Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Rules and Regulations 20237

6See ‘‘Section 182(f) Nitrogen Oxides (NOX)

Exemptions—Revised Process and Criteria’’, issued

by John S. Seitz, Director, Office of Air Quality

Planning and Standards (MD–10), May 27, 1994.

EPA,6 section 182(f) exemptions are

granted on a contingent basis and last

for only as long as the area’s monitoring

data continue to demonstrate

attainment. Monterey Bay is required to

continue to operate an appropriate air

quality monitoring network, in

accordance with 40 CFR part 58, to

verify the attainment status of the area.

If, prior to redesignation of the area to

attainment, a violation of the ozone

NAAQS is monitored in Monterey Bay

(consistent with the requirements

contained in 40 CFR part 58 and

recorded in AIRS), the section 182(f)

exemption would no longer apply, as of

the date EPA makes a determination

that a violation has occurred. EPA

would notify the area that the

exemption no longer applies, and would

also provide notice to the public in the

Federal Register. If the exemption is

revoked, the area must comply with any

applicable NOX requirements set forth

in the CAA. Thus, a determination that

the NOX exemption no longer applies

would mean that the applicable NOX

NSR, general and transportation

conformity, and I/M provisions would

immediately be applicable (see 58 FR

63214 and 58 FR 62188) in Monterey

Bay.

If Monterey Bay is redesignated to

attainment of the ozone NAAQS, NOX

RACT is to be implemented as provided

for as contingency measures in the

maintenance plan.

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 relevant statutory and

regulatory requirements.

Regulatory Process

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the EPA must

determine whether the regulatory action

is ‘‘significant’’, and therefore subject to

Office of Management and Budget

(OMB) review and the requirements of

the Executive Order. It has been

determined that this action is not a

‘‘significant regulatory action’’ under

the terms of Executive Order 12866, and

is therefore not subject to OMB review.

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 assess whether various actions

undertaken in association with

proposed or final regulations 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.

EPA’s final action relieves

requirements otherwise imposed under

the CAA and, hence does not impose

and Federal intergovernmental mandate,

as defined in section 101 of the

Unfunded Mandates Act. This action

also will not impose a mandate that may

result in estimated costs of $100 million

or more to either State, local or tribal

governments in the aggregate, or to the

private sector.

Under section 307(b)(1) of the CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by May 25, 1995. Filing a

petition for reconsideration by the

Administrator of this rule does not

affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such a rule. This action may not be

challenged later in proceedings to

enforce its requirements. Section

307(b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Dated: April 12, 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 D—California

2. Subpart F is amended by adding

§ 52.235 to read as follows:

§ 52.235 Control strategy for ozone:

Oxides of nitrogen.

EPA is approving an exemption

request submitted by the Monterey Bay

Unified Air Pollution Control District on

April 26, 1994 for the Monterey Bay

ozone nonattainment area from the NOX

RACT requirements contained in

section 182(f) of the Clean Air Act. This

approval exempts the area from

implementing the oxides of nitrogen

(NOX) requirements for reasonably

available control technology (RACT),

new source review (NSR), the related

requirements of general and

transportation conformity regulations,

and applicable inspection and

maintenance (I/M). The exemption is

based on ambient air monitoring data

and lasts for only as long as the area’s

monitoring efforts continue to

demonstrate attainment without NOX

reductions from major stationary

sources.

[FR Doc. 95–10104 Filed 4–24–95; 8:45 am]

BILLING CODE 6560–50–W

40 CFR Part 81

[CA132–1–6898; 5159–6]

California, Sacramento Ozone

Nonattainment Area, Reclassification

to Severe

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: On November 6, 1991, the

Sacramento Metro ozone nonattainment

area was classified under the Clean Air

Act (CAA) as ‘‘Serious’’ with an

attainment date of no later than 1999.

On November 15, 1994, California

submitted the State implementation

plan (SIP) for ozone attainment. For the

Sacramento Metro ozone nonattainment

area, the SIP relied on an attainment

date of 2005. On December 29, 1994, the

State submitted a revision to the SIP

which reaffirmed the 2005 attainment

date. EPA construes these submittals to

be a voluntary request for a

reclassification of the Sacramento Metro

area from a ‘‘Serious’’ to a ‘‘Severe’’

ozone nonattainment area pursuant to

section 181(b)(3) of the CAA. EPA is

granting California’s request for

reclassification of the Sacramento Metro

area to ‘‘Severe’’ in today’s document.

EFFECTIVE DATE: June 1, 1995.

ADDRESSES: Materials relevant to this

document can be found in the following

locations: EPA Air Docket Section, Attn:

Docket No. A–94–09, Environmental

Protection Agency (Mail Code—6102),

Waterside Mall, Room M–1500, 401 M

Street, S.W., Washington, DC 20460,

(phone 202–260–7549).

The docket is available for public

inspection between 8:30 a.m. and 12

noon, and between 1:30 p.m. and 3:30

p.m. EPA may charge a reasonable fee

for copying.
20238 Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Rules and Regulations

A copy of the docket is also available

for review at: Regional Administrator,

Attention: Office of Federal Planning

(A–1–2), Air and Toxics Division,

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901.

