Correction to the California State Implementation Plan, South Coast Air Quality Management District, 38023-38025 [05-13052]
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Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Rules and Regulations
three permanent Copyright Royalty
Judges (‘‘CRJs’’). Consequently, the CRJs
will carry out functions heretofore
performed by the CARPs–namely,
conducting proceedings to adjust rates
paid under certain statutory licenses
and to distribute royalties collected
under sections 111, 119, and chapter 10,
as well as taking in and processing
claims to those royalty fees. 17 U.S.C.
801.
On May 31, 2005, the Copyright
Royalty Board (‘‘CRB’’), the institutional
entity within the Library of Congress
that houses the CRJs, published
procedural regulations which govern, in
pertinent part, the filing of claims. See
70 FR 30901 (May 31, 2005). Therefore,
since jurisdiction over the claims to
royalty fees collected under sections
111, 119, and chapter 10, now lies with
the CRJs, the corresponding CARP
regulations are no longer needed and
therefore are being removed.
Authority
In consideration of the foregoing and
pursuant to 17 U.S.C. 702, the Copyright
Office amends chapter II of title 37 of
the Code of Federal Regulations by
removing parts 252, 257, and 259.
Dated: June 27, 2005.
Marybeth Peters,
Register of Copyrights.
[FR Doc. 05–12948 Filed 6–30–05; 8:45 am]
BILLING CODE 1410–33–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R09–OAR–2005–CA–0004; FRL–7932–3]
Correction to the California State
Implementation Plan, South Coast Air
Quality Management District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to delete a provision from the
California State Implementation Plan
(SIP) that was approved into the SIP in
error. This provision is part of a rule
concerning emissions of volatile organic
compounds (VOC) from solvent
cleaning operations. EPA has
determined that the continued presence
of this provision in the SIP is potentially
confusing and thus harmful to affected
sources, local agencies and to EPA. The
intended effect of this action is to delete
this provision and make the federally
enforceable SIP consistent with the SIP
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16:59 Jun 30, 2005
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as adopted and submitted by the State
of California.
DATES: This rule is effective on August
30, 2005 without further notice, unless
EPA receives adverse comments by
August 1, 2005. If we receive such
comments, we will publish a timely
withdrawal in the Federal Register to
notify the public that this direct final
rule will not take effect.
ADDRESSES: Submit comments,
identified by docket number [DOCKET
NUMBER], by one of the following
methods:
1. Agency Web site: https://
docket.epa.gov/rmepub/. EPA prefers
receiving comments through this
electronic public docket and comment
system. Follow the on-line instructions
to submit comments.
2. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions.
3. E-mail: steckel.andrew@epa.gov.
4. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://docket.epa.gov/
rmepub/, including any personal
information provided, unless the
comment includes Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through the
agency Web site, eRulemaking portal or
e-mail. The agency Web site and
eRulemaking portal are ‘‘anonymous
access’’ systems, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send e-mail
directly to EPA, your e-mail address
will be automatically captured and
included as part of the public comment.
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.
Docket: The index to the docket for
this action is available electronically at
https://docket.epa.gov/rmepub and in
hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California. While all documents in the
docket are listed in the index, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material), and some may
not be publicly available in either
location (e.g., CBI). To inspect the hard
copy materials, please schedule an
PO 00000
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38023
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
´˜
Francisco Donez, EPA Region IX, (415)
972–3956, Donez.Francisco@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Why Is EPA Correcting the SIP?
II. What Provision Is Being Deleted?
III. Final Action
IV. Statutory and Executive Order Reviews
I. Why Is EPA Correcting the SIP?
On August 13, 1999, EPA approved
South Coast Air Quality Management
District (SCAQMD or District) Rule
1171, Solvent Cleaning Operations, as a
revision to the South Coast portion of
the California SIP. See 64 FR 44134
(August 13, 1999). On October 8, 1999,
SCAQMD adopted revisions to Rule
1171. In adopting the revisions to Rule
1171 on October 8, 1999, SCAQMD
intended the revised rule, excluding the
July 1, 2005 VOC limits specified in
subsection (c)(1) of the rule, to be
submitted by the California Air
Resources Board (CARB) to EPA for
approval as a SIP revision, and
SCAQMD also committed to submitting
a future SIP revision containing the July
1, 2005 VOC limits after the District has
reviewed the Technology Assessments
pursuant to section (d) of the rule unless
SCAQMD by majority vote schedules a
hearing to consider amending such
limits.
