[Federal Register Volume 70, Number 152 (Tuesday, August 9, 2005)]
[Proposed Rules]
[Pages 46127-46131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15747]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R05-OAR-2005-OH-0005; FRL-7949-5]
Approval and Promulgation of Implementation Plans; Ohio
Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve assorted revisions to regulations
governing particulate matter emissions in the Cleveland area. These
revisions affect emission limits for Ford Motor Company's Cleveland
Casting Plant and Cleveland facilities of General Chemical Corporation
and International Steel Group (formerly LTV Steel). EPA concludes that
Ohio has provided a suitable modeling demonstration that the revised
limits continue to provide for attainment of the air quality standard
for particles 10 microns and less (known as PM10).
Ohio submitted these revisions on July 18, 2000, along with
revisions of other particulate matter regulations, most of which had
statewide applicability. EPA proposed action on these other revisions
on December 2, 2002, at 67 FR 71515. EPA is not reopening the comment
period on the prior proposal. EPA anticipates publishing final
rulemaking addressing the complete Ohio submittal, considering comments
on the prior proposal and any comments addressing today's proposal.
DATES: Written comments on this proposed rule must arrive on or before
September 8, 2005.
ADDRESSES: Submit comments, identified by Regional Material in EDocket
(RME) ID No. R05-OAR-2005-OH-0005, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
on-line instructions for submitting comments.
Agency Web site: http://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 on-line instructions for submitting comments.
E-mail: [email protected].
Fax: (312)886-5824.
Mail: You may send written comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Hand delivery: Deliver your comments to: John M. 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-OH-
0005. 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 IV of the SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the electronic docket are listed in the
RME index at http://docket.epa.gov/rmepub/. Although listed in the
index, some
[[Page 46128]]
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 in hard copy at
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. We recommend that
you telephone John Summerhays at 312-886-6067 before visiting the
Region 5 office. This facility is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays.
U.S. Environmental Protection Agency, Region 5, Air and Radiation
Division (AR-18J), 77 West Jackson Boulevard, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: John Summerhays, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, Region 5, Chicago, Illinois 60604, (312) 886-6067,
[email protected].
SUPPLEMENTARY INFORMATION:
This notice is organized as follows:
I. Background of State Submittal
A. Does this action apply to me?
B. What did Ohio submit?
II. Review of Cleveland Area Emission Limits
A. Did Ohio Use Appropriate Emissions Estimates?
B. Did Ohio Conduct an Appropriate Modeling Analysis?
III. Summary of EPA Action
IV. Procedures for Commenting
A. How can I get copies of this document and other related
information?
B. How and to whom do I submit comments?
V. Statutory and Executive Order Reviews
I. Background of State Submittal
A. Does This Action Apply to Me?
This action addresses particulate matter in Cuyahoga County, Ohio.
Thus, this action applies to you if you have an interest in particulate
matter air quality in Cuyahoga County.
B. What Did Ohio Submit?
Ohio submitted several revisions to its particulate matter
regulations on July 18, 2000. These revisions generally addressed
appeals by affected industries of the regulations that Ohio adopted in
1991. The revisions amended several rules with statewide applicability,
particularly affecting the requirements for utilities and for iron and
steelmaking facilities, and further amended the requirements for
several specific facilities in the Cleveland and Steubenville areas.
EPA proposed rulemaking on most of these revisions on December 2,
2002, at 67 FR 71515. That notice of proposed rulemaking provided a
more detailed discussion of the background and contents of Ohio's
submittal. At that time, EPA deferred rulemaking on the Cleveland area
emission limits pending receipt of a further assessment of the impact
of the revisions on attainment of the annual air quality standard for
particles 10 microns and smaller, known as PM10. EPA also
solicited further information from Ohio concerning the emissions of
selected sources in the area.
