27968 Federal Register / Vol. 62, No. 99 / Thursday, May 22, 1997 / Rules and Regulations

115.129(5), 115.129(6), 115.129(7),

125.129(8), 115.132(a)(4),

115.132(a)(4)(A), 115.132(a)(4)(B),

115.139(a)(1), 115.139(a)(2), New

Subchapter B: General Volatile Organic

Compound Sources, Industrial

Wastewater, Sections 115.140, 115.142,

115.143, 115.144, 115.145, 115.146,

115.147, 115.148, 115.149. Revised

115.152(a), 115.152(a)(1), 115.153,

115.155(2), 115.155(3), 115.155(8),

115.156 Introductory paragraph,

115.156(2), 115.156(2)(A)–115.156(G),

115.156(3), 115.156(3)(A), 115.157

Introductory Paragraph, 115.157(1),

115.157(2), 115.159(a), 115.159(b),

115.159(c), 115.211(a)(1)(A),

115.211(a)(1)(B), 115.211(a)(2),

115.211(a)(3), 115.212(a)(5),

115.212(a)(8), 115.212(a)(9),

115.212(a)(10), 115.212(a)(10)(A)–

115.212(a)(10)(C), 115.212(a)(11),

115.212(a)(11)(A), 115.212(a)(11)(B),

115.212(a)(12), 115.212(c), 115.213(c),

115.214(a)(1), 115.214(a)(2),

115.214(a)(3), 115.214(a)(4),

115.214(a)(5), 115.214(a)(5)(A)–

115.214(a)(5)(E), 115.214(a)(6),

115.215(a), 115.215(a)(7), 115.215(a)(8),

115.215(a)(9), 115.215(a)(10),

115.216(a)(4), 115.216(a)(5)(A),

115.216(a)(6), 115.216(a)(6)(A),

115.216(a)(6)(A)(i)–115.216(a)(6)(A)(iii),

115.216(a)(6)(B), 115.216(a)(6)(C),

115.216(a)(6)(D), 115.216(a)(7),

115.216(a)(8) 115.217(a)(3),

115.217(a)(3)(B), 115.217(a)(3)(C),

115.217(a)(4), 115.217(a)(5),

115.217(a)(6), 115.217(a)(6)(A),

115.217(a)(6)(B), 115.217(a)(7),

115.217(a)(8), 115.217(a)(8)(D),

115.217(a)(9), 115.217(a)(9)(C),

115.217(a)(10), 115.217(a)(10)(A)–

115.217(a)(10)(E), 115.217(a)(11),

115.217(a)(11)(A)–115.217(a)(11)(C),

115.217(b)(2), 115.217(c)(2),

115.219(a)(1), 115.219(a)(2),

115.219(a)(3), 115.219(a)(4),

115.219(a)(5), 115.219(a)(6), new

Sections 115.252, 115.253, 115.255,

115.256, 115.257, 115.259, revised

115.352 introductory paragraph,

115.353, 115.354 introductory

paragraph, 115.355 introductory

paragraph, 115.356 introductory

paragraph, 115.357 introductory

paragraph, 115.357(2), 115.357(9),

115.359, 115.415(a)(1)(A),

115.415(b)(1)(A), 115.416(a), 115.421(a),

115.421(a)(13), 115.421(a)(13)(A),

115.421(a)(13)(A)(I)–

115.421(a)(13)(A)(vii),

115.421(a)(13)(A)(viii),

115.421(a)(13)(A)(viii)(I),

115.421(a)(13)(A)(viii)(II),

115.421(a)(13)(A)(ix),

115.421(a)(13)(A)(x), 115.421(a)(13)(B),

115.421(a)(13)(C), 115.421(a)(13)(C)(I),

115.421(a)(13)(C)(ii), 115.422(1)(A)–

115.422(1)(C), 115.422(3), 115.422(3)(A),

115.422(3)(B), 115.429(d), 115.432(a),

115.432(a)(2), 115.432(a)(2)(A),

115.432(a)(2)(B), 115.442 introductory

paragraph, 115.443, 115.445

introductory paragraph, 115.446

introductory paragraph, 115.446(5),

115.449(a), 115.449(b), 115.449(c),

115.532(a)(5), 115.532(a)(5)(A),

115.532(a)(5)(B), 115.541(a), 115.541(b),

115.541(b)(1), 115.541(b)(2),

115.541(b)(3), 115.541(b)(4),

115.541(b)(5), 115.542(a), 115.543,

115.544 introductory paragraph,

115.545 introductory paragraph,

115.546 introductory paragraph,

115.547 introductory paragraph,

115.549(a), 115.549(b), 115.549(c), new

sections 115.552, 115.553, 115.555,

115.556, 115.557, 115.559, repeal of

sections 115.612, 115.613, 115.614,

115.615, 115.617, 115.619, new sections

