46220 Federal Register / Vol. 60, No. 172 / Wednesday, September 6, 1995 / Rules and Regulations

Program Director becomes aware of

events that lead him or her to believe

that a deferral agency no longer meets

the requirements for deferral or

designation, the Director should notify

the agency and request a response.

Based on the response or after a hearing,

the Program Director is authorized to

render a final determination regarding

continuation of the agency as a FEP

agency. The Commission has

determined that these decisions are

better made by the full Commission. At

its meeting on May 22, 1995, the

Commission rescinded the delegation of

authority to the Director of the Office of

Program Operations to make

determinations affecting the designation

of a State or local fair employment

practices agency as a FEP agency. As a

result of this action, the Commission is

substituting ‘‘Commission’’ or

‘‘Chairman of the Commission’’ for

‘‘Program Director, Office of Program

Operations’’ in 1601.71 and making

conforming grammatical adjustments.

This rule is not a significant

regulatory action for the purposes of

Executive Order 12866. Under the

Regulatory Flexibility Act, this rule will

not have a significant economic effect

on a substantial number of small

entities.

List of Subjects in 29 CFR Part 1601

Administrative practice and

procedure, Equal employment

opportunity, Individuals with

disabilities.

For the Commission,

Gilbert F. Casellas,

Chairman.

For the reasons set forth in the

preamble, EEOC is amending 29 CFR

part 1601 as follows:

PART 1601—[AMENDED]

1. The authority citation for part 1601

continues to read as follows:

Authority: 42 U.S.C. 2000e to 2000e–17; 42

U.S.C. 12111 to 12117.

§ 1601.70 [Amended]

2. Paragraph (b) of section 1601.70 is

amended by substituting the words

‘‘Chairman of the Commission’’ for the

words ‘‘Program Director, Office of

Program Operations’’ in the first

sentence.

3. Paragraph (e) of section 1601.70 is

amended by substituting the words

‘‘Chairman or his or her designee’’ for

the words ‘‘Program Director, Office of

Program Operations,’’ in the first

sentence.

4. Paragraph (a) of section 1601.71 is

amended by:

(a) substituting the word

‘‘Commission’’ for the words ‘‘Program

Director, Office of Program

Operations,’’; and

(b) substituting the words ‘‘the

Commission’’ for the words ‘‘he or she’’.

5. Paragraph (b) of section 1601.71 is

amended by substituting the word

‘‘Commission’’ for the words ‘‘Program

Director, Office of Program Operations,’’

in both places where it is found in the

first sentence.

6. Paragraph (c) of section 1601.71 is

amended by:

(a) substituting the word ‘‘Chairman’’

for the words ‘‘Program Director, Office

of Program Operations,’’ in the first

sentence;

(b) substituting the words ‘‘the

Chairman’’ for the words ‘‘such

Director’’ in the first sentence;

(c) substituting the word ‘‘Chairman’’

for the word ‘‘Director’’ in the second

sentence; and

(d) substituting the word

‘‘Commission’’ for the word ‘‘Director’’

in the third sentence.

[FR Doc. 95–22025 Filed 9–5–95; 8:45 am]

BILLING CODE 6750–06–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 95–7–6789a; FRL–5280–1]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision; South

Coast Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action to approve revisions to the

California State Implementation Plan

(SIP). The revisions concern rules from

the South Coast Air Quality

Management District (SCAQMD) which

control oxides of nitrogen (NOX) from

industrial, commercial, and institutional

boilers, steam generators, and process

heaters. This approval action will

incorporate these rules into the

Federally approved SIP. The intended

effect of approving these rules is to

regulate emissions of NOX in

accordance with the requirements of the

Clean Air Act, as amended in 1990

(CAA or the Act). The EPA is finalizing

the approval of these revisions into the

California SIP under provisions of the

CAA regarding EPA action on SIP

submittals, SIPs for national primary

and secondary ambient air quality

standards and plan requirements for

nonattainment areas.

DATES: This final rule is effective on

November 6, 1995 unless adverse or

critical comments are received by

October 6, 1995. If the effective date is

delayed, a timely notice will be

published in the Federal Register.

ADDRESSES: Copies of the rules and

EPA’s evaluation report of each rule are

available for public inspection at EPA’s

Region IX office during normal business

hours. Copies of the submitted rules are

available for inspection at the following

locations:

Rulemaking Section (A–5–3), Air and

Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105.

