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Federal Register / Vol. 70, No.

130 / Friday, July 8, 2005 / Proposed Rules 39457

[FR Doc. 05–13480 Filed 7–7–05; 8:45 am] timely withdrawal of the direct final at the office of the Chief Executive
BILLING CODE 6560–50–P rule and address the comments in Officer of each community. The
subsequent action based on this respective addresses are listed in the
proposed rule. Please note that if we table below.
ENVIRONMENTAL PROTECTION receive adverse comment on an FOR FURTHER INFORMATION CONTACT:
AGENCY amendment, paragraph, or section of Doug Bellomo, P.E., Hazard
this rule and if that provision may be Identification Section, Mitigation
40 CFR Part 63 severed from the remainder of the rule, Division, Emergency Preparedness and
[AZ–NESHAPS–131b; FRL–7935–1] we may adopt as final those provisions Response Directorate, Federal
of the rule that are not the subject of an Emergency Management Agency, 500 C
Delegation of National Emission adverse comment. Street SW., Washington, DC 20472,
Standards for Hazardous Air Pollutants We do not plan to open a second
(202) 646–2903.
for Source Categories; State of comment period, so anyone interested
Arizona; Pima County Department of in commenting should do so at this SUPPLEMENTARY INFORMATION: FEMA
Environmental Quality; State of time. If we do not receive adverse proposes to make determinations of
Nevada; Nevada Division of comments, no further activity is BFEs and modified BFEs for each
Environmental Protection planned. For further information, please community listed below, in accordance
see the direct final action. with Section 110 of the Flood Disaster
AGENCY: Environmental Protection Protection Act of 1973, 42 U.S.C. 4104,
Authority: This action is issued under the
Agency (EPA). authority of Section 112 of the Clean Air Act, and 44 CFR 67.4(a).
ACTION: Proposed rule. as amended, 42 U.S.C. 7412. These proposed BFEs and modified
Dated: June 24, 2005. BFEs, together with the floodplain
SUMMARY: Pursuant to section 112(l) of management criteria required by 44 CFR
the 1990 Clean Air Act, EPA granted Deborah Jordan,
60.3, are the minimum that are required.
delegation of specific national emission Director, Air Division, Region IX.
They should not be construed to mean
standards for hazardous air pollutants [FR Doc. 05–13484 Filed 7–7–05; 8:45 am]
that the community must change any
(NESHAPs) to the Pima County BILLING CODE 6560–50–P
existing ordinances that are more
Department of Environmental Quality stringent in their floodplain
(PDEQ) and the Nevada Division of management requirements. The
Environmental Protection on December DEPARTMENT OF HOMELAND community may at any time enact
28, 2004, and April 15, 2005, SECURITY stricter requirements of its own, or
respectively. EPA is proposing to revise pursuant to policies established by other
regulations to reflect the current Federal Emergency Management
Federal, State, or regional entities.
delegation status of NESHAPs in Agency
These proposed elevations are used to
Arizona and Nevada. meet the floodplain management
DATES: Any comments on this proposal
44 CFR Part 67
requirements of the NFIP and are also
must arrive by August 8, 2005. [Docket No. FEMA–B–7453] used to calculate the appropriate flood
ADDRESSES: Send comments to Andrew insurance premium rates for new
Steckel, Rulemaking Office Chief (AIR– Proposed Flood Elevation buildings built after these elevations are
4), U.S. Environmental Protection Determinations made final, and for the contents in these
Agency, Region IX, 75 Hawthorne AGENCY: Federal Emergency buildings.
Street, San Francisco, CA 94105–3901, Management Agency (FEMA), National Environmental Policy Act.
or e-mail to steckel.andrew@epa.gov, or Emergency Preparedness and Response This proposed rule is categorically
submit comments at http:// Directorate, Department of Homeland excluded from the requirements of 44
www.regulations.gov. Copies of the Security. CFR Part 10, Environmental
request for delegation and other ACTION: Proposed rule. Consideration. No environmental
supporting documentation are available impact assessment has been prepared.
for public inspection at EPA’s Region IX SUMMARY: Technical information or Regulatory Flexibility Act. The
office during normal business hours by comments are requested on the Mitigation Division Director of the
appointment. proposed Base (1% annual-chance) Emergency Preparedness and Response
FOR FURTHER INFORMATION CONTACT: Mae Flood Elevations (BFEs) and proposed Directorate certifies that this proposed
Wang, EPA Region IX, (415) 947–4124, BFE modifications for the communities rule is exempt from the requirements of
wang.mae@epa.gov. listed below. The BFEs and modified the Regulatory Flexibility Act because
BFEs are the basis for the floodplain proposed or modified BFEs are required
SUPPLEMENTARY INFORMATION: This
management measures that the by the Flood Disaster Protection Act of
document concerns the delegation of community is required either to adopt
unchanged NESHAPs to the Pima 1973, 42 U.S.C. 4104, and are required
or to show evidence of being already in to establish and maintain community
County Department of Environmental effect in order to qualify or remain
Quality and the Nevada Division of eligibility in the NFIP. No regulatory
qualified for participation in the flexibility analysis has been prepared.
Environmental Protection. In the Rules National Flood Insurance Program
and Regulations section of this Federal Regulatory Classification. This
(NFIP).
Register, EPA is amending regulations proposed rule is not a significant
to reflect the current delegation status of DATES: The comment period is ninety regulatory action under the criteria of
NESHAPs in Arizona and Nevada. EPA (90) days following the second Section 3(f) of Executive Order 12866 of
is taking direct final action without publication of this proposed rule in a September 30, 1993, Regulatory
prior proposal because the Agency newspaper of local circulation in each Planning and Review, 58 FR 51735.
believes these actions are not community. Executive Order 12612, Federalism.
controversial. If we receive adverse ADDRESSES: The proposed BFEs for each This proposed rule involves no policies
comments, however, we will publish a community are available for inspection that have federalism implications under

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