On January 21, 2000, CARB submitted
the revised SCAQMD Rule 1171, as
adopted by SCAQMD on October 8,
1999, to EPA for approval as a revision
to the South Coast portion of the
California SIP. This submittal specified
that the entire revised Rule 1171 was to
be included in the SIP, except for the
July 1, 2005 VOC limits specified in
subsection (c)(1) of the rule. EPA did
not take action on this submittal and
considered the January 21, 2000
submittal of Rule 1171 superseded
when EPA acted on subsequent
submittals of further revised versions of
the rule.
When SCAQMD subsequently revised
Rule 1171 on August 2, 2002 and
November 7, 2003, the District again
intended that the 2005 limits not be
included into the federally enforceable
SIP. However, the corresponding
submissions of these revisions from
CARB on December 23, 2002 and
January 15, 2004, respectively, did not
clearly repeat the stipulation that the
July 1, 2005 VOC limits were not to be
included in the SIP. Therefore, when
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Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Rules and Regulations
EPA approved these versions of Rule
1171 into the SIP, the 2005 limits were
inadvertently approved into the SIP as
well. See 68 FR 33005 (June 3, 2003)
and 69 FR 44599 (July 27, 2004).
Earlier this year, SCAQMD brought
this error to the attention of CARB and
EPA, and SCAQMD submitted a letter
dated May 6, 2005 to CARB requesting
that CARB request corrective action by
EPA to resolve this issue. By letter dated
May 24, 2005, CARB submitted a letter
to EPA withdrawing the July 1, 2005
VOC limits in SCAQMD Rule 1171 from
the California SIP consistent with the
District’s intent on adopting revisions to
the rule on October 8, 1999, August 2,
2002, and November 7, 2003.
SCAQMD’s May 6, 2005 letter and
CARB’s May 24, 2005 letter are included
in the docket for this rulemaking. We
agree with SCAQMD and CARB that a
SIP correction action is warranted under
these circumstances.
II. What Provision Is Being Deleted?
Section 110(k)(6) of the Clean Air Act
(CAA or Act) provides, ‘‘Whenever the
Administrator determines that the
Administrator’s action approving,
disapproving, or promulgating any plan
or plan revision (or part thereof), area
designation, redesignation,
classification, or reclassification was in
error, the Administrator may in the
same manner as the approval,
disapproval, or promulgation revise
such action as appropriate without
requiring any further submission from
the State.’’
For the reasons described above, EPA
has determined that the provision listed
in the table below was previously
approved into the SIP in error. The table
below also provides the dates on which
the relevant versions of Rule 1171 were
submitted by the State and then
approved by EPA. We are deleting the
specified provision from the SCAQMD’s
portion of the California SIP under CAA
section 110(k)(6).
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
Rule
1171
Title
Submittal date
Solvent Cleaning Operations—July 1, 2005 limits in Section (c)(1) ........................................................
III. Final Action
EPA has reviewed the SIP submittal
materials related to the provision listed
in the table above and determined that
it was previously approved into the
applicable California SIP in error.
Therefore, EPA is taking action to delete
this provision under section 110(k)(6) of
the Act, which provides EPA authority
to remove this provision without
additional State submission. All of the
other provisions in SCAQMD Rule 1171,
i.e., other than the July 1, 2005 VOC
limits in subsection (c)(1), remain
federally enforceable as of the effective
dates of EPA’s final rules published on
August 13, 1999, June 3, 2003, and July
27, 2004 and are unaffected by this
correction action.
We do not think anyone will object to
this deletion, so we are finalizing it
without proposing it in advance.