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, SW.,

Washington, D.C. 20460.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95814.

South Coast Air Quality Management

District, 21865 E. Copley Drive,

Diamond Bar, CA 91765–4182.

FOR FURTHER INFORMATION CONTACT: Mae

Wang, Rulemaking Section (A–5–3), Air

and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901, Telephone:

(415) 744–1200.

SUPPLEMENTARY INFORMATION:

Applicability

The rules being approved into the

California SIP include: SCAQMD Rule

1146, Emissions of Oxides of Nitrogen

from Industrial, Institutional, and

Commercial Boilers, Steam Generators,

and Process Heaters; and Rule 1146.1,

Emissions of Oxides of Nitrogen from

Small Industrial, Institutional, and

Commercial Boilers, Steam Generators,

and Process Heaters. These rules were

submitted by the California Air

Resources Board (CARB) to EPA on July

13, 1994.

Background

On November 15, 1990, the Clean Air

Act Amendments of 1990 (CAA or the

Act) were enacted. Pub. L. 101–549, 104

Stat. 2399, codified at 42 U.S.C. 7401–

7671q. The air quality planning

requirements for the reduction of NOX

emissions through reasonably available

control technology (RACT) are set out in

section 182(f) of the CAA. On November

25, 1992, EPA published a Notice of

Proposed Rulemaking (NPRM) entitled

‘‘State Implementation Plans; Nitrogen

Oxides Supplement to the General
Federal Register / Vol. 60, No. 172 / Wednesday, September 6, 1995 / Rules and Regulations 46221

1The Los Angeles-South Coast Air Basin Area

retained its designation of nonattainment and was

classified by operation of law pursuant to sections

107(d) and 181(a) upon the date of enactment of the

CAA. See 55 FR 56694 (November 6, 1991).

2EPA adopted the completeness criteria on

February 16, 1990 (55 FR 5830) and, pursuant to

section 110(k)(1)(A) of the CAA, revised the criteria

on August 26, 1991 (56 FR 42216).

3 Among other things, the pre-amendment

guidance consists of those portions of the proposed

post-1987 ozone and carbon monoxide policy that

concern RACT, 52 FR 45044 (November 24, 1987);

‘‘Issues Relating to VOC Regulation Cutpoints,

Deficiencies, and Deviations, Clarification to

Appendix D of November 24, 1987 Federal Register

Notice’’ (Blue Book) (notice of availability was

published in the Federal Register on May 25, 1988).

4 Rule 1146 and Rule 1146.1 will apply to

sources which are not covered in the SCAQMD

NOX RECLAIM program.

Preamble; Clean Air Act Amendments

of 1990 Implementation of Title I;

Proposed Rule,’’ (the NOX Supplement)

which describes and provides

preliminary guidance on the

requirements of section 182(f). 57 FR

55620. The NOX Supplement should be

referred to for further information on the

NOX requirements and is incorporated

into this notice of direct final

rulemaking by reference.

Section 182(f) of the Clean Air Act

requires States to apply the same

requirements to major stationary sources

of NOX (‘‘major’’ as defined in section

302 and section 182 (c), (d), and (e)) as

are applied to major stationary sources

of volatile organic compound (VOC)

emissions, in moderate or above ozone

nonattainment areas. The Los AngelesSouth Coast Air Basin Area is classified

as extreme; 1 therefore this area was

subject to section 182(f), the RACT

requirements of section 182(b)(2), and

the November 15, 1992 deadline, cited

below.

Section 182(b)(2) requires submittal of

RACT rules for major stationary sources

of VOC (and NOX) emissions (not

covered by either a pre-enactment or

post-enactment control technologies

guideline (CTG) document) by

November 15, 1992. There were no NOX

CTGs issued before enactment and EPA

has not issued a CTG document for any

NOX sources since enactment of the

CAA. The RACT rules covering NOx

sources and submitted as SIP revisions,

are expected to require final installation

of the actual NOx controls as

expeditiously as practicable, but no later

than May 31, 1995.