Ohio submitted a revised modeling analysis of air quality impacts
on February 12, 2003. Ohio provided further emissions documentation on
January 7, 2004, and February 1, 2005, and provided a final modeling
analysis on April 21, 2005. With this information, EPA is now proposing
rulemaking on the remainder of Ohio's July 2000 submittal, specifically
addressing emission limit revisions in the Cleveland area. EPA
anticipates publishing a single final rulemaking that addresses the
entire Ohio submittal.
II. Review of Cleveland Area Emission Limits
Ohio revised emission limits for Ford Motor Company, General
Chemical Corporation, and International Steel Group (ISG, formerly LTV
Steel) facilities in the area. Some of these revisions affected
numerical emission limits of units at these facilities. In addition,
the revised rules provide modified approaches to regulating fugitive
emissions from roadways, parking areas, and storage piles for the Ford
Motor Company and ISG facilities.
The principal criterion for reviewing these revisions is whether
the revised limits continue to provide for attainment of the
PM10 standards. Ohio's July 2000 submittal included a
modeling analysis seeking to demonstrate that the revised limits
continue to yield concentrations below both the 24-hour average
standard and the annual average standard even if sources emit at their
maximum capacity. Ohio submitted further information addressing annual
average modeling results by letter dated February 12, 2003, and by
electronic mail dated March 24, 2003. Ohio provided further information
on selected emission rates by memoranda dated January 7, 2004, and
February 1, 2005, and provided further modeling information by
electronic mail dated April 21, 2005. The review of Ohio's revisions
primarily involves reviewing this modeling demonstration that the
revised limits continue to provide for attainment. The next section of
this notice reviews the emissions estimates used in this analysis,
followed by a section that reviews the modeling analysis.
One other relevant criterion is whether the limitations in Ohio's
rules are enforceable. In general, these rules impose the same types of
limitations as did previous rules; these rules raise no new issues
regarding enforceability. EPA believes that these regulations are fully
enforceable.
A. Did Ohio Use Appropriate Emissions Estimates?
The revised limitations address both stack sources and fugitive
sources of air emissions. For the stack sources, the emissions to be
input into the model simply reflect the applicable emissions limit,
which defines the maximum allowable emissions for these sources. To be
precise, since the adopted regulations limit total suspended
particulate matter (TSP) emissions while the modeling assesses
PM10 concentrations, the model input reflects the
PM10 emissions expected when the source is emitting TSP at
the allowable level. Thus, the modeled emissions reflect subtraction of
emissions of particles larger than 10 micrometers and addition where
estimates can be made of emissions of condensible particles that are
PM10 but are not measured by the applicable TSP test method.
For the fugitive sources, the emissions associated with the
applicable limits are more difficult to assess. The fugitive sources
subject to revised limits in Cuyahoga County include the paved and
unpaved roadways and parking areas as well as the storage piles at the
Ford and ISG facilities. At the Ford facility, the limit for paved
roadways and parking areas was changed from one minute of visible
emissions per hour to five percent opacity, based on an average of
three readings for each of four vehicle passes. For the Ford facility's
unpaved roadways and parking areas, the revised rules allow Ford to opt
(with at least 30 days' notice) to be subject to either the prior limit
of 13 minutes of visible emissions per hour or an alternative
requirement for a specified set of emission control practices. For the
Ford facility's storage piles, the revised rules allow Ford to opt
(again with at least 30 days' notice) to be subject either to the prior
limit of 13 minutes of visible emissions per hour or an alternative
limit of 20 percent opacity.
For unpaved roadways and parking areas at the ISG facility, the
revised rules replace the former limit of three minutes of visible
emissions with a limit of five percent opacity, averaged over three
readings from each of four vehicle passes. Similarly for paved roadways
and parking areas at ISG, the
[[Page 46129]]
revised rules replace the former limit of one minute per hour of
visible emissions with a limit of five percent opacity, again averaged
over three readings from each of four vehicle passes. For storage piles
at ISG, the revised rules replace the prior limit of one minute visible
emissions per hour with a limit of 20 percent opacity for material
handling and 10 percent for wind erosion (based on a 3-minute average)
and 10 percent opacity for vehicle operation on storage piles (based on
3 readings for each of four vehicle passes).