115.600, 115.610, 115.612, 115.613,

115.614, 115.615, 115.616, 115.617, and

115.619.

(F) Texas Natural Resource

Conservation Commission Order No.

94–06 as adopted May 4, 1994.

(G) Revision to Regulation V as

adopted by the Commission on July 13,

1994; new sections 115.901, 115.910,

115.911, 115.912, 115.913, 115.914,

115.915, 115.916, 115.920, 115.923.

(H) Texas Natural Resource

Conservation Commission Order No.

94–26 as adopted July 13, 1994.

(I) Texas Natural Resource

Conservation Commission Order No.

94–0676-SIP as adopted November 9,

1994.

(ii) Additional material.

(A) Appendix A of the Revision to the

Texas SIP adopted by the Commission

on November 9, 1994 concerning

alternate means of control.

[FR Doc. 97–13487 Filed 5–21–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[FRL–5828–6]

Approval and Promulgation of Air

Quality Implementation Plans; Revised

Format of 40 CFR Part 52 for Materials

Being Incorporated by Reference

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of administrative change.

SUMMARY: EPA is revising the format of

40 CFR part 52 for materials submitted

by states that are incorporated by

reference into their respective state

implementation plans (SIPs). This

format revision will primarily affect the

‘‘Identification of plan’’ sections

assigned to each subpart (i.e., state or

territory) of 40 CFR part 52, as well as

the format of the SIP materials that will

be available for public inspection at the

Office of the Federal Register, the Air

and Radiation Docket and Information

Center located in Waterside Mall,

Washington, D.C., and the originating

Regional Offices. The revised format

will; better serve to help the public in

determining the applicable state

provisions, rules and regulations that

comprise the respective Federallyenforceable SIP’s; streamline the format

of the documents that will be available

for public inspection at the abovementioned locations; streamline the IBR

review process followed by the Office of

the Federal Register in reviewing state

material for incorporation by reference

into 40 CFR part 52; and assure

continued compliance with the

provisions of the Clean Air Act, which

requires EPA to periodically publish

comprehensive SIP documents for each

state. The sections of 40 CFR part 52

pertaining to provisions promulgated by

EPA or state-submitted materials not

subject to IBR review remain

unchanged.

EFFECTIVE DATE: This action is effective

May 22, 1997.

ADDRESSES: SIP materials which are

incorporated by reference into 40 CFR

part 52 are available for inspection at (1)

the Office of Air and Radiation, Docket

and Information Center (Air Docket),

EPA, 401 M Street, SW., Room M1500,

Washington, DC 20460; and (2) the

Office of the Federal Register, 800

North Capitol Street, NW., Suite 700,

Washington, DC.

In addition, all SIP materials listed in

the ‘‘Identification of plan’’ sections of

each 40 CFR part 52 subpart are

available at the appropriate EPA

Regional Office as listed below:

(i) Connecticut, Maine,

Massachusetts, New Hampshire, Rhode

Island, and Vermont. Environmental

Protection Agency, Region 1, One

Congress Street, Boston, MA 02203.