SCAQMD Rule 1146 and Rule 1146.1

were adopted by SCAQMD on May 13,

1994, and were submitted by CARB to

EPA on July 13, 1994. These submitted

rules were found to be complete on July

22, 1994 pursuant to EPA’s

completeness criteria that are set forth

in 40 CFR part 51, appendix V.2 By

today’s notice, EPA is taking direct final

action to approve these rules into the

Federally approved SIP.

SCAQMD Rule 1146 and 1146.1

control emissions of NOX from

industrial, commercial, and institutional

boilers, steam generators and process

heaters. NOX emissions contribute to the

production of ground level ozone and

smog. The rules were adopted as part of

SCAQMD’s efforts to achieve the

National Ambient Air Quality Standards

for ozone and in response to the CAA

requirements cited above. The following

section contains EPA’s evaluation and

final action for these rules.

EPA Evaluation

In determining the approvability of a

NOX rule, EPA must evaluate the rule

for consistency with the requirements of

the CAA and EPA regulations, as found

in section 110 and part D of the CAA

and 40 CFR part 51 (Requirements for

Preparation, Adoption and Submittal of

Implementation Plans). The EPA

interpretation of these requirements,

which forms the basis for this action,

appears in various EPA policy guidance

documents.3 Among these provisions is

the requirement that a NOX rule must,

at a minimum, provide for the

implementation of RACT for stationary

sources of NOX emissions.

For the purposes of assisting state and

local agencies in developing NOX RACT

rules, EPA prepared the NOX

Supplement to the General Preamble. In

the NOX Supplement, EPA provides

guidance on how RACT will be

determined for stationary sources of

NOX emissions. While most of the

guidance issued by EPA on what

constitutes RACT for stationary sources

has been directed towards application

for VOC sources, much of the guidance

is also applicable to RACT for stationary

sources of NOX (see section 4.5 of the

NOX Supplement). In addition, pursuant

to section 183(c), EPA is issuing

alternative control technique documents

(ACTs), which identify alternative

controls for all categories of stationary

sources of NOX. The ACT documents

will provide information on control

technology for stationary sources that

emit or have the potential to emit 25

tons per year or more of NOX. However,

the ACTs will not establish a

presumptive norm for what is

considered RACT for stationary sources

of NOX. In general, the guidance

documents cited above, as well as other

relevant and applicable guidance

documents, have been set forth to

ensure that submitted NOX RACT rules

meet Federal RACT requirements and

are fully enforceable and strengthen or

maintain the SIP.

SCAQMD Rule 1146, Emissions of

Oxides of Nitrogen from Industrial,

Institutional, and Commercial Boilers,

Steam Generators, and Process Heaters,

contains the following significant

changes from the current SIP rule:

1. Expands applicability beyond

steam generators with rated heat input

capacity (RHIC) of 50 MBtu/hr or more.

2. Lowers emission limits.

3. Adds definitions, control plan

requirements, recordkeeping,

compliance determination provisions, a

compliance schedule, and an equipment

tuning procedure.

SCAQMD Rule 1146.1, Emissions of

Oxides of Nitrogen from Small

Industrial, Institutional, and

Commercial Boilers, Steam Generators,

and Process Heaters, is a new rule

which controls emissions from units

between 2 and 5 million Btu per hour.

The major provisions of this rule

include: emission limits, recordkeeping,

compliance determination provisions, a

compliance schedule, and an equipment

tuning procedure.

For the source category of industrial,

commercial, and institutional boilers,

steam generators, and process heaters,

CARB has made a determination on the

emission levels that constitute RACT,

and CARB has published a guidance

document concerning their

determination for this source category.

EPA believes that the emission limits in

Rule 1146 and Rule 1146.1 are

consistent with guidance and policy for

making RACT determinations, and that

these limits satisfy the RACT

requirement. A more detailed

discussion of the sources controlled,4

the controls required, and the

justification for why these controls

represent RACT can be found in the

Technical Support Document (TSD) for

each rule, available from the U.S. EPA

Region IX office.

EPA has evaluated the submitted rule

and has determined that it is consistent

with the CAA, EPA regulations and EPA

policy. Therefore, SCAQMD Rule 1146

and Rule 1146.1 are being approved

under section 110(k)(3) of the CAA as

meeting the requirements of section

110(a), section 182(b)(2), section 182(f)

and the NOX Supplement to the General

Preamble.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic and

environmental factors and in relation to
46222 Federal Register / Vol. 60, No. 172 / Wednesday, September 6, 1995 / Rules and Regulations

relevant statutory and regulatory

requirements.

