41870 Federal Register / Vol. 62, No. 149 / Monday, August 4, 1997 / Rules and Regulations

TABLE 52.2381-EPA—APPROVED REGULATIONS

[Vermont SIP regulations 1972 to present]

State citation, title and

subject

Date adopted by State

Date approved by

EPA

Federal Register

citation

Section

52.2370 Comments and unapproved sections

* * * * * * *

Section 5–502, Major

stationary sources

and major modifications.

7/14/95 8/4/97 [Insert FR citation from

published date].

(c)(24)

* * * * * *

PART 81—[AMENDED]

5. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7407, 7501–7515,

7601.

Subpart C—Section 107 Attainment

Status Designations

6. Section 81.346 is amended by

adding a table for PM10 at the end of the

section to read as follows:

§ 81.346 Vermont.

* * * * * * *

VERMONT—PM10

Designation status

Designation Classification

Date Type Date Type

Whole State .............................................................................. 11/15/90 Unclassifiable ................

[FR Doc. 97–19622 Filed 8–1–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 55

[Alaska 001; FRL–5847–7]

Outer Continental Shelf Air

Regulations Consistency Update for

Alaska

AGENCY: Environmental Protection

Agency (‘‘EPA’’).

ACTION: Final rule—consistency update.

SUMMARY: EPA is updating the Outer

Continental Shelf (‘‘OCS’’) Air

Regulations as they apply to OCS

sources off the coast of Alaska.

Requirements applying to OCS sources

located within 25 miles of states’

seaward boundaries must be updated

periodically to remain consistent with

the requirements of the corresponding

onshore area (‘‘COA’’), as mandated by

section 328(a)(1) of the Clean Air Act

(‘‘the Act’’), the Clean Air Act

Amendments of 1990. The portion of

the OCS air regulations that is being

updated pertains to the requirements for

OCS sources for which the State of

Alaska is the designated COA. The

intended effect of approving the

requirements contained in the Alaska

Administrative Code to OCS Sources

(January 1, 1997), is to regulate

emissions from OCS sources in

accordance with the requirements

onshore.

DATES: This action is effective

September 3, 1997.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the following

locations:

Office of Air Quality, U.S.

Environmental Protection Agency,

Region 10, 1200 sixth Avenue, Seattle,

Wa 98101.

Environmental Protection Agency (LE–

6102), 401 ‘‘M’’ Street, SW, Room M–

1500, Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT:

Raymond Nye, Office of Air Quality

(OAQ–107), U.S. EPA Region 10, 1200

Sixth Avenue, Seattle, Wa 98101,

Telephone: (206) 553–4226.

SUPPLEMENTARY INFORMATION:

Background

On August 21, 1992, EPA approved

the Alaska Administrative Code to OCS

sources. The updated requirements are

being promulgated in response to a

Notice of Intent filed pursuant to

§ 55.12(c). EPA has evaluated the above

requirements to ensure that they are

rationally related to the attainment or

maintenance of federal or state ambient

air quality standards or Part C of title I

of the Act, that they are not designed

expressly to prevent exploration and

development of the OCS and that they

are applicable to OCS sources. 40 CFR

55.1. EPA has also evaluated the rules

to ensure that they are not arbitrary or

capricious. 40 CFR 55.12(e). In addition,

EPA has excluded administrative or

procedural rules.

EPA Action

In this document, EPA takes final

action to incorporate the January 18,

1997 Alaska Department of

Environmental Conservation rules into

40 CFR part 55 as modified under

section 328(a)(1) of the Act, 42 U.S.C.

7627. Section 328(a) of the Act requires

that EPA establish requirements to

control air pollution from OCS sources

located within 25 miles of states’

seaward boundaries that are the same as

onshore requirements. To comply with

this statutory mandate, EPA must

incorporate applicable onshore rules

into Part 55 as they exist onshore.

