p.1 

OAR Box 1796 

Prepped by Keeia Richards 

Document Number: 

15) FED REG VOL 61 NO 208 OCTOBER 

25,1996 

Docket Number: 

A-90-37 

Printed 10/31/2008 4:20:37 PM Sheet 15 of 107 
P.2 

A *- fy-i% " . . 

55252 Federal Register / Vol. 61, No. 208 / Friday, October 25, 1996 / Proposed Rules 

Latitude 

34°23.75' N 

Longitude 

120°52.45'W 

(b) A traffic lane for westbound traffic 

between the separation zone and a line 

connecting the following geographical 

positions: 

Latitude. 

34°21.80'N 

34°26.6C. N 

Longitude 

120°29.90'W 

120°51.45'W 

(c) A traffic lane for eastbound traffic 

between the separation zone and a line 

connecting the following geographical 

positions: 

Latitude 

34°18.00'N 

34°22.80' N 

Longitude 

120°31.10'W 

120°52.70'W 

(d) A precautionary area be 

established, bounded to the west by the 

arc of a circle of radius four miles 

centered upon the following 

geographical positions: 

Latitude Longitude 

34°25.80'N 120°56.50'W 

and connecting the following geographical 

' position: 

34°22.80'N 120°52.70'W 

34°26.60'N 120°51.45'W 

The precautionary area be bounded to, 

the east by a line connecting the 

following geographical positions: 

Latitude 

34°22.80' N 

34°26.60' N 

Longitude 

120°52.70'W 

120°51.45'W 

In addition to the recommended 

changes to the San Francisco and Santa 

Barbara Channel TSS's, nautical charts 

depicting the San Francisco TSS should 

be amended to conform with approved 

IMO descriptions as follows: 

(1) Rename the Main Approach TSS 

segment as the Western Approach; 

(2) Redesignate the separation zone in 

the center of the circular precautionary 

area as an ATBA; and 

(3) Define the eastern boundary of the 

precautionary area by a line connecting 

the following geographic positions: 

Latitude ' 

37°42.70' N 

37°45.90' N 

37°50.30' N 

Longitude 

122°34.60'W 

122°38.00'W 

122°38.00'W 

Datum: NAD 83. 

The Coast Guard will publish a notice 

of proposed rulemaking in the Federal 

Register to solicit public comment on 

the recommended changes to the 

existing routing measures, and take 

necessary action at IMO. 

Dated: October 15,1996. 

J.C. Card, 

Bear Admiral, U.S. Coast Guard, Chief, 

Marine Safety and Environmental Protection.. 

[FR Doc. 96-27486 Filed 10-24-96; 8:45 am] 

BILLING CODE 4910-14-M 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Chapter I 

[FRL-5640-6] 

Definition of Solid Waste and 

Hazardous Waste Recycling; Notice of 

Public Meeting 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of meeting. 

SUMMARY: The Environmental Protection 

Agency (EPA) will hold a public 

meeting on November 19,1996 to make 

information available on a project 

underway to revise the RCRA 

regulations governing hazardous waste 

recycling. Under the authority of the 

Resource Conservation and Recovery 

Act (RCRA), the Environmental 

Protection Agency (EPA) has 

promulgated regulations governing 

management of hazardous waste. Parts 

of these regulations govern hazardous 

waste recycling. Specifically, the 

portion of the regulations known as the 

Definition of Solid Waste (DSW) (40 

CFR 261.2) specifies whether hazardous 

materials that are recycled are more 

"waste-like" (i.e., solid wastes) and thus 

subject to RCRA regulation, or whether 

such materials are more "product-like" 

and not subject to regulation. Other 

parts of the regulations set forth 

requirements-for regulating hazardous 

waste recycling (40 CFR 261.6, Part 

266). The current hazardous waste 

recycling regulations were first 

promulgated on January 4,1985 (5.0 FR 

614). 

EPA is working on a rulemaking to 

modify the current federal hazardous 

waste recycling scheme to meet two 

goals: develop a clearer, simpler 

regulatory system for hazardous waste 

recycling that adequately protects 

human health and the environment; and 

to remove disincentives to the safe 

recycling of hazardous waste. The 

intended result of this project is a 

simpler RCRA program, where 

definitions and requirements more 

precisely capture the materials and 

practices Congress intended to regulate 

in passing the Act. 