(ii) New York, New Jersey, Puerto

Rico, and Virgin Islands. Environmental

Protection Agency, Region 2, 290

Broadway, New York, NY 10007–1866.

(iii) Delaware, District of Columbia,

Pennsylvania, Maryland, Virginia, and

West Virginia. Environmental Protection

Agency, Region 3, 841 Chestnut

Building, Philadelphia, PA 19107.

(iv) Alabama, Florida, Georgia,

Kentucky, Mississippi, North

Carolina, South Carolina, and

Tennessee. Environmental Protection
Federal Register / Vol. 62, No. 99 / Thursday, May 22, 1997 / Rules and Regulations 27969

Agency, Region 4, 61 Forsyth Street,

S.W., Atlanta, GA 30303.

(v) Illinois, Indiana, Michigan,

Minnesota, Ohio, and Wisconsin.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, IL 60604–3507.

(vi) Arkansas, Louisiana, New

Mexico, Oklahoma, and Texas.

Environmental Protection Agency,

Region 6, Fountain Place, 1445 Ross

Avenue, Suite 700, Dallas TX 75202–

2733.

(vii) Iowa, Kansas, Missouri, and

Nebraska. Environmental Protection

Agency, Region 7, 726 Minnesota

Avenue, Kansas City, KS 66101.

(viii) Colorado, Montana, North

Dakota, South Dakota, Utah, and

Wyoming. Environmental Protection

Agency, Region 8, 999 18th Street, Suite

500, Denver, CO 80202–2466.

(ix) Arizona, California, Hawaii,

Nevada, American Samoa, and Guam.

Environmental Protection Agency,

Region 9, 75 Hawthorne Street, San

Francisco, CA 94105.

(x) Alaska, Idaho, Oregon, and

Washington. Environmental Protection

Agency, Region 10, 1200 6th Avenue

Seattle, WA 98101.

FOR FURTHER INFORMATION CONTACT: Ms.

Montel Livingston, Chair, Agency SIP

Workgroup Steering Committee at (206)

553–0180, or Mr. Harold A. Frankford,

Leader, IBR Reform Team at (215) 566–

2108.

SUPPLEMENTARY INFORMATION:

Background

Each state is required to have a SIP

which contains the control measures

and strategies which will be used to

attain and maintain the national

ambient air quality standards (NAAQS).

The SIP is extensive, containing such

elements as emission inventories,

monitoring network, attainment

demonstrations, and enforcement

mechanisms. The control measures and

strategies must be formally adopted by

each state after the public has had an

opportunity to comment on them. They

are then submitted to EPA as SIP

revisions on which EPA must formally

act.

Once these control measures are

approved by EPA after notice and

comment, they are incorporated into the

SIP and are identified in part 52

(Approval and Promulgation of

Implementation Plans), Title 40 of the

Code of Federal Regulations (40 CFR

part 52). The actual state regulations

which are approved by EPA are not

reproduced in their entirety in 40 CFR

part 52, but are ‘‘incorporated by

reference,’’ which means that the

citation of a given state regulation with

a specific effective date has been

approved by EPA. This format allows

both EPA and the public to know which

measures are contained in a given SIP

and insure that the state is enforcing the

regulations. It also allows EPA and the

public to take enforcement action,

should a state not enforce its SIPapproved regulations.

The SIP is a living document which

can be revised by the state as necessary

to address the unique air pollution

problems in the state. Therefore, EPA

from time to time must take action on

SIP revisions which may contain new

and/or revised regulations as being part

of the SIP. On May 31, 1972 (37 FR

10842), EPA approved, with certain

exceptions, the initial SIPs for 50 states,

four territories and the District of

Columbia.

(Note: EPA approved an additional SIP—

for the Northern Mariana Islands—on

November 10, 1986 (51 FR 40799)).

Since 1972, each state and territory has

submitted numerous SIP revisions,

either on their own initiative, or because

they were required to as a result of

various amendments to the Clean Air

Act (CAA).

Within 40 CFR part 52, there are 58

subparts (subparts A through FFF).