EPA is publishing this document

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document elsewhere in this Federal

Register, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective November 6,

1995, unless, by October 6, 1995,

adverse or critical comments are

received.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent notice that will withdraw

the final action. All public comments

received will then be addressed in a

subsequent final rule based on this

action serving as a proposed rule. The

EPA will not institute a second

comment period on this action. Any

parties interested in commenting on this

action should do so at this time. If no

such comments are received, the public

is advised that this action will be

effective November 6, 1995.

Regulatory Process

Unfunded Mandates

Under Sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘Unfunded Mandates Act’’),

signed into law on March 22, 1995, EPA

must undertake various actions in

association with proposed or final rules

that include a Federal mandate that may

result in estimated costs of $100 million

or more to the private sector or to state,

local, or tribal governments in the

aggregate.

Through submission of this state

implementation plan revision, the State

and any affected local or tribal

governments have elected to adopt the

program provided for under part D of

the Clean Air Act. These rules may bind

state, local, and tribal governments to

perform certain actions and also require

the private sector to perform certain

duties. The rules being approved by this

action will impose no new requirements

because affected sources are already

subject to these regulations under state

law. Therefore, no additional costs to

state, local, or tribal governments or to

the private sector result from this action.

EPA has also determined that this direct

final action does not include a mandate

that may result in estimated costs of

$100 million or more to state, local, or

tribal governments in the aggregate or to

the private sector.

Small Businesses

Under the Regulatory Flexibility Act,

5 U.S.C. Section 600 et seq., EPA must

prepare a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C.

sections 603 and 604. Alternatively,

EPA may certify that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

government entities with jurisdiction

over populations of less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the CAA do not

create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP-approval does

not impose any new requirements, I

certify that it does not have a significant

impact on affected small entities.

Moreover, due to the nature of the

Federal-state relationship under the

CAA, preparation of a regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A. , 427

U.S. 246, 256–66 (S. Ct. 1976); 42 U.S.C.

section 7410(a)(2).

The Office of Management and Budget

has exempted this regulatory action

from review under Executive Order

12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Nitrogen oxides, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compound.

Dated: August 8, 1995.

Felicia Marcus,

Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart F—California

2. Section 52.220 is amended by

adding paragraph (c) (198)(i)(H)(1) to

read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(198) * * *

(i) * * *

(H) South Coast Air Quality

Management District.

(1) Rule 1146 and Rule 1146.1,

adopted May 13, 1994.

* * * * *

[FR Doc. 95–21877 Filed 9–5–95; 8:45 am]

BILLING CODE 6560–50–W

40 CFR Part 52

[SD6–1–6947a and SD5–1–6191a; FRL–

5279–3]

Clean Air Act Approval and

Promulgation of State Implementation

Plan for South Dakota; Revisions to

the Air Pollution Control Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA approves the State

implementation plan (SIP) revisions

submitted by the State of South Dakota

on November 12, 1993 and March 7,

1995. EPA is replacing the existing rules

approved in the SIP with the following

chapters of the Administrative Rules of

South Dakota (ARSD), as requested by

the State: 74:36:01–74:36:04, 74:36:06;

74:36:07, 74:36:10–74:36:13, and

74:36:15, as in effect on January 5, 1995.

The State’s submittals included

revisions to the State’s definitions,

minor source construction and federally

enforceable state operating permit

(FESOP) rules, source category emission

limitations, sulfur dioxide (SO2) rules,

new source performance standards

(NSPS), new source review (NSR)

requirements for new and modified

major sources impacting nonattainment

areas, and enhanced monitoring and

compliance certification requirements.

In addition, EPA is approving the

State’s construction and operating

permit program under section 112(l) of

the Clean Air Act (Act) for the purposes

of creating federally enforceable permit

conditions for sources of hazardous air

pollutants (HAPs).

DATES: This final rule is effective on

November 6, 1995 unless adverse

comments are received by October 6,

1995. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Copies of the State’s

submittal and other information are

available for inspection during normal

business hours at the following

locations: Air Programs Branch,

Environmental Protection Agency,

Region VIII, 999 18th Street, suite 500,