The purpose of this meeting is for 

EPA to present and explain the draft 

rulemaking options the Agency is 

currently considering. The intent is to 

allow parties outside the government to 

begin as early in the process as possible, 

to formulate its thoughts on the 

proposal in order to allow time for 

interested parties to fully develop 

comments to be completed during the 

comment period. The Agency believes 

that the issues involved in this project 

are complex and difficult enough that 

this early introduction to the Agency's 

direction will benefit the regulated 

community by allowing early discussion 

among interested parties and will 

benefit the Agency by resulting in more 

fully formulated reactions to the 

proposal in comments. EPA will answer 

clarifying questions. Time may be 

limited, however, depending on the 

number of participants and questions. 

EPA anticipates publishing the 

proposed rulemaking in Spring of 1997. 

Because the Agency believes that a full 

dialog among the members of the 

regulated community is critical to 

receiving the best comment possible, 

EPA plans to allow a 90 day comment 

period for proposal and to hold public 

meetings during the comment period to 

discuss the proposal in detail. Written 

materials will be handed out at the 

meeting. These materials will not be 

available prior to the meeting. 

DATES: The Public meeting will be held 

on November 19,1996 from 8:30 am to 

12:30 pm. 

ADDRESSES: The public meeting will be 

held at the Airport Hilton, 2399 

Jefferson Davis Highway, Arlington 

Virginia, 22202, 703 418-6800. 

FOR FURTHER INFORMATION CONTACT: 

For general infonnation, contact the 

RCRA Hotline at 800 424-9346 or TDD 

800 553-7672 (hearing impaired). In tho 

Washington, DC, metropolitan area, call 

703 412-9810 or TDD 703 412-3323. 

Dated: October 17,1996. 

Michael Shapiro, 

Director, Office of Solid Waste. 

[FR Doc. 96-27469 Filed 10-25-96; 8:45 nm 

BILLING CODE 6560-SO-P-M 

40 CFR Parts 51 and 52 

[AD-FRL-5641-2] ^ ^ 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR) \ 

AGENCY: Environmental Protectiorrr—j«^ 

Agency (EPA). ^ ' X 
P.3 

Federal Register / Vol: 61, No. 208 / Friday, October 25, 1996 / Proposed Rules 55253 

ACTION: Proposed rulemaking; 

Reopening of comment period. 

SUMMARY: The EPA is hereby extending 

by 45 days, die closing date of the 

public comment period regarding EPA's 

proposed rulemaking, known as the 

NSR Reform Rulemaking, published on 

July 23,.1996 at 61 FR 38249. The 

original comment period was to close on 

October 21,1996. The new closing date 

will be December 5,1996. The NSR 

Reform rulemaking proposes to revise 

regulations for the approval and 

promulgation of implementation plans 

and the requirements for preparation, 

adoption, and submittal of > 

implementation plans governing the 

NSR programs mandated by parts G and 

D of title I of the Glean Air Act. Industry 

groups, State and local permitting 

agencies, and others have asked for an 

extension due to the complex issues 

addressed by the proposed rulemaking 

and the number of revisions that were 

proposed. All comments received by the 

EPA on or prior to December 5,1996 

will be considered in the development 

of final regulations. 

DATES: Comments. All public comments 

regarding EPA's proposed rulemaking 

on July 23, 1996 must be received by 

EPA on or before close of business 

December 5,1996. K 

ADDRESSES: Comments. All comments, ^ 

should be addressed to the EPA Air vBJ 

Docket No. A^gfl^^EPA Air Docket ,E 

(6102), Room M-1500, 401 M Street, *> 

" Southwest, Washington, DC 20460. ^ 

Copies of comments on the information^ 

collection requirements should also be , 

sent to the Director, Office of Policy, 1 

Planning, and Evaluation, Regulatory ^ L 

Information Division, U.S.. SL 

Environmental Protection Agency 

(2136), 401 M Street, Southwest, 

Washington, DC 20460; and a copy to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, 725 17th Street, Northwest, 

Washington, DC 20503, marked 

"Attention: Desk Officer for EPA." 

Include the Information Collection 

Request number in any correspondence. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Crumpler, Information Transfer 

and Program Integration Division (MD12), Office of Air Quality Planning and 

Standards, U.S. EPA, Research Triangle 

Park, North Carolina 27711, telephone 

(919) 541-0871, telefax (919) 541-5509. 

INSPECTION OF DOCUMENTS: Documents 

related to the NSR Reform Rulemaking, 

are available for public inspection in 

EPA Air Docket No. A-90-37. The 

docket is available for public inspection 

and copying between 8:30 a.m. to 12 

noon and 1:30 to 3:30 p.m., weekdays, 

at the EPA's Air Docket (6102),.Room 

M-1500, 401 M Street, SW., 

Washington, DC 20460. A reasonable fee 

may be charged for copying. 