Subpart A contains general

requirements applicable to all states and

territories, while subparts B through

DDD and FFF contain requirements that

are specific to a given state or territory.

Subpart EEE contains historical

information pertaining to EPA action on

SIP material originally submitted by

states to the National Air Pollution

Control Administration, Department of

Health Education and Welfare in 1970.

The first or second section of each

state-submitted subpart within 40 CFR

part 52 (other than subparts A and EEE)

is called ‘‘Identification of plan.’’ This

section summarizes state-developed

requirements which EPA has approved

as part of a given SIP since May 31,

1972. The state material became

federally-enforceable at the time of EPA

approval through a procedure known as

incorporation by reference (IBR) under

procedures prescribed in 1 CFR part 51.

Originally, this ‘‘Identification of plan’’

section contained descriptions of both

regulatory and non-regulatory state

requirements that were applicable to a

state SIP. However, state submittals that

were approved by EPA on or after July

1, 1982 were required to undergo a

different type of IBR review before they

could be listed in the ‘‘Identification of

plan’’ section. Under these procedures,

EPA was required to provide the Office

of the Federal Register (OFR) the

following documentation associated

with each SIP revision:

(1) A crossout/underlined version of

the state document showing all of the

revisions being acted upon by EPA. All

material that was extraneous to the IBR

documents was to be crossed out.

(2) The specific cross-reference in the

respective Identification of plan sections

of all state citations or the individual

source of the documents being IBR’ed.

During a given year, EPA usually

requests the OFR to perform between

150 and 200 IBR reviews per year.

While the use of the IBR review process

and the detailed citation descriptions

found in 40 CFR part 52 has helped

interested parties keep track of the

revised SIP provisions for each subpart,

both the EPA and the OFR have found

the IBR process for SIP revisions (as it

currently exists) to be inefficient and

time consuming, given the frequency of

the part 52 revisions subject to IBR. The

necessary OFR review often has resulted

in a delay of three weeks or more before

the final EPA action was published in

the Federal Register. In addition, the

amount of IBR material that EPA has

been required to submit to the OFR and

maintain at the Air and Radiation

Docket and Information Center at

Waterside Mall is voluminous in

comparison to its overall utility. While

the interested public has access to all

material that is IBR’ed in 40 CFR part

52, the available material, in many

cases, consists of a piecemeal series of

plan revisions (emphasis added) rather

than integrated amendments. Thus, EPA

has found that it is no longer conducive

for providing the public with a sense of

what comprises the comprehensive SIP

for each state, district and territory

whose Federally-enforceable regulations

are listed in 40 CFR part 52.

Furthermore, the current format of the

‘‘Identification of plan’’ sections in 40

CFR part 52 is inconsistent with the

intent of section 110(h)(1) of the CAA

which requires EPA to ‘‘assemble and

publish a comprehensive document for

each state setting forth the requirements

of the applicable implementation plan

of such State’’ at periodic intervals. The

initial comprehensive compilation was

due November 15, 1995, with updates

required every three years thereafter.

Revised Part 52 Format/IBR Document

As a result of consultations between

EPA and OFR, EPA has begun the

process of developing (1) a revised SIP

document for each state that would be

incorporated by reference under the

provisions of 1 CFR part 51; (2) a

revised mechanism for announcing EPA

approval of revisions to an applicable

SIP and updating both the IBR
27970 Federal Register / Vol. 62, No. 99 / Thursday, May 22, 1997 / Rules and Regulations

document and the CFR, and (3) a

revised format of the ‘‘Identification of

plan’’ sections for each applicable

subpart to reflect these revised approval

and IBR procedures. The description of

the revised SIP document, IBR

procedures and ‘‘Identification of plan’’

format are listed below in more detail.

