Federal Register / Vol. 64, No. 139 /Wednesday, July 21, 1999 /Rules and Regulations 39037

336.2603 Documents available for

inspection and copying; R 336.2604

Document inspection and copying

procedures; tape recording

transcriptions; R 336.2605 Functions; R

336.2608 Hearings and informal

conferences; R 336.2301 Definition of

air pollution episode; R 336.2302

Definition of air pollution forecast; R

336.2303 Definition of air pollution

alert; R 336.2304 Definition of air

pollution warning; R 336.2305

Definition of air pollution emergency; R

336.2306 Declaration of air pollution

episodes; R 336.2307 Episode emission

abatement programs; and R 336.2308

Episode orders. The rules incorporated

below contain revisions to degreasing,

perchloroethylene dry cleaning,

petroleum refinery, synthetic organic

chemical manufacturing, and delivery

vessel loading rules.

(i) Incorporation by reference. The

following sections of the Michigan

Administrative Code are incorporated

by reference.

(A) R 336.1611 Existing cold cleaners,

effective June 13, 1997.

(B) R336.1612 Existing open top vapor

degreasers, effective June 13, 1997.

(C) R 336.1613 Existing conveyorized

cold cleaners, effective June 13, 1997.

(D) R 336.1614 Existing conveyorized

vapor degreasers, effective June 13,

1997.

(E) R 336.1619 Standards for

perchloroethylene dry cleaning

equipment, effective June 13, 1997.

(F) R 336.1622 Emission of volatile

organic compounds from existing

components of petroleum refineries;

refinery monitoring program, effective

June 13, 1997.

(G) R 336.1628 Emission of volatile

organic compounds from components of

existing process equipment used in

manufacturing synthetic organic

chemicals and polymers; monitoring

program, effective June 13, 1997.

(H) R 336.1651 Standards for

Degreasers, effective June 13, 1997.

(I) R 336.1706 Loading delivery

vessels with organic compounds having

a true vapor pressure of more than 1.5

psia at new loading facilities handling

5,000,000 or more gallons of such

compounds per year, effective June 13,

1997.

(J) R 336.1707 New cold cleaners,

effective June 13, 1997.

(K) R 336.1708 New open top vapor

degreasers, effective June 13, 1997.

(L) R 336.1709 New conveyorized

cold cleaners, effective June 13, 1997.

(M) R 336.1710 New conveyorized

vapor degreasers, effective June 13,

1997.

[FR Doc. 99–18474 Filed 7–20–99; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 226–0159a FRL–6376–3]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, South

Coast Air Quality Management District

and Yolo-Solano 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.

The revisions concern rules from the

following: South Coast Air Quality

Management District (SCAQMD) and

Yolo-Solano Air Quality Management

District (YSAQMD). This approval

action will incorporate these rules into

the federally approved SIP. The

intended effect of approving these rules

is to regulate emissions of volatile

organic compounds (VOCs) in

accordance with the requirements of the

Clean Air Act, as amended in 1990

(CAA or the Act). The revised rules

control VOC emissions from organic

liquid loading, pharmaceutical and

cosmetics manufacturing operations,

and polyester resin operations. Thus,

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 rule is effective on

September 20, 1999 without further

notice, unless EPA receives adverse

comments by August 20, 1999. If EPA

receives such comment, it will publish

a timely withdrawal Federal Register

informing the public that this rule will

not take effect.

ADDRESSES: Written comments must be

submitted to Andrew Steckel at the

Region IX office listed below. Copies of

the rule revisions and EPA’s evaluation

report for each rule are available for

public inspection at EPA’s Region IX

office during normal business hours.

Copies of the submitted rule revisions

are available for inspection at the

following locations:

Rulemaking Office (AIR–4), Air

Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105–3901.

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, S.W.,

Washington, D.C. 20460.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95812.

South Coast Air Quality Management

District, 21865 East Copley Drive,

Diamond Bar, CA 91765.

Yolo-Solano Air Pollution Control

District, 1947 Galileo Court, Suite

103, Davis, CA 95616.