However, in the Proposed Rules section
of this Federal Register, we are
simultaneously proposing deletion of
this same provision. If we receive
adverse comments by August 1, 2005,
we will publish a timely withdrawal in
the Federal Register to notify the public
that the direct final approval will not
take effect and we will address the
comments in a subsequent final action
based on the proposal. If we do not
receive timely adverse comments, the
direct final approval will be effective
without further notice on August 30,
2005. This will incorporate this
correction into the federally enforceable
SIP.
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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 deletes a
provision that had been approved by
EPA in error and imposes no additional
requirements. 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 deletes a provision that had been
approved by EPA in error and does not
impose any additional enforceable duty,
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,
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Approval date
12/23/02
01/15/04
06/03/03
07/27/04
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
deletes a provision that had been
approved by EPA in error, 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 as defined in Executive
Order 12866, and because the Agency
does not have reason to believe the
environmental health or safety risks
addressed by this rule present a
disproportionate risk to children.
This rule does not involve
establishment of technical standards,
and 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
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Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Rules and Regulations
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 30, 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: June 16, 2005.
Wayne Nastri,
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 F—California
2. Section 52.220 is amended by
adding paragraphs (c)(311)(i)(A)(2) and
(c)(328)(i)(B)(2) to read as follows:
I
§52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(311) * * *
(i) * * *
(A) * * *
(2) Previously approved on June 3,
2003 in paragraph (c)(311)(i)(A)(1) of
this section and now deleted without
replacement, Subsection (c)(1) (July 1,
2005 VOC limits) of Rule 1171.
*
*
*
*
*
(328) * * *
(i) * * *
(B) * * *
(2) Previously approved on July 27,
2004 in paragraph (c)(328)(i)(B)(1) of
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16:59 Jun 30, 2005
Jkt 205001
this section and now deleted without
replacement, Subsection (c)(1) (July 1,
2005 VOC limits) of Rule 1171.
*
*
*
*
*
[FR Doc. 05–13052 Filed 6–30–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R05–OAR–2005–MN–0002; FRL–7931–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Minnesota
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: The EPA is approving State
Implementation Plan (SIP) revisions to
the sulfur dioxide (SO2) requirements
for Flint Hills Resources, L.P. (Flint
Hills) of Dakota County, Minnesota.
Flint Hills operates a Rosemont,
Minnesota petroleum refinery. The
requested revisions will allow the
refinery to produce ultra low sulfur
diesel fuel. This expansion will add five
sources and create an increase in sulfur
dioxide emissions. An analysis of the
additional sources was conducted. The
results show that the air quality of
Dakota County will remain in
compliance of the National Ambient Air
Quality Standards (NAAQS) for sulfur
dioxide.
DATES: This rule is effective on August
30, 2005 unless EPA receives adverse
written comments by August 1, 2005. If
adverse comment is received, EPA will
publish a timely withdrawal of the rule
in the Federal Register and inform the
public that the rule will not take effect.
ADDRESSES: Submit comments,
identified by Regional Material in EDocket (RME) ID No. R05–OAR–2005–
MN–0002 by one of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
Agency Web Site: https://
docket.epa.gov/rmepub/. RME, EPA’s
electronic public docket and comments
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 online instructions for submitting
comments.
E-mail: mooney.john@epa.gov.
Fax: (312) 886–5824.
Mail: You may send written
comments to: John Mooney, Chief,
PO 00000
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38025
Criteria Pollutant Section, (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
Hand Delivery: Deliver your
comments to: John Mooney, Chief,
Criteria Pollutant Section, (AR–18J),
U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
18th floor, Chicago, Illinois 60604. 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 a.m. to 4:30 p.m. excluding
Federal holidays.
Instructions: Direct your comments to
RME ID No. R05–OAR–2005–MN–0002.
EPA’s policy is that all comments
received will be included in the public
docket without change, 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 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 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. For additional instructions on
submitting comments, go to Section I of
the SUPPLEMENTARY INFORMATION section
of the related proposed rule which is
published in the Proposed Rules section
of this Federal Register.
Docket: All documents in the
electronic docket are listed in the RME
index at https://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.