Content of Revised IBR Document

The new SIP compilations will

contain the Federally-approved portion

of regulations submitted by the various

state agencies. The compilations will be

stored in 3-ring binders and updated

primarily on an annual basis. If no

significant changes are made for any

state to the SIP during the year, an

update will not be made during that

year. On the other hand, if significant

changes occur during the year an update

could be done on a more frequent basis,

as applicable. Typically, only the

revised section of the compilation will

be updated. Complete resubmittals of a

state SIP compilation will be done on an

as-needed basis.

Each compilation will contain a table

of contents identifying each section of

the regulations, including an adoption

or effective date for the regulations. The

table of contents in the compilation will

correspond to the table of contents

published in 40 CFR part 52 for that

particular state. A copy of the full text

of each state’s current compilation will

be maintained at the Office of Federal

Register and EPA’s Air Docket and

Information Center. Each EPA Regional

Office will maintain a compilation for

the states within its jurisdiction. The

EPA Regional Offices will have the

primary responsibility for ensuring

accuracy and updating the

compilations.

EPA will publish an informational

document in the rules section of the

Federal Register when updates are

made to the SIP compilations. These

updates will generally be done on an

annual basis, or more frequently if

needed. This notice will identify the

specific sections of the compilations

being updated. It is envisioned that

updates may be for only one section, or

for up to the whole compilation,

depending on the extent of revisions

done during that year.

EPA will now begin phasing in SIP

compilations for individual states, and

expects to complete the conversion of

the revised ‘‘Identification of plan’’

format and IBR documentation for all

states by May 24, 1999. This revised

format is consistent with the SIP

compilation requirements of section

110(h)(1) of the CAA; however, EPA

regards this part 52 reorganization as a

separate streamlining effort with no

formal legal connection to the CAA

section 110(h)(1) requirements.

Revised Format of the ‘‘Identification of

Plan’’ Sections in Each Subpart

In order to better serve the public,

EPA is revising the organization of the

‘‘Identification of plan’’ section and

including additional information which

will make it clearer as to what

provisions constitute the enforceable

elements of the SIP.

The revised Identification of Plan

section will contain five subsections: (a)

Purpose and scope, (b) Incorporation by

reference, (c) EPA approved regulations,

(d) EPA approved source specific

permits, and (e) EPA approved

nonregulatory provisions such as

transportation control measures,

statutory provisions, control strategies,

monitoring networks, etc.

(a) Purpose and scope: Identifies the

authority under which EPA is approving

the SIP revisions.

(b) Incorporation by reference: Lets

the public know that the OFR granted

EPA approval to incorporate materials

by reference which were submitted by

the states to fulfill CAA requirements,

after notice and comment. It also

certifies that materials incorporated by

reference are exact duplicates of the

state regulations as submitted by EPA to

the OFR.

(c) EPA approved regulations: This is

a table that lists all of the state

regulations which have been submitted

for inclusion in the SIP by the state for

the purpose of attaining and

maintaining the NAAQS, and which

have been approved by EPA for those

purposes. These regulations have gone

through state rulemaking process and

the public was given an opportunity to

participate in the rulemaking. A

comment field is provided in the tables

to describe any Agency limitations or

qualifications on EPA’s approval action.

Several of EPA’s Regional Offices have

included similar tables as separate

sections in part 52 in the past, see

§§ 52.1031, 52.1605, and 52.1679. This

format provides a single location where

interested parties can locate the

applicable state approved regulations

which are included in the SIP. In the

past, interested parties would have to

search the ‘‘Identification of Plan’’

section to determine which state

regulations were currently approved as

part of the SIP. As EPA receives and acts

on new SIP revisions which affect the

entries in the tables, upon final approval

the entry would be updated to reflect

the latest state effective date and EPA’s

latest approval date along with the FR

citation. The full text of approved

regulations will not be included in the

CFR but will become part of those IBR

documents described previously at the

time of the next annual update.