FOR FURTHER INFORMATION CONTACT: Al

Petersen, Rulemaking Office, AIR–4, Air

Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105–3901,

Telephone: (415) 744–1135.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being approved into the

California SIP include: SCAQMD Rule

462, Organic Liquid Loading, SCAQMD

rule 1103, Pharmaceuticals and

Cosmetics Manufacturing Operations,

and YSAQMD rule 2.30, Polyester Resin

Operations. These rules were submitted

by the California Air Resources Board to

EPA on June 3, 1999, May 13, 1999, and

June 3, 1999, respectively.

II. Background

On March 3, 1978, EPA promulgated

a list of ozone nonattainment areas

under the provisions of the Clean Air

Act, as amended in 1977 (1977 Act or

pre-amended Act), that included the

South Coast Air Basin Area (SCABA)

and Yolo County and part of Solano

County (43 FR 8964, 40 CFR 81.305). On

May 26, 1988, EPA notified the

Governor of California, pursuant to

section 110(a)(2)(H) of the 1977 Act, that

the above districts’ portions of the

California SIP were inadequate to attain

and maintain the ozone standard and

requested that deficiencies in the

existing SIP be corrected (EPA’s SIPCall). On November 15, 1990, the Clean

Air Act Amendments of 1990 were

enacted. Pub. L. 101–549, 104 Stat.

2399, codified at 42 U.S.C. 7401–7671q.

In amended section 182(a)(2)(A) of the

CAA, Congress statutorily adopted the

requirement that nonattainment areas

fix their deficient reasonably available

control technology (RACT) rules for

ozone and established a deadline of May

15, 1991 for states to submit corrections

of those deficiencies.

Section 182(a)(2)(A) applies to areas

designated as nonattainment prior to

enactment of the amendments and

classified as marginal or above as of the

date of enactment. It requires such areas

to adopt and correct RACT rules
39038 Federal Register / Vol. 64, No. 139 /Wednesday, July 21, 1999 /Rules and Regulations

1Among 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);

and the existing control technique guidelines

(CTGs).

2SCAQMD and YSAQMD, respectively, retained

their designation of nonattainment and were

classified by operation of law pursuant to sections

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

CAA. See 56 FR 56694 (November 6, 1991).

3EPA 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).

pursuant to pre-amended section 172 (b)

as interpreted in pre-amendment

guidance.1 EPA’s SIP–Call used that

guidance to indicate the necessary

corrections for specific nonattainment

areas. SCABA, which includes the

SCAQMD, is classified as extreme

nonattainment for ozone. Yolo County

and part of Solano County are classified

as severe-15 nonattainment for ozone.2

Therefore, these areas were subject to

the RACT fix-up requirement and the

May 15, 1991 deadline. u

The State of California submitted

many revised RACT rules for

incorporation into its SIP, including the

rules being acted on in this document.

This document addresses EPA’s directfinal action for SCAQMD rule 462,

Organic Liquid Loading, adopted on

May 14, 1999, and found to be complete

on June 24, 1999 pursuant to EPA’s

completeness criteria that are set forth

in 40 CFR part 51, Appendix V 3 and is

being finalized for approval into the SIP;

SCAQMD rule 1103, Pharmaceuticals

and Cosmetics Manufacturing

Operations, adopted on March 12, 1999,

and found to be complete on June 10,

1999; and YSAQMD Rule 2.30,

Polyester Resin Operations, adopted on

April 14, 1999, and found to be

complete on June 24, 1999.

SCAQMD rule 462 is intended to

control emissions of VOCs of greater

than 1.5 psia (77.5 mm Hg) from loading

into tank trucks, trailers, or railroad tank

cars. SCAQMD Rule 1103 is intended to

control VOC emissions from the

manufacture of pharmaceuticals,

cosmetics, antibiotics, vitamins, botanic

and biological products, tablets, and

capsules. EPA granted limited approval

and limited disapproval to SCAQMD

rules 462 and 1103 on November 13,

1997, 62 FR 60784. Today’s direct final

rule approves revisions to these rules,

that have been amended to address the

deficiencies identified in the 1997

disapprovals. Any sanctions now in

effect as a result of the 1997 action will

be terminated on the effective date of

this direct final rule.