With the exception of the limits at storage piles at the ISG
facility, Ohio believes that the new limits are equivalent to the
former limits. For the various options that the rules provide the Ford
facility, Ohio's submittal reflects a view that Ford is in each case
given a choice between two equivalent options. EPA concurs that, again
with the exception of the ISG storage pile limits, the revised rules
have approximately equivalent stringency as the former rules.
Therefore, Ohio may appropriately assume the same emission levels for
these sources in its attainment demonstration as it used in its 1991
SIP.
With the ISG facility's storage piles, on the other hand, a revised
emission estimate is necessary. These estimates are difficult to make,
in part due to the limited information available on fugitive emissions
at specified opacity levels. Ohio estimated that, as compared to the 90
percent control required by the prior limit, the revised limits require
a 75 percent reduction from uncontrolled emission levels. EPA believes
this provides an appropriate estimate of allowable emissions from these
sources.
EPA reviewed the emissions values used in the modeling analysis and
requested further documentation of the values used for selected
emission points at the Ford and ISG facilities. Ohio provided this
documentation on January 7, 2004 (addressing the Ford facility), and
February 1, 2005 (addressing the ISG facility). The remainder of this
section reviews issues arising in this supplemental documentation.
A first issue concerns use of actual rather than allowable emission
rates. For PM10 attainment plans, for most emission points,
EPA guidance calls for use of maximum allowable emissions. At a pair of
emission points at the ISG facility, Ohio used actual emissions levels.
These two emission points are the combustion stacks for a pair of coke
batteries that were both shut down about 10 years ago and thus
currently have zero emissions.
In effect, EPA guidance for PM10 attainment plans
mandates modeling the maximum quantity of emissions that the source in
its existing configuration is allowed to emit. If the source is
modified, the new source review rules protect against significant
adverse impacts: if the modification increases emissions enough to have
potential for more than de minimis air quality impact, then explicit
steps must be taken to address the impact.
For these coke combustion stacks, one scenario would be a
resumption of operations. Such a resumption would likely trigger permit
review, including reassessment of whether the permit limits continue to
assure attainment of the PM10 air quality standards.
A more likely scenario would be for the emission reductions from
the shutdown of the coke batteries to be used to compensate for another
emission increase at the plant, i.e. to use the reductions as ``netting
credits'' to show that the facility has no more than a de minimis net
increase in emissions notwithstanding the other emission increase. The
quantity of ``netting credits'' is limited to the actual emissions of
the source when it was in operation, not its allowable emissions.
Consequently, for these two emission points, the appropriate baseline
is their former actual emission level rather than the allowable
emission level, since the actual emission level is the baseline above
which emission increases will either be judged to be de minimis or
trigger the full set of new source review requirements including air
quality impact protection. Thus, for these emission points, it is
appropriate to model their former actual emissions.
EPA reviewed the additional documentation on emissions at the Ford
facility, submitted to EPA on January 7, 2004, and concluded that
emissions at this facility were properly estimated. On the other hand,
the documentation submitted on February 1, 2005 identifies errors in
the emissions values that had been used in the modeling analyses for
ISG's Number 2 Basic Oxygen Furnace scrubber stack and for the General
Chemical facility. The modeling provided by Ohio on April 21, 2005
corrects these errors. EPA concludes that the emission estimates used
in the April 21, 2005 modeling provide a proper basis for assessing
whether Ohio's emission limits assure attainment of the PM10
standard.
B. Did Ohio Conduct an Appropriate Modeling Analysis?
Ohio's modeling analysis in many ways resembled the modeling for
the 1991 SIP which EPA ultimately approved on June 12, 1996 (61 FR
29662). In general, emission inputs were identical to those in the 1991
SIP except for those emissions expected to change as a result of
modified emission limits. The meteorological data were the same as in
the 1991 SIP, again using surface data from Cleveland and upper air
data from Buffalo from the 5-year period from 1983 to 1987.