(d) EPA approved source specific

permits: This table lists all the source

specific permits which have been

submitted for inclusion in the SIP by the

state. These permits have gone through

state rulemaking process and the public

was given an opportunity to participate

in the rulemaking. EPA also took

rulemaking action on these permits and

those which have been approved or

conditionally approved by EPA are

listed along with any limitations on

their approval, if any. This provides a

single location where interested parties

can locate the applicable source specific

state and EPA approved permits which

are included in the SIP. Should a permit

be revised or a new permit submitted,

after EPA rulemaking on such revision

the table entry would be revised to

reflect the new information.

(e) EPA-approved nonregulatory

control measures: This table lists all of

the nonregulatory control measures

which have been submitted for

inclusion in the SIP by the state. These

control measures have gone through

state rulemaking process and the public

was given an opportunity to participate

in the rulemaking. EPA also took

rulemaking action on these control

measures and those which have been

EPA-approved or conditionally

approved are listed along with any

limitations on their approval, if any.

This provides a single location where

interested parties can locate the

applicable nonregulatory control

measures which are included in the SIP.

Note: Because the documents and materials

listed in subsection (e) are nonregulatory,

they will not undergo the IBR process under

1 CFR part 51. Therefore, these documents

will be available for public inspection only

at the Regional Offices listed in the

ADDRESSES section above.

An example of the revised

‘‘Identification of plan’’ format appears

below:

Subpart XX—State Name

§ 52.xxxx Identification of plan.

(a) Purpose and scope.

This section sets forth the applicable

state implementation plan for [insert

state name] under section 110 of the

CAA, 42 U.S.C. 7401–7671q and 40 CFR

part 51 to meet national ambient air

quality standards.

(b) Incorporation by reference.

(1) Material listed as incorporated by

reference in section 52.xxxx (c) and (d)

was approved for incorporation by

reference by the Director of the Federal

Register in accordance with 5 U.S.C.
Federal Register / Vol. 62, No. 99 / Thursday, May 22, 1997 / Rules and Regulations 27971

552(a) and 1 CFR part 51. Material

incorporated as it exists on the date of

the approval, and notice of any change

in the material will be published in the

Federal Register.

(2) EPA Region ll certifies that as

of July 1, 1997 the rules/regulations

provided by EPA at the addresses below

are an exact duplicate of the officially

promulgated state rules/regulations

which have been approved as part of the

state implementation plan.

(3) Copies of the materials

incorporated by reference may be

inspected at the Office of Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC. Copies of

the materials incorporated by reference

may also be inspected at the EPA, Air

and Radiation Docket and Information

Center, Air Docket (6102), 401 M Street,

SW., Washington, DC. 20460 and the

appropriate Environmental Protection

Agency Regional Office listed in the

ADDRESSES section of this document.

(c) EPA approved regulations.

[Insert table of approved regulations,

see example below.]

EPA APPROVED [insert state name]

REGULATIONS.

State citation Title/subject State effective date EPA approval date Comments

The name of the state regulations which are approved

are listed in This column.

A unique date that the state

uses to identify different

versions of their regulations.

The date EPA publishes its

approval and the FR citation.

(d) EPA-approved State Source specific permits.

[Insert table of approved source specific permits, see example below.]

EPA-APPROVED [Insert state name] SOURCE-SPECIFIC PERMITS.

Name of source Permit number State effective date EPA approval date Comments

Name of source requesting

and receiving specific

limitations.

Unique state identifying

number.

The date state approved

the permit.

The date EPA publishes

its approval and the FR

citation.

(e) EPA approved nonregulatory

provisions and quasi-regulatory

measures. Examples of nonregulatory

SIP provisions include, but are not

limited to, the following subject matter:

SIP Narratives

PM10 Plans

CO Plans

Ozone Plans

Maintenance plans

I/M SIP’s

Emissions Inventories

Monitoring Networks

State Statutes

Part D plans

Attainment demonstrations

Transportation control measures

(TCM’s)

Committal measures

Contingency Measures

Nonregulatory & Non-TCM Control

Measures

15% Rate of Progress Plans

Emergency episode plans

Visibility plans

[Insert table of approved

nonregulatory measures, etc., see

example below.]

EPA-APPROVED [insert state name]

NONREGULATORY PROVISIONS.

