Federal Register / Vol. 60, No. 138 / Wednesday, July 19, 1995 / Rules and Regulations 37013

EFFECTIVE DATE: This final rule is

effective July 19, 1995. The interim rule

was effective November 29, 1994.

FOR FURTHER INFORMATION CONTACT:

Caroll McBrine, M.D., Consultant,

Regulations Staff, Compensation and

Pension Service, Veterans Benefits

Administration, Department of Veterans

Affairs, 810 Vermont Avenue NW.,

Washington DC 20420, (202) 273–7210.

SUPPLEMENTARY INFORMATION: On

November 29, 1994, VA published in

the Federal Register an interim rule

with request for comments (59 FR

60901). The rule added a diagnostic

code (DC 6354) and evaluation criteria

for chronic fatigue syndrome to the

section of the VA Schedule for Rating

Disabilities (38 CFR Part 4) on systemic

diseases (38 CFR 4.88b). A 60-day

comment period ended January 30,

1995, and no comments were received.

Based on the rationale set forth in the

interim rule document, we are adopting

the provisions of the interim rule as a

final rule without change. This final

rule also affirms the information in the

interim rule document concerning

Regulatory Flexibility Act.

The Catalog of Federal Domestic

Assistance program numbers are 64.104 and

64.109.

List of Subjects in 38 CFR Part 4

Individuals with disability, Pensions,

Veterans.

Approved: July 10, 1995.

Jesse Brown,

Secretary of Veterans Affairs.

[FR Doc. 95–17659 Filed 7–18–95; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MI42–02–7122; FRL–5259–7]

Determination of Attainment of Ozone

Standard by Grand Rapids and

Muskegon, Michigan; Determination

Regarding Applicability of Certain

Reasonable Further Progress and

Attainment Demonstration

Requirements: Withdrawal

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: On June 2, 1995, the EPA

published a proposed rule (60 FR

28773) and a direct final rule (60 FR

28729) determining that the Grand

Rapids (Kent and Ottawa Counties) and

Muskegon (Muskegon County),

Michigan ozone nonattainment areas

have attained the National Ambient Air

Quality Standard (NAAQS) for ozone.

Based on that determination, the EPA

also determined that requirements of

section 182(b)(1) of the Clean Air Act

(Act) concerning the submission of the

15 percent plan and ozone attainment

demonstration and the requirements of

section 172(c)(9) of the Act concerning

contingency measures are not applicable

to the areas so long as the areas do not

violate the ozone standard. The EPA is

removing the final rule due to adverse

comments and will summarize and

address all public comments received in

a subsequent final rule (based upon the

proposed rule cited above).

EFFECTIVE DATE: This withdrawal of the

direct final action will be effective July

19, 1995.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the following location:

U.S. Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Madelin Rucker, Regulation

Development Section, Air Toxics and

Radiation Branch (AT–18J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois, 60604. Telephone:

(312) 886–0661.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Intergovernmental relations, Oxides of

nitrogen, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Dated: July 11, 1995.

Valdas V. Adamkus,

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 X—Michigan

2. Section 52.1174(k) is removed.

[FR Doc. 95–17672 Filed 7–18–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[OR45–1–6762a; FRL–5251–4]

Approval and Promulgation of

Implementation Plans: Oregon

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: The Environmental Protection

Agency (EPA) approves a revision to the

State of Oregon’s Air Quality Control

Plan Volume 2 (The Federal Clean Air

Act State Implementation Plan and

other State Regulations). Specifically

EPA approves a revision to Section

2.2—Legal Authority, of the State’s

Implementation Plan (SIP) and a

revision to Chapters 468 and 468A of

the Oregon Revised Statutes (ORS). The

SIP revision was submitted to address

section 110(a)(2)(E) of the Clean Air Act,

as amended (CAA).

DATES: This action will be effective on

September 18, 1995 unless adverse or

critical comments are received by

August 18, 1995.

If the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Written comments should

be addressed to: Montel Livingston, SIP

Manager, Air & Radiation Branch (AT–

082), EPA, 1200 Sixth Avenue, Seattle,

Washington 98101.

Documents which are incorporated by

reference are available for public

inspection at the Air and Radiation

Docket and Information Center, EPA,

401 M Street, SW., Washington, DC

20460. Copies of material submitted to

EPA may be examined during normal

business hours at the following

locations: EPA, Region 10, Air &

Radiation Branch, 1200 Sixth Avenue

(AT–082), Seattle, Washington 98101,

and the ODEQ, 811 SW., Sixth Avenue,

Portland, Oregon 97204–1390.

FOR FURTHER INFORMATION CONTACT:

Rindy Ramos, Air & Radiation Branch

(AT–082), EPA, Seattle, Washington

98101, (206) 553–6510.

SUPPLEMENTARY INFORMATION.