Interested persons may make an

appointment with Ms. Virginia Petersen

at (415) 744–1265, to inspect the docket

at EPA’s San Francisco office on

weekdays between 9 a.m. and 4 p.m.

Copies of this document and

associated documents are also available

for inspection at the addresses listed

below:

California Air Resources Board, 2020 L

Street, Sacramento, California

Sacramento Metropolitan Air Quality

Management District, 8411 Jackson

Road, Sacramento, California

Sacramento Area Council of

Governments, 3000 S Street, Suite

300, Sacramento, California

El Dorado County Air Pollution Control

District, 2850 Fair Lane Court, Bldg.

C, Placerville, California

Feather River Air Quality Management

District, 463 Palora Avenue, Yuba

City, California

Placer County Air Pollution Control

District, 11464 B Avenue, Auburn,

California

Yolo-Solano County Air Pollution

Control District, 1947 Galileo Court,

Suite 103, Davis, California

FOR FURTHER INFORMATION CONTACT: Julia

Barrow (415) 744–2434, at the Office of

Federal Planning (A–1–2), Air and

Toxics Division, U.S. EPA, Region IX,

75 Hawthorne Street, San Francisco,

California, 94105–3901.

SUPPLEMENTARY INFORMATION: On

November 6, 1991 (40 CFR 81.305, 56

FR 56694) the Sacramento Metro area

was classified as a ‘‘Serious’’ ozone

nonattainment area under the Clean Air

Act (CAA). A ‘‘Serious’’ ozone

classification requires that the area

attain the ozone standard as

expeditiously as practicable, but not

later than 1999.

On November 15, 1994, California

submitted the Statewide SIP for ozone

attainment. For the Sacramento Metro

ozone nonattainment area, the SIP relied

on an ozone attainment date of 2005. On

December 29, 1994, the State submitted

a revision to the SIP which reaffirmed

the 2005 attainment date request for a

reclassification of the Sacramento Metro

area from a ‘‘Serious’’ to a ‘‘Severe’’

ozone nonattainment area pursuant to

section 181(b)(3) of the CAA.

Section 181(b)(3) of the CAA provides

for ‘‘voluntary reclassification’’ and

states that ‘‘* * * [t]he Administrator

shall grant the request of any State to

reclassify a nonattainment area in that

State * * * to a higher classification’’

and that ‘‘* * * [t]he Adminstrator

shall publish a notice in the Federal

Register of any such request and of

action by the Administrator granting the

request.’’ EPA is granting California’s

request for voluntary reclassification

under section 181(b)(3) of the

Sacramento Metro area to ‘‘Severe’’ in

today’s document.

List of Subjects in 40 CFR Part 81

Environmental Protection, Air

pollution control, Hydrocarbons,

Intergovernmental relations, Oxides of

nitrogen, Ozone, Volatile organic

compounds.

Dated: February 14, 1995.

Carol M. Browner,

Administrator.

40 CFR part 81 is amended as follows:

PART 81—[AMENDED]

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. Section 81.305 is amended in the

table for California—Ozone by revising

the entry for ‘‘Sacramento Metro Area’’

to read as follows:

§ 81.305 California.

* * * * *

CALIFORNIA—OZONE

Designated area

Designation Classification

Date1 Type Date1 Type

* * * * * * *

Sacramento Metro Area .......................................................... May 25, 1995 ......... Non-attainment ............. May 25, 1995 ......... Severe.

* * * * * * *

1This date is November 15, 1990, unless otherwise noted.

* * * * *

[FR Doc. 95–10099 Filed 4–24–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 271

[FRL–5196–4]

New Mexico: Final Authorization of

State Hazardous Waste Management

Program Revisions

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final rule.

SUMMARY: The State of New Mexico has

applied for authorization of revision to

its hazardous waste program under the

Resource Conservation and Recovery

Act (RCRA). The Environmental

Protection Agency (EPA) reviewed New

Mexico’s application and determined

that its hazardous waste program

revision satisfies all of the requirements

necessary to qualify for authorization.

Unless adverse written comments are

received during the review and

comment period provided for public

participation in this process, EPA

intends to approve New Mexico’s

hazardous waste program revision

subject to the authority retained by EPA

in accordance with Hazardous and Solid

Waste Amendments of 1984. New

Mexico’s application for the program

revision is available for public review

and comment.

DATES: This authorization for New

Mexico shall be effective July 10, 1995

unless EPA publishes a prior Federal

Register (FR) action withdrawing this

immediate final rule. All comments on

New Mexico’s program revision

application must be received by the

close of business June 10, 1995.

ADDRESSES: Copies of the New Mexico

program revision application and the

materials which EPA used in evaluating

the revision are available from 8:30 a.m.

to 4 p.m., Monday through Friday at the

following addresses for inspection and

copying: New Mexico Environment

Department, 1190 St Francis Drive,

Sante Fe, New Mexico 87502, and U.S.

EPA, Region 6 Library, 12th Floor, First

Interstate Bank Tower at Fountain Place,