YSAQMD rule 2.30 is intended to

control VOC emissions from fabrication

operations using polyester resin. EPA

proposed limited approval and limited

disapproval of a version of YSAQMD

rule 2.30 on December 8, 1994, 49 FR

63286. This action was never finalized.

Today’s direct final rule approves the

rule after being corrected for the

deficiencies that were identified in the

proposed limited disapproval.

VOCs contribute to the production of

ground level ozone and smog. These

rules were originally adopted as part of

California’s effort to achieve the

National Ambient Air Quality Standard

(NAAQS) for ozone and in response to

EPA’s SIP–Call and the section

182(a)(2)(A) CAA requirement. The

following is EPA’s evaluation and final

action for these rules.

III. EPA Evaluation and Action

In determining the approvability of a

VOC 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 today’s action,

appears in the various EPA policy

guidance documents listed in footnote

1. Among those provisions is the

requirement that a VOC rule must, at a

minimum, provide for the

implementation of RACT for stationary

sources of VOC emissions. This

requirement was carried forth from the

pre-amended Act.

For the purpose of assisting state and

local agencies in developing RACT

rules, EPA prepared a series of Control

Technique Guideline (CTG) documents

that are applicable to certain VOC rules.

The CTGs are based on the underlying

requirements of the Act and specify the

presumptive norms for what is RACT

for specific source categories. Under the

CAA, Congress ratified EPA’s use of

these documents, as well as other

Agency policy, for requiring States to

‘‘fix-up’’ their RACT rules according to

section 182(a)(2)(A). The CTG

applicable to SCAQMD rule 1103 is

entitled, ‘‘Control of Volatile Organic

Emissions from Manufacture of

Synthesized Pharmaceutical Products’’,

EPA 450/2–78–029. CTGs applicable to

SCAQMD rule 462 are entitled, ‘‘Control

of Hydrocarbons from Tank Truck

Gasoline Loading Terminals’’, EPA–450/

2–77–026; ‘‘Control of Volatile Organic

Compound Leaks from Gasoline Tank

Trucks and Vapor Collection Systems’’,

EPA–450/2–78–051; and ‘‘Control of

Volatile Organic Emissions from Bulk

Gasoline Plants’’, EPA 450/2–77–035.

There are no CTGs applicable to

YSAQMD. Further interpretations of

EPA policy are found in the Blue Book,

referred to in footnote 1. In general,

these guidance documents have been set

forth to ensure that VOC rules are fully

enforceable and strengthen or maintain

the SIP.

On November 13, 1997 (62 FR 60784),

EPA granted limited approval and

limited disapproval a version of

SCAQMD rule 462, Organic Liquid

Loading, that had been adopted by

SCAQMD on June 9, 1995. Submitted

SCAQMD rule 462 includes the

following significant changes from the

current SIP rule:

• The definition of ‘‘facility vapor

leak’’ and other definitions were revised

for clarity.

• Methods were provided for

determining vapor leak and compliance

to emission limits.

• Obsolete compliance dates were

eliminated.

On November 13, 1997 (62 FR 60784),

EPA granted limited approval and

limited disapproval a version of

SCAQMD rule 1103, Pharmaceuticals

and Cosmetics Manufacturing

Operations, that had been adopted by

SCAQMD on December 7, 1990.

Submitted SCAQMD rule 1103 includes

the following significant changes from

the current SIP rule:

• Methods were described for

determination of control device

efficiency and of surface condenser

efficiency, instead of director’s

discretion.

• Operating requirements were

specified and vacuum vents were

required over 1.5 psia, instead of

director’s discretion.

• The calculation method for

composite total pressure and the test

method for weight of VOC were added.

• ‘‘Leak’’ is defined relative to the

allowed time from detection to repair.