Publicly available docket materials are
available either electronically in RME or
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]]>Agencies
[Federal Register Volume 70, Number 126 (Friday, July 1, 2005)]
[Rules and Regulations]
[Pages 38023-38025]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13052]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R09-OAR-2005-CA-0004; FRL-7932-3]
Correction to the California State Implementation Plan, South
Coast Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to delete a provision from
the California State Implementation Plan (SIP) that was approved into
the SIP in error. This provision is part of a rule concerning emissions
of volatile organic compounds (VOC) from solvent cleaning operations.
EPA has determined that the continued presence of this provision in the
SIP is potentially confusing and thus harmful to affected sources,
local agencies and to EPA. The intended effect of this action is to
delete this provision and make the federally enforceable SIP consistent
with the SIP as adopted and submitted by the State of California.
DATES: This rule is effective on August 30, 2005 without further
notice, unless EPA receives adverse comments by August 1, 2005. If we
receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.
ADDRESSES: Submit comments, identified by docket number [DOCKET
NUMBER], by one of the following methods:
1. Agency Web site: https://docket.epa.gov/rmepub/. EPA prefers
receiving comments through this electronic public docket and comment
system. Follow the on-line instructions to submit comments.
2. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions.
3. E-mail: steckel.andrew@epa.gov.
4. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at https://
docket.epa.gov/ rmepub/, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through the
agency Web site, eRulemaking portal or e-mail. The agency Web site and
eRulemaking portal are ``anonymous access'' systems, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send e-mail directly to EPA, your e-mail
address will be automatically captured and included as part of the
public comment. 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.
Docket: The index to the docket for this action is available
electronically at https://docket.epa.gov/rmepub and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Francisco D[oacute][ntilde]ez, EPA
Region IX, (415) 972-3956, Donez.Francisco@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. Why Is EPA Correcting the SIP?
II. What Provision Is Being Deleted?
III. Final Action
IV. Statutory and Executive Order Reviews
I. Why Is EPA Correcting the SIP?
On August 13, 1999, EPA approved South Coast Air Quality Management
District (SCAQMD or District) Rule 1171, Solvent Cleaning Operations,
as a revision to the South Coast portion of the California SIP. See 64
FR 44134 (August 13, 1999). On October 8, 1999, SCAQMD adopted
revisions to Rule 1171. In adopting the revisions to Rule 1171 on
October 8, 1999, SCAQMD intended the revised rule, excluding the July
1, 2005 VOC limits specified in subsection (c)(1) of the rule, to be
submitted by the California Air Resources Board (CARB) to EPA for
approval as a SIP revision, and SCAQMD also committed to submitting a
future SIP revision containing the July 1, 2005 VOC limits after the
District has reviewed the Technology Assessments pursuant to section
(d) of the rule unless SCAQMD by majority vote schedules a hearing to
consider amending such limits.
On January 21, 2000, CARB submitted the revised SCAQMD Rule 1171,
as adopted by SCAQMD on October 8, 1999, to EPA for approval as a
revision to the South Coast portion of the California SIP. This
submittal specified that the entire revised Rule 1171 was to be
included in the SIP, except for the July 1, 2005 VOC limits specified
in subsection (c)(1) of the rule. EPA did not take action on this
submittal and considered the January 21, 2000 submittal of Rule 1171
superseded when EPA acted on subsequent submittals of further revised
versions of the rule.
When SCAQMD subsequently revised Rule 1171 on August 2, 2002 and
November 7, 2003, the District again intended that the 2005 limits not
be included into the federally enforceable SIP. However, the
corresponding submissions of these revisions from CARB on December 23,
2002 and January 15, 2004, respectively, did not clearly repeat the
stipulation that the July 1, 2005 VOC limits were not to be included in
the SIP. Therefore, when
[[Page 38024]]
EPA approved these versions of Rule 1171 into the SIP, the 2005 limits
were inadvertently approved into the SIP as well. See 68 FR 33005 (June
3, 2003) and 69 FR 44599 (July 27, 2004).
