 GHz Band

AGENCY: Federal Communications 

Commission.

ACTION: Final rule; announcement of 

effective date.