Administrative Requirements

A. Executive Order 12866 (Regulatory

Impact Analysis)

The Office of Management and Budget

has exempted this action from Executive

Order 12866 review.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980

requires each federal agency to perform
Federal Register / Vol. 62, No. 149 / Monday, August 4, 1997 / Rules and Regulations 41871

a Regulatory Flexibility Analysis for all

rules that are likely to have a

‘‘significant impact on a substantial

number of small entities.’’ Small entities

include small businesses, organizations,

and governmental jurisdictions.

As was stated in the final regulation,

the OCS rule does not apply to any

small entities, and the structure of the

rule averts direct impacts and mitigates

indirect impacts on small entities. This

consistency update merely incorporates

onshore requirements into the OCS rule

to maintain consistency with onshore

regulations as required by section 328 of

the Act and does not alter the structure

of the rule.

The EPA certifies that this final rule

will not have a significant impact on a

substantial number of small entities.

C. Unfunded Mandates

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 undertake various actions in

association with proposed or final rules

that 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 has determined that the final

action promulgated today does not

include a Federal mandate that may

result in estimated cost 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 the

State, local, or tribal governments, or to

the private sector, result from this

action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of this rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 55

Environmental protection,

Administrative practice and procedures,

Air pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Nitrogen oxides, Outer

Continental Shelf, Ozone, Particulate

matter, Permits, Reporting and

recordkeeping requirements, Sulfur

oxides.

Dated: June 18, 1997.

Chuck Clarke,

Regional Administrator.

Title 40 of the Code of Federal

Regulations, part 55, is to be amended

as follows:

PART 55—[AMENDED]

1. The authority citation for part 55

continues to read as follows:

Authority: Section 328 of the Clean Air Act

(42 U.S.C. 7401, et seq.) as amended by

Public Law 101–549.

2. Section 55.14 is amended by

revising paragraph (e)(2)(i)(A), to read as

follows:

§ 55.14 Requirements that apply to OCS

sources located within 25 miles of states

seaward boundaries, by state.

* * * * *

(e) * * *

(2) * * *

(i) * * *

(A) State of Alaska Requirements

Applicable to OCS Sources, January 18,

1997.

* * * * *

3. Appendix A to CFR Part 55 is

amended by revising paragraph (a)(1)

under the heading ‘‘Alaska’’ to read as

follows:

Appendix A to 40 CFR Part 55—Listing

of State and Local Requirements

Incorporated by Reference Into Part 55,

by State

* * * * *

Alaska

(a) * * *

(1) The following requirements are

contained in the State of Alaska

Requirements Applicable to OCS

Sources, January 18, 1997.

Alaska Administrative Code—

Department of Environmental

Conservation. The following sections of

Title 18, Chapter 50:

Article 1. Ambient Air Quality Management

18 AAC 50.005. Purpose and Applicability of

Chapter (effective 1/18/97)

18 AAC 50.010. Ambient Air Quality

Standards (effective 1/18/97)

18 AAC 50.015. Air Quality Designations,

Classifications, And Control Regions

(effective 1/18/97)

Table 1. Air Quality Classifications

18 AAC 50.020. Baseline Dates, Maximum

Allowable Increases, And Maximum

Allowable Ambient Concentrations

(effective 1/18/97)

Table 2. Baseline Dates

Table 3. Maximum Allowable Increases

18 AAC 50.025. Visibility and Other Special

Protection Areas with the exception of

(b) and (c) (effective 1/18/97)

18 AAC 50.030. State Air Quality Control

Plan (effective 1/18/97)

18 AAC 50.035. Documents, Procedures, and

Methods Adopted by Reference (effective

1/18/97)2

18 AAC 50.045. Prohibitions (effective

1/18/97)

18 AAC 50.050. Incinerator Emission

Standards (effective 1/18/97)

Table 4. Particulate Matter Standards for

Incinerators

18 AAC 50.055. Industrial Processes and

Fuel-burning Equipment (effective

1/18/97)

18 AAC 50.065. Open Burning (effective 1/

18/97)

(a) General Requirements

(b) Black Smoke Prohibited

(c) Toxic and Acid Gases and Particulate

Matter Prohibited

(d) Adverse Effects Prohibited

(e) Air Quality Advisory

(i) Firefighter Training: Fuel Burning

(j) Public Notice

(k) Complaints

18 AAC 50.070. Marine Vessel Visible

Emission Standards (effective 1/18/97)