Earlier this year, SCAQMD brought this error to the attention of
CARB and EPA, and SCAQMD submitted a letter dated May 6, 2005 to CARB
requesting that CARB request corrective action by EPA to resolve this
issue. By letter dated May 24, 2005, CARB submitted a letter to EPA
withdrawing the July 1, 2005 VOC limits in SCAQMD Rule 1171 from the
California SIP consistent with the District's intent on adopting
revisions to the rule on October 8, 1999, August 2, 2002, and November
7, 2003. SCAQMD's May 6, 2005 letter and CARB's May 24, 2005 letter are
included in the docket for this rulemaking. We agree with SCAQMD and
CARB that a SIP correction action is warranted under these
circumstances.
II. What Provision Is Being Deleted?
Section 110(k)(6) of the Clean Air Act (CAA or Act) provides,
``Whenever the Administrator determines that the Administrator's action
approving, disapproving, or promulgating any plan or plan revision (or
part thereof), area designation, redesignation, classification, or
reclassification was in error, the Administrator may in the same manner
as the approval, disapproval, or promulgation revise such action as
appropriate without requiring any further submission from the State.''
For the reasons described above, EPA has determined that the
provision listed in the table below was previously approved into the
SIP in error. The table below also provides the dates on which the
relevant versions of Rule 1171 were submitted by the State and then
approved by EPA. We are deleting the specified provision from the
SCAQMD's portion of the California SIP under CAA section 110(k)(6).
South Coast Air Quality Management District
------------------------------------------------------------------------
Rule Title Submittal date Approval date
------------------------------------------------------------------------
1171......... Solvent Cleaning 12/23/02 06/03/03
Operations--July 1, 2005 01/15/04 07/27/04
limits in Section (c)(1).
------------------------------------------------------------------------
III. Final Action
EPA has reviewed the SIP submittal materials related to the
provision listed in the table above and determined that it was
previously approved into the applicable California SIP in error.
Therefore, EPA is taking action to delete this provision under section
110(k)(6) of the Act, which provides EPA authority to remove this
provision without additional State submission. All of the other
provisions in SCAQMD Rule 1171, i.e., other than the July 1, 2005 VOC
limits in subsection (c)(1), remain federally enforceable as of the
effective dates of EPA's final rules published on August 13, 1999, June
3, 2003, and July 27, 2004 and are unaffected by this correction
action.
We do not think anyone will object to this deletion, so we are
finalizing it without proposing it in advance. However, in the Proposed
Rules section of this Federal Register, we are simultaneously proposing
deletion of this same provision. If we receive adverse comments by
August 1, 2005, we will publish a timely withdrawal in the Federal
Register to notify the public that the direct final approval will not
take effect and we will address the comments in a subsequent final
action based on the proposal. If we do not receive timely adverse
comments, the direct final approval will be effective without further
notice on August 30, 2005. This will incorporate this correction into
the federally enforceable 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 deletes a provision that had been approved by EPA in error and
imposes no additional requirements. 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 deletes a provision that
had been approved by EPA in error and does not impose any additional
enforceable duty, 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 deletes a provision that
had been approved by EPA in error, 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 as defined in Executive Order 12866, and because the Agency
does not have reason to believe the environmental health or safety
risks addressed by this rule present a disproportionate risk to
children.
This rule does not involve establishment of technical standards,
and 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
[[Page 38025]]
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 30, 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: June 16, 2005.
Wayne Nastri,
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 F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(311)(i)(A)(2) and
(c)(328)(i)(B)(2) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(311) * * *
(i) * * *
(A) * * *
(2) Previously approved on June 3, 2003 in paragraph
(c)(311)(i)(A)(1) of this section and now deleted without replacement,
Subsection (c)(1) (July 1, 2005 VOC limits) of Rule 1171.
* * * * *
(328) * * *
(i) * * *
(B) * * *
(2) Previously approved on July 27, 2004 in paragraph
(c)(328)(i)(B)(1) of this section and now deleted without replacement,
Subsection (c)(1) (July 1, 2005 VOC limits) of Rule 1171.
* * * * *
[FR Doc. 05-13052 Filed 6-30-05; 8:45 am]
BILLING CODE 6560-50-P
