Revisions to the Arizona State Implementation Plan, Maricopa County Environmental Services Department, 34357-34358 [05-11160]

Download as PDF Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Rules and Regulations 2. Add temporary section 165.T05–036 to read as follows: I § 165.T05–036 Safety Zone: Boston 4th of July Fireworks, Charles River, Boston, Massachusetts. Dated: June 2, 2005. James L. McDonald, Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts. [FR Doc. 05–11672 Filed 6–13–05; 8:45 am] BILLING CODE 4910–15–P (a) Location. The following area is a safety zone: All waters of the Charles River within a 400 yard radius of the fireworks launch site located midway between the Longfellow Bridge and the Massachusetts Avenue Bridge, Boston, MA, specifically at 42° 21.28′ N, 071° 05.00′ W. (b) Effective Date. This section is effective from 7 p.m. e.d.t. until 11:30 p.m. e.d.t. on July 4, 2005, with a rain date of July 5, 2005. (c) Regulations. (1) In accordance with the general regulations in section 165.23 of this part, entry into or movement within this zone is prohibited unless authorized by the Captain of the Port Boston. (2) All vessel operators shall comply with the instructions of the COTP or the designated on-scene U.S. Coast Guard patrol personnel. On-scene Coast Guard patrol personnel include commissioned, warrant, and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, local, state, and federal law enforcement vessels. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [AZ 137–0089; FRL–7912–4] Revisions to the Arizona State Implementation Plan, Maricopa County Environmental Services Department Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: EPA is finalizing approval of a revision to the Maricopa County Environmental Services Department (MCESD) portion of the Arizona State Implementation Plan (SIP). This revision was proposed in the Federal Register on March 18, 2005 and concerns volatile organic compound (VOC) emissions from the fiberboard saturation process at W.R. Meadows, Inc., Goodyear, AZ. We are approving a local permit condition that regulates this source-specific emission unit under the Clean Air Act as amended in 1990 (CAA or the Act). 34357 EFFECTIVE DATE: This rule is effective on July 14, 2005. ADDRESSES: You can inspect a copy of the submitted SIP revision, EPA’s technical support document (TSD), and public comments at our Region IX office during normal business hours by appointment. You may also see a copy of the submitted SIP revision by appointment at the following locations: Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, Room B–102, (Mail Code 6102T), 1301 Constitution Avenue, NW., Washington, DC 20460. Arizona Department of Environmental Quality, 1110 West Washington Street, Phoenix, AZ 85007. Maricopa County Environmental Services Department, 1001 North Central Avenue, Suite 695, Phoenix, AZ 85004. A copy of the rule may also be available via the Internet at https://www.maricopa.gov/ envsvc/air/ruledesc.asp. 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. Al Petersen, EPA Region IX, (415) 947– 4118, petersen.alfred@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to EPA. FOR FURTHER INFORMATION CONTACT: I. Proposed Action On March 18, 2005 (70 FR 13125), EPA proposed to approve a draft version of the following permit condition into the Arizona SIP. TABLE 1.—SUBMITTED RULE Local agency MCESD ............................. Rule No. Permit V98–004, Condition 23. On April 26, 2005, the submittal of the permit condition in Table 1 was found to meet the completeness criteria in 40 CFR part 51, appendix V, which must be met before formal EPA review. The submitted version is substantively identical to the draft version proposed for EPA approval. We proposed to approve this permit condition because we determined that it complied with the relevant CAA requirements. Our proposed action contains more information on the rule and our evaluation. II. Public Comments and EPA Responses EPA’s proposed action provided a 30day public comment period. During this VerDate jul<14>2003 19:17 Jun 13, 2005 Rule title Jkt 205001 RACT Requirements for the Fiberboard Saturation Process, W.R. Meadows of Arizona, Inc., Goodyear, AZ. period, we did not receive any comments. III. EPA Action No comments were submitted to change our assessment that the submitted permit condition complies with the relevant CAA requirements. Therefore, as authorized in section 110(k)(3) of the CAA, EPA is fully approving the permit condition 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 PO 00000 Revised Frm 00055 Fmt 4700 Sfmt 4700 02/17/05 Submitted 04/20/05 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 E:\FR\FM\14JNR1.SGM 14JNR1 34358 Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Rules and Regulations 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 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 VerDate jul<14>2003 19:17 Jun 13, 2005 Jkt 205001 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 August 15, 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 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, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: April 27, 2005. Laura Yoshii, Acting Regional Administrator, Region IX. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: I PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart D—Arizona 2. Section 52.120 is amended by adding paragraph (c)(121) to read as follows: I § 52.120 Identification of plan. * * * * * (c) * * * (121) A plan revision was submitted on April 20, 2005 by the Governor’s designee. (i) Incorporation by reference. (A) Maricopa County Environmental Services Department. (1) Permit V98–004, condition 23, W.R. Meadows of Arizona, Inc., Goodyear, AZ, adopted on February 17, 2005. * * * * * [FR Doc. 05–11160 Filed 6–13–05; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [RO4–OAR–2005–GA–0002; RO4–OAR– 2005–GA–0003; R04–OAR–2004–GA–0003– 200517; FRL–7924–2–] Approval and Promulgation of Implementation Plans; Georgia, Determination of Attainment for Atlanta 1-Hour Severe Ozone Nonattainment Area and Severe Area Vehicle Miles Traveled Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: EPA is determining that the Atlanta area has attained the 1-hour ozone National Ambient Air Quality Standard (NAAQS). This determination is based on three years of complete, quality-assured ambient air quality monitoring data for the 2002 through 2004 ozone seasons. Based on this determination, EPA is also determining that certain attainment demonstration and reasonable further progress requirements, along with other related requirements of part D of title I of the Clean Air Act (CAA or Act), are not applicable to the Atlanta area for so long as the area continues to attain the 1hour ozone standard. The current Atlanta 1-hour severe ozone nonattainment area consists of the following counties: Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding and Rockdale (Atlanta area). Additionally, EPA is granting final approval to Georgia’s Severe Area Vehicle Miles Traveled (VMT) State Implementation Plan (SIP) submittal. DATES: Effective Date: This rule is effective June 14, 2005. ADDRESSES: EPA has established a docket for this action under Regional Material in EDocket (RME) ID No. RO4– OAR–2005—GA–0002; RO4–OAR– 2005–GA–0003; R04–OAR–2004–GA– 0003. All documents in the docket are listed in the RME index at https:// docket.epa.gov/rmepub/. Once in the system, select ‘‘quick search,’’ then key in the appropriate RME Docket identification number. Although listed in the index, some information is not publicly available, i.e., confidential business information (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 E:\FR\FM\14JNR1.SGM 14JNR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 113 (Tuesday, June 14, 2005)]
[Rules and Regulations]
[Pages 34357-34358]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11160]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AZ 137-0089; FRL-7912-4]


