58328 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 

EPA APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject 

State approval/submittal date 

EPA approval date Explanation 

* * * * * * * 

Chapter 114 (Reg 4)—Control of Air Pollution from Motor Vehicles 

Subchapter A—Definitions 

* * * * * * * 

Section 114.6 .......................... Low Emission Fuel Definitions 03/09/05 10/6/05. [Insert FR page 

number where document 

begins].

* * * * * * * 

Subchapter H—Low Emission Fuels 

* * * * * * * 

Division 2—Low Emission Diesel 

Section 114.312 ...................... Low Emission Diesel Standards.03/09/05 10/6/05. [Insert FR page 

number where document 

begins].

* * * * * * * 

Section 114.314 ...................... Registration of Diesel Producers and Importers.03/09/05 10/6/05. [Insert FR page 

number where document 

begins].

Section 114.315 ...................... Approved Test Methods ........ 03/09/05 10/6/05. [Insert FR page 

number where document 

begins].

EPA took no action on Section 114.315(b) and section 

114.315(c)(4) (C)(ii)(V). 

Section 114.316 ...................... Monitoring, Recordkeeping, 

and Reporting Requirements.

03/09/05 10/6/05. [Insert FR page 

number where document 

begins].

* * * * * * * 

Section 114.318 ...................... Alternative Emission Reduction Plan.03/09/05 10/6/05. [Insert FR page 

number where document 

begins].

* * * * * * * 

[FR Doc. 05–20108 Filed 10–5–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[R01–OAR–2005–MA–0002; FRL–7981–5] 

Approval and Promulgation of State 

Plans For Designated Facilities and 

Pollutants: Massachusetts; Negative 

Declaration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving the Sections 

111(d) and 129 negative declaration 

submitted by the Massachusetts 

Department of Environmental Protection 

(MADEP) on August 23, 2005. This 

negative declaration adequately certifies 

that there are no existing hospital/ 

medical/infectious waste incinerators 

(HMIWIs) located within the boundaries 

of the Commonwealth of Massachusetts. 

EPA publishes regulations under 

Sections 111(d) and 129 of the Clean Air 

Act requiring states to submit control 

plans to EPA. These state control plans 

show how states intend to control the 

emissions of designated pollutants from 

designated facilities (e.g., HMIWIs). The 

Commonwealth of Massachusetts 

submitted this negative declaration in 

lieu of a state control plan. 

DATES: This direct final rule is effective 

on December 5, 2005 without further 

notice unless EPA receives significant 

adverse comment by November 7, 2005. 

If EPA receives adverse comment, we 

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 R01–OAR–

2005–MA–0002 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:// 

docket.epa.gov/rmepub/ Regional 

Material in EDocket (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 onVerDate Aug<31>2005 16:10 Oct 05, 2005 Jkt 208002 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\06OCR1.SGM 06OCR1
Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 58329 

line instructions for submitting 

comments. 

C. E-mail: brown.dan@epa.gov. 

D. Fax: (617) 918–0048. 

E. Mail: ‘‘RME ID Number R01–OAR–

2005–MA–0002’’, Daniel Brown, Chief, 

Air Permits, Toxics & Indoor Programs 

Unit, Office of Ecosystem Protection, 

U.S. EPA, One Congress Street, Suite 

1100 (CAP), Boston, Massachusetts 

02114–2023. 

F. Hand Delivery or Courier. Deliver 

your comments to: Daniel Brown, Chief, 

Air Permits, Toxics & Indoor Programs 

Unit, Office of Ecosystem Protection, 

U.S. EPA, One Congress Street, Suite 

1100 (CAP), Boston, Massachusetts 

02114–2023. Such deliveries are only 

accepted during the Regional Office’s 

normal hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding federal holidays. 

Instructions: Direct your comments to 

Regional Material in EDocket (RME) ID 

Number R01–OAR–2005–MA–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 Regional Material in 

EDocket (RME), regulations.gov, or email. 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 

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 

Regional Material in EDocket (RME) 

index at http://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 at the Office of Ecosystem 

Protection, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, One Congress Street, 

Suite 1100, Boston, MA. EPA requests 

that if at all possible, you contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section below to 

schedule your review. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: John 

J. Courcier, Office of Ecosystem 

Protection (CAP), EPA-New England, 

Region 1, Boston, Massachusetts 02203, 

telephone number (617) 918–1659, fax 

number (617) 918–0659, e-mail 

courcier.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What Action Is EPA Taking Today? 

II. What Is the Origin of the Requirements? 

III. When Did the Requirements First Become 

Known? 

IV. When Did Massachusetts Submit Its 

Negative Declaration? 

V. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking Today? 

EPA is approving the negative 

declaration of air emissions from 

HMIWI units submitted by the 

Commonwealth of Massachusetts. 

EPA is publishing this negative 

declaration without prior proposal 

because the Agency views this as a 

noncontroversial amendment and 

anticipates no adverse comments. 

