Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations 53567 

TABLE 52.2820.—EPA APPROVED TERRITORY OF AMERICAN SAMOA REGULATIONS

State citation Title/subject Effective 

date EPA approval date Explanation 

Air Pollution Control 

Rules and Regulations 

Section 1.0 .................... Definitions (1.0.1—1.0.18) ................................. 06/08/1972 03/02/1976, 41 FR 8956 

Section 1.1 .................... Approval of New Sources: Permit to Operate 

(1.1.1—1.1.14).

06/08/1972 03/02/1976, 41 FR 8956 

Section 1.2 .................... Source Monitoring, Record Keeping, and Reporting (1.2.1—1.2.2).06/08/1972 03/02/1976, 41 FR 8956 

Section 1.3 .................... Sampling and Testing Methods (1.3.1–1.3.2) ... 06/08/1972 03/02/1976, 41 FR 8956 

Section 1.4 .................... Malfunction of Equipment; Reporting (1.4.1–

1.4.2).

06/08/1972 03/02/1976, 41 FR 8956 

Section 1.5 .................... Prohibition of Air Pollution ................................. 06/08/1972 03/02/1976, 41 FR 8956 

Section 1.6 .................... Compliance Schedule (1.6.1, Existing Sources) 06/08/1972 03/02/1976, 41 FR 8956 

Section 1.7 .................... Circumvention .................................................... 06/08/1972 03/02/1976, 41 FR 8956 

Section 1.8 .................... Severability ........................................................ 06/08/1972 03/02/1976, 41 FR 8956 

Section 1.9 .................... Ambient Air Quality Standards (1.9.1–1.9.2) ..... 06/08/1972 03/02/1976, 41 FR 8956 

Section 2.1 .................... Control of Open Burning ....................................

Control of Particulate Emissions .......................

06/08/1972 03/02/1976, 41 FR 8956 

Section 3.1 .................... Visible Emissions (3.1.1–3.1.2) ......................... 06/08/1972 03/02/1976, 41 FR 8956 

Section 3.2 .................... Fugitive Dust (3.2.1–3.2.3) ................................ 06/08/1972 03/02/1976, 41 FR 8956 

Section 3.3 .................... Incineration (3.3.1–3.3.4) ................................... 06/08/1972 03/02/1976, 41 FR 8956 

Section 3.4 .................... Fuel Burning Equipment (3.4.1–3.4.2) .............. 06/08/1972 03/02/1976, 41 FR 8956 

Section 3.5 .................... Process Industries—General (3.5.1, 3.5.3–

3.5.5).

06/08/1972 03/02/1976, 41 FR 8956 

Table 1 .......................... Particulate Emission Allowable Based on Process Weight.06/08/1972 03/02/1976, 41 FR 8956 

Section 3.6 .................... Sampling Methods (3.6.1) .................................

Control of Sulfur Compound Emissions ............

06/08/1972 03/02/1976, 41 FR 8956 

Section 4.1 .................... Fuel Combustion (4.1.1) .................................... 06/08/1972 03/02/1976, 41 FR 8956 

(d) EPA approved State source 

specific requirements. 

Name of source Permit No. Effective 

date EPA approval date Explanation 

None 

(e) [Reserved]. 

[FR Doc. 05–17931 Filed 9–8–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[RO3–OAR–2005–MD–0008; FRL –7966–7] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; Maryland; 

Control of Emissions From 

Commercial and Industrial Solid Waste 

Incineration (CISWI) Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve the May 12, 2005 

negative declaration letter submitted by 

the Maryland Department of the 

Environment (MDE). The negative 

declaration certifies that existing CISWI 

units, subject to Clean Air Act (the Act) 

requirements of sections 111(d) and 129 

and related emission guidelines (EG), 

have been permanently shut down and 

have been dismantled in the State of 

Maryland. 

DATES: This rule is effective November 

8, 2005 without further notice, unless 

EPA receives adverse written comment 

by October 11, 2005. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number RO3–OAR–

2005–MD–0008 by one of the following 

methods: 

A. Federal eRulemaking Portal: 

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

on-line instructions for submitting 

comments. 

B. Agency Web site: http:// 

www.docket.epa.gov/rmepub/ RME, 

EPA’s electronic public docket and 

comment system, is EPA’s preferred 

method for receiving comments. Follow 

the online instructions for submitting 

comments. 

C. E-mail: http://wilkie.walter@ 

epa.gov 

D. Mail: RO3–OAR–2005–MD–0008, 

Walter Wilkie, Chief, Air Quality 

Analysis, Mailcode 3AP22, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

E. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

RME ID No. RO3–OAR–2005–MD–0008. 

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:// 

www.docket.epa.gov/rmepub/, 

including any personal information 

53568 Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations 

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 

and the Federal regulations.gov Web 

sites are an ‘‘anonymous access’’

system, 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 special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the RME 

index at http://www.docket.epa.gov/ 

rmepub/. Although listed in the index, 

some information is not publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the state submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Baltimore, Maryland 21230 

FOR FURTHER INFORMATION CONTACT: 

James B. Topsale, P.E., at (215) 814–

2190, or by e-mail at 

topsale.jim@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Sections 111(d) and 129 of the Act 

require states to submit for approval 

plans to control certain pollutants (i.e., 

designated pollutants) at existing solid 

waste combustor facilities (i.e., 

designated facilities) whenever 

standards of performance have been 

established under section 111(b) for new 

sources of the same type, and EPA has 

established EG for such existing sources. 

Unless part of a state or Federal plan, 

EG requirements are not federally 

enforceable. 

