[Federal Register Volume 68, Number 208 (Tuesday, October 28, 2003)]
[Rules and Regulations]
[Pages 61367-61368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27159]


=======================================================================
-----------------------------------------------------------------------

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.

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

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 [email protected].

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]
BILLING CODE 6560-50-P