[Federal Register: October 28, 2003 (Volume 68, Number 208)]
[Rules and Regulations]
[Page 61367-61368]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc03-17]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 51
[FRL-7579-6]
Revisions to the Regional Haze Rule To Correct Mobile Source
Provisions in Optional Program for Nine Western States and Eligible
Indian Tribes Within That Geographic Area; Direct Final Rule, Removal
of Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; removal of amendments.
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SUMMARY: On July 3, 2003, (68 FR 39842), EPA published a direct final
rule to approve a correction to the mobile source provisions in the
regional haze rule. EPA stated in that direct final action that, if we
received adverse comment by August 4, 2003, we would publish a timely
withdrawal in the Federal Register. EPA subsequently received adverse
comment on that direct final rule but did not timely publish the
withdrawal. In this action, EPA is removing the amendments that were
published in the July 3, 2003, direct final rule. We will address all
public comments in a subsequent final action on the parallel proposed
rule amendment (68 FR 39888).
DATES: This action is effective as of October 28, 2003.
ADDRESSES: Docket. Materials relevant to the direct final rule that was
published in the Federal Register on July 3, 2003 (68 FR 39842) are
contained in Public Docket Number OAR-2002-0076 at the following
address: EPA Docket Center (EPA/DC), Public Reading Room, Room B102,
EPA West Building, 1301 Constitution Avenue, NW., Washington DC. The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, except on government holidays. You can
reach the Reading Room by telephone at (202) 566-1744, and by facsimile
at (202) 566-1741. The telephone number for the Air Docket is (202)
566-1742. You may be charged a reasonable fee for photocopying docket
materials, as provided in 40 CFR part 2.
Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/. An electronic version of the
public docket is available through EPA's electronic public docket and
comment system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/
to view public comments, access the index listing
of the contents of the official public docket, and to access those
documents in the public docket that are available electronically.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified above. Once in the system, select
``search,'' then key in the docket identification number, OAR-2002-
0076.
FOR FURTHER INFORMATION CONTACT: If you would like further information
about this rule, contact Kathy Kaufman, Integrated Policies and Strategies Group, (919) 541-0102 or by e-mail kaufman.kathy@epa.gov.
SUPPLEMENTARY INFORMATION: On July 1, 1999, we published the final
regional haze rule. The regional haze rule provisions appear at 40 CFR
31.308 and 40 CFR 51.309. The rule requires States to develop
implementation plans that will make ``reasonable progress'' toward the
national visibility goal. The State plans must include these visibility
progress goals for each Class I area, as well as emissions reductions
strategies and other measures needed to meet these goals. The rule also
provides an optional approach, described in 40 CFR 51.309, that may be
followed by the nine Western States (Arizona, California, Colorado,
Idaho, Nevada, New Mexico, Oregon, Utah, and Wyoming) that comprise the
transport region analyzed by the Grand Canyon Visibility Transport
Commission (GCVTC) during the 1990's. This optional approach is also
available to eligible Indian Tribes within this geographic region.
On July 3, 2003, we published a direct final action (68 FR 39842)
and a parallel proposal (68 FR 39888) to amend the mobile source
provisions in 40 CFR 51.309. We stated in the direct final action that
if we received adverse comment by August 4, 2003, we would publish a
withdrawal notice in the Federal Register. We also stated that if the
Agency received no adverse comments, the rule would be effective
September 2, 2003. We received adverse comments from the Center for
Energy and Economic Development but did not publish the withdrawal
notice before September 2, 2003. In this action, EPA is removing the
amendments that were published in the July 3, 2003 direct final rule.
We will address all public comments in a subsequent final action on the
parallel proposed rule amendment.
This removal action is a ministerial correction of the prior direct
final rulemaking, which by its terms did not become effective because
the Center for Energy and Economic Development commented adversely on
the approval action. Therefore, EPA is invoking the good cause
exception under the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(3)(B) because EPA believes that notice-and-comment rulemaking of
this removal action is contrary to the public interest and unnecessary.