I. Background

On July 29, 1992, the Oregon

Department of Environmental Quality

(ODEQ) submitted to EPA a revision to

Chapter 468 of the Oregon Revised

Statutes (ORS), a new ORS Chapter

468A, and a revised Section 2.2—Legal

Authority, to the federally approved

SIP. This submittal contained statutes

amended or adopted through July, 1991.

In addition, some of the statutes

previously contained in Chapter 468

were renumbered and moved into the
37014 Federal Register / Vol. 60, No. 138 / Wednesday, July 19, 1995 / Rules and Regulations

newly created Chapter 468A entitled

‘‘Air Quality’’. Chapter 468A was

created for those statutes specific to air

quality. Also, the title for Chapter 468

was changed from ‘‘Pollution Control’’

to ‘‘Environmental Quality Generally’’.

Section 2.2—Legal Authority. This

section of the SIP discusses the legal

basis upon which Oregon’s

Environmental Quality Commission

establishes policy for the operation of

ODEQ and upon which ODEQ functions

to control, prevent and abate air

pollution in Oregon. This section also

contains the statutes upon which

Oregon’s legal authority to regulate air

pollutants is based.

On August 30, 1994, the State of

Oregon submitted to EPA another

revision to Chapters 468 and 468A of

the ORS. These revised chapters include

statutes amended or adopted by the

Oregon Legislature through August,

1993, and became state effective on

November 4, 1993.

Because the August 30, 1994,

submittal supersedes the 1992 submittal

of Chapters 468 and 468A, EPA is taking

action on the 1994 submittal of the

chapters and the 1992 submittal of

Section 2.2—Legal Authority in this

document.

The August 30, 1994, submittal

includes the following provisions in

ORS Chapter 468: General

Administration—sections 468.005

through 468.075, Enforcement—sections

468.090 to 468.140, and Pollution

Control Facilities Tax Credit—sections

468.150 to 468.190. ORS Chapter 468A

contains the following provisions: Air

Pollution Control—sections 468A.005 to

468A.085, Regional Air Quality Control

Authorities—sections 468A.100 to

468A.180, Small Business Stationary

Source Technical and Environmental

Compliance Assistance Program—

section 468A.330, Motor Vehicle

Pollution Control—sections 468A.350 to

468A.455, Woodstove Emissions

Control—sections 468A.460 to

468A.520, and Field Burning and

Propane Flaming—sections 468A.550 to

468A.620.

In this document, EPA approves the

above statutes, except for ORS 468A.075

and ORS 468A.330, as meeting the

requirements of section 110(a)(2)(E) of

the CAA and 40 CFR part 51, subpart

L—Legal Authority. EPA is not acting

on ORS 468A.075 and ORS 468A.330 in

this Federal Register document. Section

110(a)(2)(E) requires, among other

things, that a SIP provides assurance

that a state has adequate authority under

state law to carry out SIP requirements

(and is not prohibited by any provision

of Federal or State law from carrying out

such implementation plan or portion

thereof).

As discussed in Section 2.2 of the SIP,

ODEQ recognizes that EPA has not

previously approved, nor will EPA now

approve, statutes or regulations for

variances as revisions to the SIP. ORS

468A.075 provides the authority for the

state to grant variances from air

contamination rules and standards.

However, since SIP rules and standards

are relied upon to attain and maintain

the National Ambient Air Quality

Standards (NAAQS), and because any

relaxation of a SIP requirement would

require a SIP revision, and only EPA can

approve a revision, it is not appropriate

for EPA to approve the state’s authority

to grant variances into the SIP.

It should be noted that even if the

state grants a source specific variance to

a SIP limit, EPA is not precluded from

enforcing the federally approved SIP

limit. Thus, granting of a variance by the

state does not change the federally

enforceable and approved SIP limit.

EPA is also not acting on ORS

468A.330. This section authorizes the

state to establish a Small Business

Stationary Source Technical and

Environmental Compliance Assistance

Program (SBAP) in accordance with

section 507 of the CAA. The statute, in

conjunction with the SBAP, will be

reviewed and acted on at a later date.

All measures and other elements in a

SIP must be enforceable by ODEQ and

EPA (See sections 172(c)(6), 110(a)(2)(A)

and 57 FR 13556). EPA criteria

addressing the enforceability of SIPs

and SIP revisions were stated in a

September 23, 1987, memorandum

(with attachments) from J. Craig Potter,

Assistant Administrator for Air and

Radiation, et al. (see 57 FR 13541).

During review of the 1992 submittal,

EPA determined that the Oregon

Revised Statute Chapter 468, as

amended in 1991, bars civil penalties

from being imposed for certain

stationary source permit violations.

Specifically, ORS 468.126(1) provided

that penalties could not be assessed

against a source for permit violations

unless the state first provided notice of

the violation to the source, and further,

if within five days, the source came into

compliance or provided an adequate

schedule to come into compliance in the

future, no penalties could be assessed.

EPA informed the Oregon Department of

Environmental Quality that this

provision was unacceptable to the

extent it applied to permit limits which

were specified in the SIP and were

relied on to attain, maintain or

demonstrate attainment with a NAAQS.