Ordinarily, states are required to use the most recent available 5
years of meteorological data. This guidance is intended to assure an
unbiased selection of meteorological data. At the time of the 1991 SIP,
Ohio's meteorological data were the most recent available data. EPA
believes that it is not necessary to use more recent meteorological
data in this case. In a multi-source context such as Cleveland, for a
pollutant such as PM10 where source impacts are relatively
localized, the most likely effect of changing the meteorological data
set is to have a mix of results in which some sources have larger
estimated impacts and other sources have smaller estimated impacts.
This in turn would suggest that some sources would need lower emission
limits and other sources could have higher emission limits. Overall,
however, EPA has no reason to expect the use of an updated
meteorological data set to provide a more protective set of emission
limits in these circumstances. Since most emissions sources in the area
are not becoming subject to new emission limits, EPA believes that to
require use of new meteorological data to review existing emissions
limits would be disruptive, resource intensive and not warranted. EPA
seeks to assure that the meteorological data provide an unbiased basis
for assessing the adequacy of the area's emission limits for assuring
attainment of the clean air standards, and we believe that the existing
meteorological data satisfy this purpose in these circumstances.
Although inputs in the State's analysis were largely the same as in
the 1991 analysis (other than emission rates allowed to change by new
limits), Ohio used an updated dispersion model. Specifically, Ohio used
the Industrial Source Complex-Short Term-3 (ISCST3, Version 99155) in
this analysis, as compared to ISC in the 1991 analysis. This change is
warranted in order to take advantage of the improvements in analytical
tools in the newer model.
One improvement in the newer model is the ability to model large
area sources. Ohio's 1991 analysis addressed large area sources by
using a separate model called RAM. Unfortunately, RAM was only able to
predict short term average concentrations. The modeling in Ohio's July
2000 submittal matched its 1991 modeling by considering large area
[[Page 46130]]
source impacts in assessing 24-hour average concentrations but not in
assessing annual average concentrations. Ohio then conducted further
modeling, including these large area sources in the assessment of
annual average concentrations, modeling which it submitted on February
12, 2003.
Ohio's annual average modeling included two steps. First, Ohio
modeled all sources, including the large area sources, at full capacity
operation, estimating concentrations at numerous receptor sites. At one
site near Ford and two sites near ISG, estimated concentrations
exceeded the annual standard for selected modeled years.
As a second step, Ohio further assessed concentrations at these
three receptor sites, using emission rates adjusted in accordance with
EPA modeling guidance to consider the percent of time that sources are
not operating and thus not emitting. Consistent with EPA guidance, Ohio
obtained this information for the last two years. Ohio found that the
Ford facility is routinely shut down for several days a year. In 2001
and 2002, the facility was shut down for an average of 29.5 days,
indicating that annual emissions from all its emission points could be
modeled at (365-29.5)/365 or 0.92 times the emission rate used in the
modeling of 24-hour average concentrations. For the ISG facility, Ohio
obtained further information on hours of operations of a barge
unloading source, and modeled with emissions adjusted to reflect this
usage information for this source. Ohio's analysis using these adjusted
emission rates showed concentrations below 50 [mu]g/m3 for
all receptors for all modeled years, with the highest year's annual
average at these receptors found to be 49.8 [mu]g/m3, 48.0
[mu]g/m3, and 42.7 [mu]g/m3, respectively. More
importantly, the 5-year average concentrations were found to be 40.7
[mu]g/m3, 47.2 [mu]g/m3, and 40.1 [mu]g/
m3 at the receptor near the Ford facility and the two
receptors near the ISG facility, respectively.