This removal action merely restores the regulatory text that existed
prior to the direct final rule. Further notice-and-comment on this
action is unnecessary because we are merely restoring the regulatory
text that existed prior to the final rule. For the same reasons, we
believe there is good cause for this removal to become effective upon
publication. We will address all public comments in a subsequent final
action on the parallel proposed rule amendment.
Statutory and Executive Order Reviews
As discussed above, this removal action merely restores the
regulatory text that existed prior to the direct final rule. Under
Executive Order 12866 (58 FR 51735, October 4, 1993), this action is
not a ``significant regulatory action'' and is therefore not subject to
OMB review. Because this action is not subject to notice-and-comment
requirements under the Administrative Procedure Act or any other
statute, it is not subject to the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) or sections 202 and 205 of the Unfunded Mandates Reform
Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not
significantly or uniquely affect small governments. This rule does not
have tribal implications, as specified in Executive Order 13175 (63 FR
67249, November 9, 2000). This action will not
[[Page 61368]]
have federalism implications, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action also is not subject to
Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not
economically significant. This action is not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001))
because it is not a significant regulatory action under Executive Order
12866. This action does not involve technical standards; 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 action
also 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.) 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 action 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 in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 51
Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide, Nitrogen dioxide, Particulate
matter, Sulfur oxides, Volatile organic compounds.
Dated: October 22, 2003.
Marianne Lamont Horinko,
Acting Administrator.
0
40 CFR Part 51 is amended as follows:
PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS
0
1. The authority citation for part 51 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart P--Protection of Visibility
0
2. Section 51.309 is amended by revising paragraphs (b)(6) and
(d)(5)(i); redesignating paragraph (d)(5)(ii) as paragraph (d)(5)(iv);
and adding paragraphs (d)(5)(ii) and (d)(5)(iii) to read as follows:
Sec. 51.309 Requirements related to the Grand Canyon Visibility
Transport Commission.
* * * * *
(b) * * *
(6) Mobile Source Emission Budget means the lowest level of VOC,
NOX, SO2 elemental and organic carbon, and fine
particles which are projected to occur in any area within the transport
region from which mobile source emissions are determined to contribute
significantly to visibility impairment in any of the 16 Class I areas.
* * * * *
(d) * * *
(5) * * *
(i) Statewide inventories of current annual emissions and projected
future annual emissions of VOC, NOX, SO2,
elemental carbon, organic carbon, and fine particles from mobile
sources for the years 2003 to 2018. The future year inventories must
include projections for the year 2005, or an alternative year that is
determined by the State to represent the year during which mobile
source emissions will be at their lowest levels within the State.
(ii) A determination whether mobile source emissions in any areas
of the State contribute significantly to visibility impairment in any
of the 16 Class I Areas, based on the statewide inventory of current
and projected mobile source emissions.
(iii) For States with areas in which mobile source emissions are
found to contribute significantly to visibility impairment in any of
the 16 Class I areas:
(A) The establishment and documentation of a mobile source
emissions budget for any such area, including provisions requiring the
State to restrict the annual VOC, NOX, SO2,
elemental and organic carbon, and/or fine particle mobile source
emissions to their projected lowest levels, to implement measures to
achieve the budget or cap, and to demonstrate compliance with the
budget.
(B) An emission tracking system providing for reporting of annual
mobile source emissions from the State in the periodic implementation
plan revisions required by paragraph (d)(10) of this section. The
emission tracking system must be sufficient to determine the States'
contribution toward the Commission's objective of reducing emissions
from mobile sources by 2005 or an alternate year that is determined by
the State to represent the year during which mobile source emissions
will be at their lowest levels within the State, and to ensure that
mobile source emissions do not increase thereafter.
* * * * *
[FR Doc. 03-27159 Filed 10-27-03; 8:45 am]
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