On September 3, 1993, the Governor

of Oregon signed into law new

legislation correcting this deficiency.

The new law provides that the five-day

advance notice provision required by

ORS 468.126(1) does not apply if the

notice requirement would disqualify a

state program from federal approval or

delegation (see ORS 468.126(2)(e)).

The state has acknowledged, by a

letter dated November 5, 1993, that,

pursuant to ORS 468.126(2)(e), the

notice provision in ORS 468.126(1) will

not apply to violations of SIP

requirements contained in permits,

including permits containing industrial

source control requirements, relied

upon to attain, maintain, or demonstrate

attainment with a NAAQS. Therefore,

EPA is approving this provision into the

SIP. It’s application to non-SIP items

that are specified in a permit will be

separately reviewed in conjunction with

any submitted permit program.

II. This Action

EPA approves the July 29, 1992,

submittal revising Section 2.2—Legal

Authority of the Oregon SIP. EPA also

approves the August 30, 1994, submittal

revising ORS Chapters 468 and 468A,

except for ORS 468A.075 and ORS

468A.330. This revision of the ORS

became state effective November 4,

1993.

III. Administrative Review

Under the Regulatory Flexibility Act,

5 U.S.C. 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. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

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 any small entities affected.

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.

7410(a)(2).
Federal Register / Vol. 60, No. 138 / Wednesday, July 19, 1995 / Rules and Regulations 37015

The EPA is publishing this action

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective September 18,

1995 unless, by August 18, 1995 adverse

or critical comments are received.

If the EPA receives such comments,

this action will be timely withdrawn by

publishing a subsequent document that

will withdraw the final action. All

public comments received will 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 September 18,

1995.

The EPA has reviewed this request for

revision of the federally-approved SIP

for conformance with the provisions of

the 1990 Clean Air Act Amendments

enacted on November 15, 1990. The

EPA has determined that this action

conforms with those requirements.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic and environmental

factors and in relation to relevant

statutory and regulatory requirements.

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 costs to State,

local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. Under Section

205, EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires EPA 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 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 Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

This action has been classified as a

Table 2 action by the Regional

Administrator under the procedures

published in the Federal Register on

January 19, 1989 (54 FR 2214–2225), as

revised by an October 4, 1993

memorandum from Michael H. Shapiro,

Acting Assistant Administrator for Air

and Radiation. The OMB has exempted

this regulatory action from E.O. 12866

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 18,

1995. 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), 42 U.S.C. 7607(b)(2).)

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, Volatile organic compounds.

Note: Incorporation by reference of the

Implementation Plan for the State of Oregon

was approved by the Director of the Office of

the Federal Register on July 1, 1982.

Dated: June 23, 1995.

Chuck Clarke,

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 MM—Oregon

2. Section 52.1970 is amended by

adding paragraph (c)(111) to read as

follows:

§ 52.1970 Identification of plan.

* * * * *

(c) * * *

(111) The EPA approves a revision to

the State of Oregon’s Air Quality

Control Plan Volume 2 (The Federal

Clean Air Act State Implementation

Plan and other State Regulations),

specifically a revision to Section 2.2—

Legal Authority and a revision to

Chapters 468 and 468A of the Oregon

Revised Statutes (ORS).

(i) Incorporation by reference.

(A) On July 29, 1992 and August 30,

1994, ODEQ submitted to EPA a

revision to Oregon Revised Statutes

(ORS), Chapter 468 (1993 Edition), and

Chapter 468A (1993 Edition), both of

which were amended and adopted

through August 1993 and in effect on

November 4, 1993; and a revised

Section 2.2—Legal Authority, including

subsections 2.2.1 through 2.2.9, dated

and revised July 29, 1992, the date of

the official attached transmittal letter.

[FR Doc. 95–17670 Filed 7–18–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[PA63–1–7124; FRL–5259–6]

Approval and Promulgation of Air

Quality Implementation Plans;

Commonwealth of Pennsylvania:

Determination of Attainment of Ozone

Standard by the Pittsburgh-Beaver

Valley and Reading Ozone

Nonattainment Areas and

Determination Regarding Applicability

of Certain Reasonable Further

Progress and Attainment

Demonstration Requirements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA has determined that the

Pittsburgh-Beaver Valley and Reading

ozone nonattainment areas have

attained the National Ambient Air

Quality standard (NAAQS) for ozone.

This determination is based upon three

years of ambient air monitoring data for

the years 1992–94 that demonstrate that

the ozone NAAQS has been attained in

these areas. On the basis of this

determination, EPA is also determining

that certain reasonable further progress

(RFP) and attainment demonstration

requirements, along with certain other

related requirements, of Part D of Title

I of the Clean Air Act (CAA) are not

applicable to these areas as long as these

areas continue to attain the ozone

NAAQS.

EFFECTIVE DATE: July 19, 1995.