On December 8, 1994 (59 FR 63286),

EPA proposed limited approval and

limited disapproval a version of

YSAQMD Rule 2.30, Polyester Resin

Operations, that had been adopted by

YSAQMD on August 25, 1993. This

action was never finalized. Submitted

YSAQMD Rule 2.30 includes the

following significant change from the

proposed rule:

• The test method for monomer

content is specified as the SCAQMD

Test Method 312, Percent Monomer in

Polyester Resins, for restricting the

monomer content to no more than 35

percent by weight.
Federal Register / Vol. 64, No. 139 /Wednesday, July 21, 1999 /Rules and Regulations 39039

EPA has evaluated the submitted

rules and has determined that they are

consistent with the CAA, EPA

regulations, and EPA policy. Therefore,

SCAQMD rule 462, Organic Liquid

Loading; SCAQMD rule 1103,

Pharmaceutical and Cosmetics

Manufacturing Operations; and

YSAQMD rule 2.30, Polyester Resin

Operations, are being approved under

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

the requirements of section 110(a) and

part D.

EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, EPA is publishing a

separate document that will serve as the

proposal to approve the SIP revision

should adverse comments be filed. This

rule will be effective September 20,

1999 without further notice unless the

Agency receives adverse comments by

August 20, 1999.

If the EPA receives such comments,

then EPA will publish a timely

withdrawal in the Federal Register

informing the public that the rule did

not take effect. All public comments

received will then be addressed in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period. Any

parties interested in commenting on this

rule should do so at this time. If no such

comments are received, the public is

advised that this rule is effective on

September 20, 1999 and no further

action will be taken on the proposed

rule.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order (E.O.)

12866, Regulatory Planning and Review.

B. Executive Order 12875

Under Executive Order 12875,

Enhancing the Intergovernmental

Partnership, EPA may not issue a

regulation that is not required by statute

and that creates a mandate upon a State,

local or tribal government, unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by those governments, or

EPA consults with those governments. If

EPA complies by consulting, Executive

Order 12875 requires EPA to provide to

the Office of Management and Budget a

description of the extent of EPA’s prior

consultation with representatives of

affected State, local and tribal

governments, the nature of their

concerns, copies of any written

communications from the governments,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 12875 requires EPA to

develop an effective process permitting

elected officials and other

representatives of State, local and tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory proposals containing

significant unfunded mandates.’’

Today’s rule does not create a mandate

on State, local or tribal governments.

The rule does not impose any

enforceable duties on these entities.

Accordingly, the requirements of

section 1(a) of E.O. 12875 do not apply

to this rule.

C. Executive Order 13045

Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997),

applies to any rule that: (1) Is

determined to be ‘‘economically

significant’’ as defined under E.O.

12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency. This rule is

not subject to E.O. 13045 because it does

not involve decisions intended to

mitigate environmental health or safety

risks.

D. Executive Order 13084

Under Executive Order 13084,

Consultation and Coordination with

Indian Tribal Governments, EPA may

not issue a regulation that is not

required by statute, that significantly or

uniquely affects the communities of

Indian tribal governments, and that

imposes substantial direct compliance

costs on those communities, unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide to the Office of

Management and Budget, in a separately

identified section of the preamble to the

rule, a description of the extent of EPA’s

prior consultation with representatives

of affected tribal governments, a

summary of the nature of their concerns,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 13084 requires EPA to

develop an effective process permitting

elected officials and other

representatives of Indian tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.’’ Today’s rule does not

significantly or uniquely affect the

communities of Indian tribal

governments. Accordingly, the

requirements of section 3(b) of E.O.

13084 do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies 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

small governmental jurisdictions. This

final rule will not have a significant

impact on a substantial number of small

entities because SIP approvals under

section 110 and subchapter I, part D of

the Clean Air Act do not create any new

requirements but simply approve

requirements that the State is already

imposing. Therefore, because the

Federal SIP approval does not create

any new requirements, I certify that this

action will not have a significant

economic impact on a substantial

number of small entities. Moreover, due

to the nature of the Federal-State

relationship under the Clean Air Act,

preparation of flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of state action.

The Clean Air Act forbids EPA to base

its actions concerning SIPs on such

grounds. Union Electric Co., v. U.S.

EPA, 427 U.S. 246, 255–66 (1976); 42

U.S.C. 7410(a)(2).

F. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated annual costs to

State, local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under Section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA
39040 Federal Register / Vol. 64, No. 139 /Wednesday, July 21, 1999 /Rules and Regulations

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated annual costs of $100 million

or more to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

G. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. This rule is not a

‘‘major’’ rule as defined by 5 U.S.C.

804(2).

H. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by September 20,

1999. Filing a petition for

reconsideration by the Administrator of

this final 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 rule

or action. This action may not be

challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, and

Volatile Organic Compounds. Note:

Incorporation by reference of the State

Implementation Plan for the State of

California was approved by the Director

of the Federal Register on July 1, 1982.

Dated: June 29, 1999.

Laura Yoshii,

Acting Regional Administrator, Region IX.

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 et seq.

Subpart F—California

2. Section 52.220 is amended by

adding paragraphs (c) (263) and (264) to

read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(263) New and amended regulations

for the following APCDs were submitted

on May 13, 1999, by the Governor’s

designee.

(i) Incorporation by reference.

(A) South Coast Air Quality

Management District.

(1) Rule 1103, adopted on March 12,

1999.

* * * * *

(264) New and amended regulations

for the following APCDs were submitted

on June 3, 1999, by the Governor’s

designee.

(i) Incorporation by reference.

(A) South Coast Air Quality

Management District.

(1) Rule 462, adopted on May 14,

1999.

(B) Yolo-Solano Air Quality

Management District.

(1) Rule 2.30, adopted on April 14,

1999.

* * * * *

[FR Doc. 99–18472 Filed 7–20–99; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 82

[AD–FRL–6400–9]

Technical Correction to Partial

Withdrawal of Direct Final Rule,

‘‘Protection of Stratospheric Ozone:

Reconsideration of Petition Criteria

and Incorporation of Montreal Protocol

Decisions’’

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule, technical correction.

SUMMARY: This technical action corrects

two typographical errors in the October

5, 1998, partial withdrawal of a direct

final rule (63 FR 53290). The errors are

in the CFR citations referring to the Part

affected by that paragraph. 40 CFR 80.4

was printed instead of 40 CFR 82.4, the

part of the Code which addresses

stratospheric ozone protection.

EFFECTIVE DATE: July 21, 1999.

ADDRESSES: Comments and materials

supporting the rulemaking are

contained in Public Docket No. A–92–

13. The docket is available for public

inspection and copying between 8:00

a.m. and 5:30 p.m., Monday through

Friday, at the EPA’s Air and Radiation

Docket and Information Center,

Waterside Mall, Room M–1500, first

floor, 401 M Street SW, Washington, DC

20460, or by calling 202/260–7548 or

260–7549. A reasonable fee may be

charged for copying.

FOR FURTHER INFORMATION CONTACT: Tom

Land, U.S. Environmental Protection

Agency, Program Implementation

Branch, Stratospheric Protection

Division, Office of Atmospheric

Programs, 6205J 401 M Street, SW,

Washington, DC 20460, 202/564–9185.

SUPPLEMENTARY INFORMATION:

I. Background

On August 4, 1998, EPA promulgated

a direct final rule consisting of a variety

of amendments to the accelerated

phaseout regulation, intended to: reflect

changes in U.S. obligations under the

Montreal Protocol on Substances that

Deplete the Ozone Layer (Protocol);

ensure compliance through the petition

system for importation of used ozonedepleting substances; and change

various requirements to ease the burden

on affected companies. EPA received

numerous comments on various

sections of the rule. Where adverse

comments were received, EPA withdrew

those specific provisions, proposed the

withdrawn provisions, and will

ultimately promulgate a final rule that

addresses the provisions. The Federal

Register notice withdrawing the

provisions was published on October 5,

1998, through a Partial Withdrawal of

Direct Final Rule.

II. Correction to 63 FR 53290

In the October 5, 1998 withdrawal, 63

FR 53290, paragraphs (6) and (7) under

the section entitled, DATES, the Code of

Federal Regulations (CFR) cite is

incorrectly published as 40 CFR 80.4.

The numbers after ‘‘CFR’’ indicate the

part of the Code of Federal Regulations

where the regulation can be found. The

corrected part is 82.4 in both (6) and (7).