Designated pollutants are those 

pollutants for which no air quality 

criteria have been issued, and which are 

not included on a list published under 

section 108(a) and 112(b) of the Act, but 

emissions of which are subject to a new 

source performance standard. Section 

129 of the Act requires EPA to 

promulgate EG for CISWI units that emit 

a mixture of air pollutants. These 

pollutants include organics (dioxins/ 

furans), carbon monoxide, metals 

(cadmium, lead, and mercury), acid 

gases (hydrogen chloride, sulfur 

dioxide, and nitrogen oxides) and 

particulate matter (including opacity). 

On December 1, 2000 EPA 

promulgated CISWI unit new source 

performance standards and EG, 40 CFR 

part 60, subparts CCCC and DDDD, 

respectively. The designated facility to 

which the EG apply is each CISWI unit, 

as defined in subpart DDDD, that 

commenced construction on or before 

November 30, 1999. 

Subpart B of 40 CFR part 60 

establishes procedures to be followed 

and requirements to be met in the 

development and submission of state 

plans for controlling designated 

pollutants. Also, part 62 provides the 

procedural framework for the 

submission of these plans. When 

designated facilities are located in a 

state, the state must develop and submit 

a plan for the control of the designated 

pollutant. However, 40 CFR 60.23(b) 

and 62.06 provide that if there are no 

existing sources of the designated 

pollutant in the state, the state may 

submit a letter of certification to that 

effect (i.e., negative declaration) in lieu 

of a plan. The negative declaration 

exempts the state from the requirements 

of subpart B that require submittal of a 

section 111(d)/129 plan for the 

designated facility. 

II. Final Action 

The MDE has determined that existing 

CISWI units have been permanently 

shut down and have been dismantled in 

the state of Maryland. Accordingly, the 

MDE submitted a negative declaration 

letter to EPA. The letter is dated May 12, 

2005. Therefore, EPA is amending part 

62, subpart V, to reflect the receipt of 

the negative declaration. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

amendment and anticipates no adverse 

comments. This action simply reflects 

an already existing Federal requirement 

for state air pollution control agencies 

and existing CISWI units, if any, that are 

subject to the provisions of 40 CFR part 

60, and part 62. However, in the 

‘‘Proposed Rules’’ section of today’s 

Federal Register, EPA is publishing a 

separate document that will serve as the 

proposal to approve the negative 

declaration should relevant adverse or 

critical comments be filed. This rule 

will be effective November 8, 2005 

without further notice unless the 

Agency receives relevant adverse 

comments by October 11, 2005. If EPA 

receives adverse comments, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule did not take effect. EPA 

will address all public comments in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

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 

(Public Law 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 

Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations 53569 

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 negative declaration, 

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 section 111(d)/129 

negative declaration 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 section 111(d)/129 

negative declaration related submission 

for failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a 111(d)/129 plan 

related submission, to use VCS in place 

of a negative declaration 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.). 

B. Submission to Congress and the 

Comptroller General 

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. This rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

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 November 8, 

2005. 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, approving the 

MDE’s negative declaration for CISWI 

units, may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Aluminum, 

Fertilizers, Fluoride, Intergovernmental 

relations, Paper and paper products 

industry, Phosphate, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Sulfur acid plants, Waste 

treatment and disposal. 

Dated: September 1, 2005. 

Richard J. Kampf, 

Acting Regional Administrator, Region III. 

■ 40 CFR part 62 is amended as follows: 

PART 62—[AMENDED] 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart V—Maryland 

■ 2. A new center heading, after 

§ 62.5122, consisting of § 62.5127 is 

added to read as follows: 

Emissions From Existing Commercial 

and Industrial Solid Waste Incinerator 

(CISWI) Units—Negative Declaration 

§ 62.5127 Identification of plan—Negative 

Declaration 

May 12, 2005 Maryland Department 

of the Environment letter certifying that 

existing CISWI units, subject to 40 CFR 

part 60, subpart DDDD, have been 

permanently shut down and have been 

dismantled in the state. 

[FR Doc. 05–17929 Filed 9–8–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Parts 571 and 588 

[Docket No. NHTSA–2005–22324] 

RIN 2127–AI95 

Federal Motor Vehicle Safety 

Standards; Child Restraint Systems; 

Child Restraint Systems 

Recordkeeping Requirements 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Final rule. 

SUMMARY: This document amends 

Federal Motor Vehicle Safety Standard 

No. 213, ‘‘Child restraint systems,’’ to 

permit information regarding online 

product registration to be included on 

the owner registration form required 

under the standard. This amendment 

enhances the opportunity of restraint 

owners to register their restraints online, 

which may increase registration rates 

and the effectiveness of recall 

campaigns. The final rule also better 

enables manufacturers to supplement 

(but not replace) recall notification via 

first-class mail with e-mail notification, 

which increases the likelihood that 

owners learn of a recall. The agency is 

also requiring that the telephone 

number required on child restraint 

labels for the purpose of enabling 

consumers to register by telephone be a 

U.S. number. 

DATES: This final rule is effective 

November 8, 2005. 

Petitions: Petitions for reconsideration 

must be received by October 24, 2005 

and should refer to this docket and the 

notice number of this document and be 

submitted to: Administrator, National 

Highway Traffic Safety Administration, 

400 Seventh St., SW., Washington, DC 

20590. 

FOR FURTHER INFORMATION CONTACT: The 

following persons at the National 

Highway Traffic Safety Administration: 

For non-legal issues: Mr. Tewabe 

Asebe of the NHTSA Office of 

Rulemaking at (202) 366–2365. 

For legal issues: Mr. Christopher 

Calamita of the NHTSA Office of Chief 

Counsel at (202) 366–2992. 

You may send mail to both of these 

officials at the National Highway Traffic 

Safety Administration, 400 Seventh St., 

SW., Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background