Name of nonregulatory SIP

provision

Applicable geographic or

nonattainment area

State submittal date/effective date EPA approved date Comments

Name of control measures The geographic and/or

nonattainment area

were the control measure applicable.

The date state approved

the control measure.

The date EPA publishes

its approval and the

CFR citation.

Revised Mechanism for EPA Approval

Under the current EPA approval/IBR

procedures, EPA utilizes the following

procedure to revise 40 CFR part 52:

EPA revises subsection ( c) of the

appropriate Identification of plan

section found in each subpart by adding

or amending a numbered paragraph.

Each paragraph contains two major

subparagraphs: An ‘‘Incorporation by

reference’’ portion which describes the

submittal date, state agency/official,

effective date of the rule in the pertinent

state, and a description of the rule

(either section citation or source name),

and an ‘‘Additional materials’’ portion,

which references the remaining

pertinent material (e.g., public hearing

information, control strategy

demonstration, etc.) of that particular

state submittal. A copy of the official

state document which reflects the

‘‘Incorporation by reference’’ materials

is sent to the OFR for review. Each

revision must undergo a thorough IBR

review by the OFR.

Under the revised mechanism, EPA

will indicate approval action of a state

submittal by amending the appropriate

charts (see above) describing the title of

the regulation at the time of final EPA

approval of the submittal as published

in the Federal Register. At the outset

under the revised mechanism, EPA will

provide the full text of the

comprehensive SIP compilation

described above for each state and

territory to the Office of Federal

Register, along with a master table of

contents, which will constitute the base

IBR document. Supplements to this

comprehensive IBR document will be

submitted to the OFR for IBR review

approximately once per year, reflecting

the changes made over the course of the

year to the individual tables, including

the full text of the currently approved

SIP through the separate EPA

rulemaking actions. If no significant

changes are made during the year, no

updates will be submitted to the OFR

for IBR review.

Enforceability and Legal Effect

This change to the procedures for

incorporation by reference announced

today will not alter in any way the

enforceability or legal effect of approved

SIP materials, including both those

approved in the past or to be approved

in the future. All material identified in

the Code of Federal Regulations (CFR)

and approved by EPA into a SIP after
27972 Federal Register / Vol. 62, No. 99 / Thursday, May 22, 1997 / Rules and Regulations

notice-and-comment rulemaking is

federally enforceable, both by EPA

under CAA section 113 and by citizens

under CAA section 304, where

applicable. This includes all materials

listed for incorporation by reference in

the new section (c ) (all federallyapproved state regulations) and new

section (d) (all source-specific SIP

revisions), as well as those identified in

new section (e) (all non-regulatory SIP

provisions and quasi-regulatory

measures). With respect to the

documents listed in section (e), since no

regulatory material is associated with

these revisions these provisions are

fully enforceable upon EPA approval

into the SIP, without any incorporation

by reference. To facilitate enforcement

of previously approved SIP provisions

and provide a smooth transition to the

new SIP processing system, EPA will be

retaining the current Identification of

Plan section, previously appearing in

the CFR as the first or second section of

part 52 for each state, in an appendix to

each state CFR section for a period of at

least two years. This appendix will

include the Identification of Plan

section as it appeared in part 52 prior

to adoption of the new system; it will

not add any newly submitted SIP

revisions to the appendix. After the

initial two year period, EPA will review

its experience with the new system and

enforceability of previously approved

SIP measures, and will decide whether

or not to retain the Identification of Plan

appendices for some further period.

All SIP revisions approved in the

future under the revised ‘‘Identification

of plan’’ format and IBR procedure will

be federally enforceable as of the

effective date of the final rulemaking in

which EPA approves the SIP revision.

Specifically, as of the effective date of

the final rule, all provisions identified

in the Federal Register notice

announcing the SIP approval will be

fully enforceable under sections 110 and

113 of the CAA, although they may not

yet appear in 40 CFR part 52. Such

provisions will be included in the next

annual update of the CFR described

above. Thus, it is not necessary that

regulatory language associated with a

SIP requirement have been actually

incorporated by reference into the CFR

to render a SIP requirement enforceable

from the time of EPA approval.