18 AAC 50.080. Ice Fog Standards (effective

1/18/97)

18 AAC 50.100. Nonroad Engines (effective

1/18/97)

18 AAC 50.110. Air Pollution Prohibited

(effective 5/26/72)

Article 2. Program Administration

18 AAC 50.201. Ambient Air Quality

Investigation (effective 1/18/97)

18 AAC 50.205. Certification (effective

1/18/97)

18 AAC 50.210. Potential to Emit (effective

1/18/97)

18 AAC 50.215. Ambient Air Quality

Analysis Methods (effective 1/18/97)

18 AAC 50.220. Enforceable Test Methods

(effective 1/18/97)

18 AAC 50.225. Owner-requested Limits

(effective 1/18/97)

18 AAC 50.230. Preapproved Limits

(effective 1/18/97)

18 AAC 50.235. Unavoidable Emergencies

and Malfunctions (effective 1/18/97)

18 AAC 50.240. Excess Emissions (effective

1/18/97)

Article 3. Permit Procedures and

Requirements

18 AAC 50.300. Construction Permits:

Classifications (effective 1/18/97)

(a) [untitled]

(b) Ambient Air Quality Facilities

(c) Prevention of Significant Deterioration

Major Facilities

(d) Nonattainment Major Facilities

(e) Major Facility Near a Nonattainment

Area

(f) Hazardous Air Contaminant Major

Facilities

(g) Port of Anchorage Facilities
41872 Federal Register / Vol. 62, No. 149 / Monday, August 4, 1997 / Rules and Regulations

(h) Modifications

18 AAC 50.305. Construction Permit

Provisions Requested by the Owner or

Operator (effective 1/18/97)

18 AAC 50.310. Constructon Permits:

Application (effective 1/18/97)

(a) Application Required

(b) Operating Permit Coordination

(c) General Information

(d) Prevention of Significant Deterioration

Information Table 6. Significant

Concentrations

(e) Excluded Ambient Air Monitoring

(f) Nonattainment Information

(g) Demonstration Required Near A

Nonattainment Area

(h) Hazardous Air Contaminant

Information

(j) Nonattainment Air Contaminant

Reductions

(k) Revising Permit Terms

(l) Requested Limits

(m) Stack Injection

18 AAC 50.320. Construction Permits:

Content and Duration (effective 1/18/97)

18 AAC 50.325. Operating Permits:

Classifications (effective 1/18/97)

18 AAC 50.330. Operating Permits:

Exemptions (effective 1/18/97)

18 AAC 50.335. Operating Permits:

Application (effective 1/18/97)

(a) Application Required

(b) Identification

(c) General Emission Information

(d) Fees

(e) Regulated Source Information

(f) Facility-wide Information: Ambient Air

Quality

(g) Facility-wide Information: Owner

Requested Limits

(h) Facility-wide Information: Emissions

Trading

(i) Compliance Information

(j) Proposed Terms and Conditions

(k) Compliance Certifications

(l) Permit Shield

(m) Supporting Documentation

(n) Additional Information

(o) Certification of Accuracy and

Completeness

(p) Renewals

(q) Insignificant Sources

(r) Insignificant Sources: Emission Rate

Basis

(s) Insignificant Sources: Category Basis

(t) Insignificance Sources: Size or

Production Rate Basis

(u) Insignificant Sources: Case-by-Case

Basis

(v) Administratively Insignificant Sources

18 AAC 50.340. Operating Permits: Review

and Issuance (effective 1/18/97)

(a) Review for Completeness

(b) Evaluation of Complete Applications

(c) Expiration of Application Shield

(d) Preliminary Decision

(e) Public Comment

(f) Record of Public Comment

(g) Final Permit Decision

(I) Permit Continuity

18 AAC 50.345. Opearting Permits: Standard

Conditions (effective 1/18/97)

18 AAC 50.350. Operating Permits: Content

(effective 1/18/97)