Revisions to the Arizona State Implementation Plan, Maricopa 
County Environmental Services Department

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is finalizing approval of a revision to the Maricopa 
County Environmental Services Department (MCESD) portion of the Arizona 
State Implementation Plan (SIP). This revision was proposed in the 
Federal Register on March 18, 2005 and concerns volatile organic 
compound (VOC) emissions from the fiberboard saturation process at W.R. 
Meadows, Inc., Goodyear, AZ. We are approving a local permit condition 
that regulates this source-specific emission unit under the Clean Air 
Act as amended in 1990 (CAA or the Act).

EFFECTIVE DATE: This rule is effective on July 14, 2005.

ADDRESSES: You can inspect a copy of the submitted SIP revision, EPA's 
technical support document (TSD), and public comments at our Region IX 
office during normal business hours by appointment. You may also see a 
copy of the submitted SIP revision by appointment at the following 
locations:

Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, Room B-102, (Mail Code 6102T), 1301 Constitution 
Avenue, NW., Washington, DC 20460.
Arizona Department of Environmental Quality, 1110 West Washington 
Street, Phoenix, AZ 85007.
Maricopa County Environmental Services Department, 1001 North 
Central Avenue, Suite 695, Phoenix, AZ 85004.
A copy of the rule may also be available via the Internet at https://
www.maricopa.gov/envsvc/air/ruledesc.asp. 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, EPA 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 March 18, 2005 (70 FR 13125), EPA proposed to approve a draft 
version of the following permit condition into the Arizona SIP.

                                            Table 1.--Submitted Rule
----------------------------------------------------------------------------------------------------------------
           Local agency                  Rule No.              Rule title             Revised        Submitted
----------------------------------------------------------------------------------------------------------------
MCESD............................  Permit V98-004,      RACT Requirements for           02/17/05        04/20/05
                                    Condition 23.        the Fiberboard
                                                         Saturation Process,
                                                         W.R. Meadows of
                                                         Arizona, Inc.,
                                                         Goodyear, AZ.
----------------------------------------------------------------------------------------------------------------

    On April 26, 2005, the submittal of the permit condition in Table 1 
was found to meet the completeness criteria in 40 CFR part 51, appendix 
V, which must be met before formal EPA review. The submitted version is 
substantively identical to the draft version proposed for EPA approval. 
We proposed to approve this permit condition because we determined that 
it complied with the relevant CAA requirements. Our proposed action 
contains more information on the rule and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period. 
During this period, we did not receive any comments.

III. EPA Action

    No comments were submitted to change our assessment that the 
submitted permit condition complies with the relevant CAA requirements. 
Therefore, as authorized in section 110(k)(3) of the CAA, EPA is fully 
approving the permit condition 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

[[Page 34358]]

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 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 August 15, 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 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: April 27, 2005.
Laura Yoshii,
Acting Regional Administrator, Region IX.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart D--Arizona

0
2. Section 52.120 is amended by adding paragraph (c)(121) to read as 
follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (121) A plan revision was submitted on April 20, 2005 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Environmental Services Department.
    (1) Permit V98-004, condition 23, W.R. Meadows of Arizona, Inc., 
Goodyear, AZ, adopted on February 17, 2005.
* * * * *
[FR Doc. 05-11160 Filed 6-13-05; 8:45 am]
BILLING CODE 6560-50-P

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