In conclusion, EPA believes that the

revised SIP document/IBR procedures/

40 CFR part 52 format described above

represents an improvement that benefits

both the Government (by streamlining

the current procedures and reducing the

size of the documents that must be kept

on file) and the interested public (by

providing a clearer description as to

what constitutes the applicable SIP for

each state at any given moment in time).

As explained above, the revised

procedures do not affect federal

enforceability of the SIP, while at the

same time, is consistent with the

requirements of section 110(h)(1) of the

CAA concerning comprehensive SIP

publication. In addition, these revised

procedures are consistent with the goals

of the Agency’s national performance

review (NPR) designed to streamline

EPA’s regulatory requirements.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides.

Dated: May 14, 1997.

Carol M. Browner,

Administrator

[FR Doc. 97–13484 Filed 5–21–97; 8:45 am]

BILLING CODE 6560–50–P

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 101–21

RIN 3090–AG35

Pricing Practices for Reimbursable

Work Authorizations

AGENCY: Public Buildings Service,

General Services Administration.

ACTION: Interim rule with request for

comments.

SUMMARY: This interim rule modifies the

Public Buildings Service’s (PBS’s)

pricing practices for Reimbursable Work

Authorizations (RWAs). Currently, our

customer agencies are billed the actual

costs for supplies, materials, labor,

contract costs and overhead related to

the RWA. This interim rule establishes

a fixed price policy for one-time RWA’s,

such as painting, cleaning and

alterations. A fixed price RWA is one in

which the authorized amount is the

billed amount including all project

changes. The fixed price will change

only if the work request is modified or

unforeseen site conditions arise.

Customers will not have to pay for

delays caused by GSA. Fixed price

reimbursables will help PBS: Act as a

provider of choice with the new

delegation of alterations authority to

agencies for alterations up to $100,000;

implement predominant commercial

sector pricing practices; and enhance

the satisfaction and quality of service to

our customers by making the work faster

through streamlined processes.

DATES: Effective date: May 22, 1997.

Comment date: July 21, 1997.

ADDRESSES: Comments should be

submitted to the General Services

Administration, Public Buildings

Service, Office of Property Management,

(PM), Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT:

Jeffrey Neely, Acting Deputy Assistant

Commissioner, Office of Property

Management at (202) 501–0971.

SUPPLEMENTARY INFORMATION: In the

past, PBS was a mandatory source on all

reimbursable work done in PBS

controlled buildings. However, PBS is

now entering a new era. The National

Performance Review and the ‘‘Can’t Beat

GSA Alterations Program’’ envision a

more competitive PBS. Fixed pricing

facilitates this objective. The fixed price

method of charging RWAs to our

customers will make their budgeting for

reimbursable work an easier and more

accurate process, as well as enhance

their ability to make informed choices

about RWA services. Billing problems

should be reduced or eliminated. Total

costs and a payment schedule will be

determined clearly at the outset. It

should also serve as incentive to PBS to

ensure that the job is done efficiently

and to the customer’s satisfaction.

The General Services Administration

has determined that this rule is not a

significant regulatory action for the

purposes of Executive Order 12866 of

September 30, 1993. This interim rule is

not required to be published in the

Federal Register for notice and

comment. Therefore, the Regulatory

Flexibility Act does not apply. The

Paperwork Reduction Act does not

apply to this action because the

proposed changes to the Federal

Property Management Regulations do

not impose reporting, recordkeeping or

information collection requirements

which require the approval of the Office

of Management and Budget pursuant to

44 U.S.C. 3501, et seq. This rule also is

exempt from congressional review

prescribed under 5 U.S.C. 801 since it

relates solely to agency management

and personnel.

List of Subjects in 41 CFR Part 101–21

Federal buildings and services,

Government property management,

Space and services.