Ohio did not directly address annual average PM10
concentrations with an emissions inventory that corrects the errors
identified in Ohio's submittal of February 1, 2005. However, Ohio's
analyses of 24-hour PM10 concentrations demonstrate that
correction of these errors does not affect estimated short term average
concentrations by more than 0.4 [mu]g/m3. The effect on
annual average concentrations would be even less. Therefore, EPA
concludes that Ohio has provided adequate evidence that the rules it
submitted assure that the emissions allowed under the rules will not
cause violations of the annual PM10 standard.
The most relevant modeling analysis relative to the 24-hour
PM10 standard is the modeling that Ohio submitted April 21,
2005, reflecting corrected emission rates appropriate for assessing
whether the limits in the submitted rules assure attainment of the
standard. This analysis again shows the highest concentrations to be
near the Ford facility and the ISG facility. Since this standard allows
1 expected exceedance of 150 [mu]g/m3 per year, the critical
question is whether the sixth highest concentration at any receptor
across the 5 years that were modeled exceeds 150 [mu]g/m3.
The highest of the sixth highest concentrations at receptors near the
Ford facility is 147.4 [mu]g/m3. The highest of the sixth
highest concentrations at receptors near the ISG facility is 143.6
[mu]g/m3. Concentrations estimated elsewhere are lower,
usually substantially lower. Consequently, based on this analysis, EPA
concludes that Ohio's regulations continue to assure attainment of the
PM10 standards in Cuyahoga County. Since the regulations are
also fully enforceable, EPA concludes that it may propose to approve
these regulations as continuing to meet relevant requirements.
III. Summary of EPA Action
EPA is proposing to approve the limits for Cuyahoga County sources
contained in the particulate matter rules that Ohio submitted July 18,
2000. These limits are primarily contained in Rule 3745-17-12 of Ohio
Administrative Code, but also include Rule 3745-17-07(B)(9) and
(B)(10), related provisions in Rule 3745-17-08 (providing revised
limits on fugitive dust at the Ford facility), and Rule 3745-17-
11(B)(6) (limiting emissions from ISG's 84-inch mill reheat furnaces).
EPA is also proposing to approve the compliance schedules contained in
Rule 3745-17-04 for sources with revised limits.
IV. Procedures for Commenting
A. How Can I Get Copies of This Document and Other Related Information?
1. The Regional Office has established an electronic public
rulemaking file available for inspection at RME under ID No. R05-OAR-
2005-OH-0005, and a hard copy file which is available for inspection at
the Regional Office. The official public file consists of the documents
specifically referenced in this action, any public comments received,
and other information related to this action. Although a part of the
official docket, the public rulemaking file does not include CBI or
other information whose disclosure is restricted by statute. The
official public rulemaking file is the collection of materials that is
available for public viewing at the Air Programs Branch, Air and
Radiation Division, EPA Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604. EPA requests that, if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
2. Electronic Access. You may access this Federal Register document
electronically through the regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the
Government's legal newspaper, and that are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or on paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.
B. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking Region 5 Air Docket R05-OAR-
2005-OH-0005'' in the subject line on the first page of your comment.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments. Submit comments to John Mooney at the email or street address
given in the ADDRESSES section at the beginning of this notice.
[[Page 46131]]
V. Statutory and Executive Order Reviews
Executive Order 12866; Regulatory Planning and Review
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.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' 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).
Regulatory Flexibility Act
This proposed action merely proposes to approve state law as
meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law. Accordingly, the Administrator
certifies that this proposed 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.).
Unfunded Mandates Reform Act
Because this rule proposes to approve 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).
Executive Order 13175 Consultation and Coordination With Indian Tribal
Governments
This proposed 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).
Executive Order 13132 Federalism
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 proposes to approve 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.
Executive Order 13045 Protection of Children From Environmental Health
and Safety Risks
This proposed 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.
National Technology Transfer Advancement Act
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.
Paperwork Reduction Act
This proposed 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.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: July 27, 2005.
Norman Niedergang,
Acting Regional Administrator, Region 5.
[FR Doc. 05-15747 Filed 8-8-05; 8:45 am]
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