Dated: October 18,1996. 

John S. Seitz, 

Director, Office of Air Quality Planning and 

Standards. 

[FR Doc. 96-27471 Filed 10-24-96; 8:45 am] 

BILLING CODE 6560-50-P 

40 CFR Part 52 

[PA 088-4033; FRL-6640-3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Disapproval of the 

Reasonable-Further-Progress Plan for 

the 1996-1999 Period for the 

Philadelphia Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to * 

disapprove the State Implementation 

Plan (SIP) revision submitted by the 

Commonwealth of Pennsylvania (for the 

Philadelphia ozone nonattainment area) 

to meet the rate-of-progress (ROP) 

requirements under the Clean Air Act 

(the Act). Under these requirements, 

states must demonstrate a 3% reduction 

of volatile organic compounds (VOCs) 

per year for a three year period between 

1996 and 1999. EPA is proposing 

disapproval because the ROP plan 

submitted by Pennsylvania for the 

Philadelphia area projects emissions 

reductions only for control strategies to 

the 2005 time frame, rather than for the 

1999 and 2002 interim milestone years, 

per the ROP requirements of the Act. 

Several of these measures have not been 

fully adopted or have been stayed or 

replaced by the Commonwealth. 

Additionally, the Commonwealth has 

not calculated emissions target level to 

be achieved in 1999 (or for 2002) to 

ensure attainment of reasonable-furtherprogress toward attainment by the . 

statutory deadline. Finally, the 1990 

emissions inventory estimates provided 

in the Commonwealth's plan for ROP 

for the period from 1996-1999 vary 

substantially from the inventory 

submitted as the Commonwealth's 

official 1990 base year inventory. That 

VOC base year inventory was formally 

revised in September of 1996. This 

inventory superseded all previous 1990 

base year inventories submitted by the 

Commonwealth for Philadelphia— 

including the one contained in the ROP. 

plan for the period from 1996 to 1999. 

This rulemaking action is being taken 

under section 110 of the Clean Air Act. 

DATES: Comments must be received on 

or before November 25,1996. 

ADDRESSES: Comments may be mailed to 

David L. Arnold, Chief, Ozone and 

Mobile Sources Section, Mailcode 

3AT21, U.S. Environmental Protection 

Agency, Region III, 841 Chestnut 

Building, Philadelphia, Pennsylvania 

19107. Copies of the documents relevant 

to this action are available for public 

inspection during normal business 

hours at the Air, Radiation, and Toxics 

Division, U.S. Environmental Protection 

Agency, Region III, 841 Chestnut 

Building, Philadelphia, Pennsylvania 

19107. Persons interested in examining 

these documents should schedule an 

appointment with the contact person 

(listed below) at least 24 hours boforo 

the visiting day. Copies of tho 

documents relevant to this action are 

also available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality, P.O. 

Box 8468, 400 Market Street, Harrisburg, 

Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Brian K. Rehn, Ozone and Mobile 

Sources Section (3AT21), USEPA— 

Region III, 841 Chestnut Building. 

Philadelphia, Pennsylvania 19107. or by 

telephone at: (215) 566-2176. Questions 

may also be sent via e-mail, to: 

Rehn.Brian@epimiail.epa.gov (Please 

note that only written comments can bo 

accepted for inclusion in the docket.) 

SUPPLEMENTARY INFORMATION: 

Introduction—Clean Air Act 

Requirements 

Reasonable-Further-Progress 

Requirements 

Section 182(c)(2) of the Clean Air Act 

(the Act), as amended by Congress in 

1990, requires each state having one or 

more ozone nonattainment areas 

classified as serious or worse to develop 

a plan (for each subject area) that 

provides for actual VOC reductions of at 

least 3 percent per year averaged over 

each consecutive 3-yoar period, 

beginning six years after enactment of, 

the Act, until such time as these areas 

have attained the National Ambient. Air 

Quality Standard (NAAQS) for ozone. 

These plans are referred to hereafter as 

post-1996 rate-of-progress plans (or 

post-96 ROP plans). The first of these 

ROP plans, for the 3-year period from 

1996-1999, was due to be submitted to 

EPA as a SIP revision by November 15, 

1994. 

The Act also mandates a 15 percent 

VOC emission reduction, net of growth, 

between 1990 and 1996. That SIP