(a) Purpose of Section

(b) Standard Requirements

(c) Fee Information

(d) Source-Specific Permit Requirements

(e) Facility-Wide Permit Requirements

(f) Other Requirements

(g) Monitoring Requirements

(h) Records

(i) Reporting Requirements

(j) Compliance Certification

(k) Compliance Plan and Schedule

(l) Permit Shield

18 AAC 50.355. Operating Permits: Changes

to a Permitted Facility (effective 1/18/97)

18 AAC 50.360. Operating Permits: Facility

Changes that Violate a Permit Condition

(effective 1/18/97)

18 AAC 50.365. Operating Permits: Facility

Changes that do not Violate a Permit

Condition (effective 1/18/97)

18 AAC 50.370. Operating Permits:

Administrative Revisions (effective

1/18/97)

18 AAC 50.375. Operating Permits: Minor

and Significant Permit Revisions

(effective 1/18/97)

18 AAC 50.380. General Operating Permits

(effective 1/18/97)

Article 4. User Fees

18 AAC 50.400. Permit Administration Fees

(effective 1/18/97)

18 AAC 50.410. Emission Fees (effective

1/18/97)

18 AAC 50.420. Billing Procedures (effective

1/18/97)

Article 9. General Provisions

18 AAC 50.910. Establishing Level of Actual

Emissions (effective 1/18/97)

18 AAC 50.990. Definitions (effective

1/18/97)

* * * * *

[FR Doc. 97–20469 Filed 8–1–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[FRL–5868–3]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants; States of Iowa, Kansas,

Missouri, and Nebraska

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On December 19, 1995, the

EPA promulgated Clean Air Act (CAA)

section 111(d)/129 emission guidelines

for existing Municipal Waste

Combustors (MWC) with the capacity to

combust in aggregate greater than 35

megagrams (Mg) per day of municipal

solid waste (MSW). Section 111(d)

requires that states with designated

facilities subject to these emission

guidelines submit to the EPA plans to

control the designated pollutants

addressed in the guidelines. If no

designated facility is located within a

state, the state may submit a letter of

certification to that effect, i.e., a negative

declaration, in lieu of a plan. The EPA

has received negative declarations from

Iowa, Kansas, Missouri, and Nebraska

regarding designated facilities in their

states. Today the EPA is taking action to

approve those negative declarations.

DATES: This action is effective October

3, 1997, unless by September 3, 1997,

adverse or critical comments are

received.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the: Environmental

Protection Agency, Air Planning and

Development Branch, 726 Minnesota

Avenue, Kansas City, Kansas 66101.

FOR FURTHER INFORMATION CONTACT:

Aaron J. Worstell at (913) 551–7787.

SUPPLEMENTARY INFORMATION:

I. Background

Section 111(d) of the CAA requires

states to submit plans to control certain

pollutants (designated pollutants) at

existing facilities (designated facilities)

whenever standards of performance

have been established under section

111(b) for new sources of the same type,

and the EPA has established emission

guidelines for such existing sources. A

designated pollutant is any pollutant for

which no air quality criteria have been

issued, and which is not included on a

list published under section 108(a) or

section 112(b)(1)(A) of the Act, but

emissions of which are subject to a

standard of performance for new

stationary sources.

On February 11, 1991, the EPA

promulgated section 111(d) emission

guidelines for existing MWC (56 FR

5523). The emission guidelines were

codified at 40 CFR 60 subpart Ca and

applied to existing MWC units with the

capacity to combust greater than 225 Mg

per day of MSW. Section 129 of the Act,

added by the 1990 Amendments,

required that these emission guidelines

be revised to: (1) reflect maximum

available control technology; (2) specify

guideline emission levels for additional

pollutants; and (3) apply to MWC with

capacities less than 225 Mg per day of

MSW. Accordingly, the EPA, on

December 19, 1995, promulgated

emission guidelines that meet both the

requirement of section 111(d) and

section 129 of the CAA. These emission

guidelines were codified at 40 CFR 60

subpart Cb, replacing subpart Ca. The

subpart Cb emission guidelines apply to

existing MWC plants with aggregate

charging capacities greater than 35 Mg

per day of MSW and establish the