However, in the proposed rules section 

of this Federal Register, EPA is 

publishing a separate document that 

will serve as the proposal to approve 

this negative declaration should 

relevant adverse comments be filed. If 

EPA receives no significant adverse 

comment by November 7, 2005, this 

action will be effective December 5, 

2005. 

If EPA receives significant adverse 

comments by the above date, we will 

withdraw this action before the effective 

date by publishing a subsequent 

document in the Federal Register that 

will withdraw this final action. EPA 

will address all public comments 

received in a subsequent final rule 

based on the parallel proposed rule 

published in today’s Federal Register. 

EPA will not institute a second 

comment period on this action. Any 

parties interested in commenting on this 

action should do so at this time. If EPA 

receives no comments, this action will 

be effective December 5, 2005. 

II. What Is the Origin of the 

Requirements? 

Under Section 111(d) of the Clean Air 

Act, EPA published regulations at 40 

CFR Part 60, Subpart B which require 

states to submit plans to control 

emissions of designated pollutants from 

designated facilities. In the event that a 

state does not have a particular 

designated facility located within its 

boundaries, EPA requires that a negative 

declaration be submitted in lieu of a 

control plan. 

III. When Did the Requirements First 

Become Known? 

On June 20, 1996 (61 FR 31736), EPA 

proposed emission guidelines for 

HMIWI units. This action enabled EPA 

to list HMIWI units as designated 

facilities. EPA specified particulate 

matter, opacity, sulfur dioxide, 

hydrogen chloride, oxides of nitrogen, 

carbon monoxide, lead, cadmium, 

mercury, and dioxins/furans as 

designated pollutants by proposing 

emission guidelines for existing HMIWI 

units. These guidelines were published 

in final form on September 15, 1997 (62 

FR 48348). 

IV. When Did Massachusetts Submit Its 

Negative Declaration? 

On August 23, 2005, the 

Massachusetts Department of 

Environmental Protection (MADEP) 

submitted a letter certifying that there 

are no existing HMIWI units subject to 

40 CFR part 60, subpart B. Section 

111(d) and 40 CFR 62.06 provide that 

when no such designated facilities exist 

within a state’s boundaries, the affected 

state may submit a letter of ‘‘negative 

declaration’’ instead of a control plan. 

EPA is publishing this negative 

declaration at 40 CFR 62.5450. 

V. 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 

58330 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 

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), because it 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 section 111(d) 

submissions, EPA’s role is to approve 

state plans, 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 

state plan submission for failure to use 

VCS. It would thus be inconsistent with 

applicable law for EPA, when it reviews 

a state plan submission, to use VCS in 

place of a state plan 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. section 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. section 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 December 5, 

2005. Interested parties should 

comment in response to the proposed 

rule rather than petition for judicial 

review, unless the objection arises after 

the comment period allowed for in the 

proposal. 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 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and record keeping 

requirements, Sulfur oxides, Waste 

treatment and disposal. 

Dated: September 20, 2005. 

Robert W. Varney, 

Regional Administrator, EPA New England. 

■ 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. 7401–7642. 

Subpart W—Massachusetts 

■ 2. Subpart W is amended by adding a 

new § 62.5450 and a new undesignated 

center heading to read as follows: 

Air Emissions From Existing Hospital/ 

Medical/Infectious Waste Incinerators 

§ 62.5450 Identification of plan-negative 

declaration. 

On August 23, 2005, the 

Massachusetts Department of 

Environmental Protection submitted a 

letter certifying that there are no 

existing hospital/medical/infectious 

waste incinerators in the state subject to 

the emission guidelines under part 60, 

subpart Ce of this chapter. 

[FR Doc. 05–20106 Filed 10–5–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[OAR–2002–0042; FRL–7981–4] 

RIN 2060–AJ97 

Control of Emissions of Hazardous Air 

Pollutants From Mobile Sources: 

Default Baseline Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action revises the mobile 

source air toxics (MSAT) rule’s default 

baseline values for reformulated 

gasoline and conventional gasoline to 

reflect the national average toxics 

performance of gasoline during 1998–

2000. EPA’s MSAT rule, Control of 

Emissions of Hazardous Air Pollutants 

From Mobile Sources (66 FR 17230, 

March 29, 2001), requires that the 

annual average toxic performance of 

gasoline must be at least as clean as the 

average performance of the gasoline 

produced or imported during the period 

1998–2000 (known as the ‘‘baseline 

period’’). The baseline performance is 

determined separately for each refinery 

and importer, and the rule established 

default toxics baseline values for 

refineries and importers that could not 

develop individual toxics baselines. The 

default toxics baseline values are based 

on the national average performance of 

gasoline during the baseline period. 

However, at the time of the final rule, 

gasoline toxics performance data were 

not yet available for the year 2000. 

Therefore, the final rule included 

regulations directing the EPA to revise 

the default toxics baseline values in the 

rule to reflect the entire 1998–2000 

baseline period once the appropriate 

data became available. With this action, 

EPA is revising the default toxics 

baseline values for refineries and 

importers to reflect the national average