Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations 40937

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.

D. Submission to Congress and the

General Accounting Office

Under section 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 the rule in

today’s Federal Register. This rule is

not a ‘‘major’’ rule as defined by section

804(2) of the APA as amended.

E. 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 29,

1997. 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,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Dated July 16, 1997.

Felicia Marcus,

Regional Administrator.

Subpart F of 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 F—California

2. Section 52.222 is being amended by

adding paragraph (a) (2) and (a)(3) to

read as follows:

§ 52.222 Negative declarations.

(a) * * *

(2) Sacramento Metropolitan Air

Quality Management District.

(i) Plastic Parts Coating: Business

Machines and Plastic Parts Coating:

Other were submitted on June 6, 1996

and adopted on May 2, 1996.

(3) Santa Barbara County Air

Pollution Control District.

(i) Industrial Wastewater, Plastic Parts

Coating: Business Machines, Plastic

Parts Coating: Other, Industrial Cleaning

Solvents, Offset Lithography, and

Shipbuilding Coatings were submitted

on July 12, 1996 and adopted on May

16, 1996.

* * * * *

[FR Doc. 97–20217 Filed 7–30–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[DC032–2006; FRL–5864–4]

Approval and Promulgation of Air

Quality Implementation Plans; District

of Columbia, New Source Review

Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the District of Columbia.

This revision amends the District’s new

source review program including the

regulations for the preconstruction

permitting new major sources and major

modifications in nonattainment areas.

This action is being taken under the

provisions of the Clean Air Act for the

approval of SIP revisions.

EFFECTIVE DATE: This final rule is

effective on September 2, 1997.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the Air, Radiation,

and Toxics Division, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107; the

Air and Radiation Docket and

Information Center, U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460; District of

Columbia Department of Consumer and

Regulatory Affairs, 2100 Martin Luther

King Ave, S.E., Washington, DC 20020.

FOR FURTHER INFORMATION CONTACT:

Linda Miller, (215) 566–2068.

SUPPLEMENTARY INFORMATION: On

October 22, 1993, the District of

Columbia submitted new source review

(NSR) regulations that were

subsequently disapproved by EPA in a

direct final rulemaking on March 24,

1995. (60 FR 15483). Pursuant to section

179 of the Clean Air Act (CAA), EPA’s

disapproval required the imposition of

sanctions in two phases starting 18

months after disapproval unless and

until the deficiencies were corrected.

The first sanction, which started on

October 24, 1996, required 2:1 emission

offsets for the construction of new and

modified sources. The second sanction,

which was to be imposed 6 months

later, would have required the

withholding of federal highway funds

for all new highway projects in the

District.

The District submitted revised NSR

regulations on May 2, 1997, which

corrected the deficiencies. On June 2,

1997, EPA published a notice of

proposed rulemaking (NPR) approving

the District’s NSR program (62 FR

29682). On the same day, EPA

published and solicited comment on an

interim final rule that stayed application

of the offset sanction and deferred

imposition of the highway sanction,

based on EPA’s proposed full approval

of the District’s NSR program (62 FR

29668). No public comments were

received on the NPR or the interim final

rule.

The intended effect of this action is to

approve the District’s NSR program for

the permitting of major new and

modified sources pursuant to the

requirements of the CAA. Other specific

requirements of the NSR program and

the rationale for EPA’s proposed action

were explained in the NPR and will not

be restated here. As a consequence of

today’s final approval of the District’s

NSR regulations as a SIP revision, the

sanctions resulting from EPA’s March

24, 1995 disapproval action are hereby

lifted and no longer applicable.

Final Action

EPA is approving the new source

review (NSR) program as a revision to

the District of Columbia SIP. Nothing in

this action should be construed as

permitting or allowing or establishing a

precedent for any future request for

revision to any state implementation

plan. Each request for revision to the

state implementation plan shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.
40938 Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

B. Regulatory Flexibility Act

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

District is already imposing. Therefore,

because the federal SIP approval does

not impose any new requirements, the

Administrator certifies 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

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).

C. 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 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

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 requirements. Accordingly, no

additional costs to 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 the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

E. 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 29,

1997. Filing a petition for

reconsideration by the Administrator of

this final rule to approve the District of

Columbia New Source Review program

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, Incorporation by

reference.

Dated: July 17, 1997.

Thomas Voltaggio,

Acting Regional Administrator, Region III.

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 J—District of Columbia

2. Section 52.470 is amended by

adding paragraph (c)(37) to read as

follows:

§ 52.470 Identification of plan.

* * * * *

(c) * * *

(37) Revisions to the District of

Columbia Municipal Regulations

submitted on May 2, 1997 and May 9,

1997 by the District of Columbia

Department of Consumer and

Regulatory Affairs:

(i) Incorporation by reference.

(A) Letter of April 29, 1997 from the

Department of Consumer and

Regulatory Affairs transmitting new

source review (NSR) program.

(B) Regulations adopted on April 29,

1997; Title 20 of the District of

Columbia Municipal Regulations

(DCMR) Chapter 2, sections 200 (as

amended), 201, 202, 204 (as amended),

206, 299 and the amended definition of

‘‘modification’’ in Chapter 1, section

199.

(ii) Additional material.

(A) Remainder of May 2, 1997 State

submittal.

(B) District Register for May 9, 1997.

[FR Doc. 97–20214 Filed 7–30–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MD037–3015; FRL–5864–8]

Approval and Promulgation of Air

Quality Implementation Plans; State of

Maryland; Enhanced Motor Vehicle

Inspection and Maintenance Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final conditional approval.

SUMMARY: EPA is granting conditional

approval of a State Implementation Plan

(SIP) revision submitted by the State of

Maryland. This revision establishes and

requires the implementation of an

enhanced motor vehicle inspection and

maintenance (I/M) program in the

counties of Anne Arundel, Baltimore,

Calvert, Carroll, Cecil, Charles,

Frederick, Harford, Howard,

Montgomery, Prince George’s, Queen

Anne’s, Washington, and the City of

Baltimore. The intended effect of this

action is to conditionally approve the

Maryland enhanced motor vehicle I/M

program. EPA is conditionally

approving Maryland’s SIP revision

based on the fact that: Maryland’s SIP is

deficient in certain aspects with respect

to the requirements of the Act and

EPA’s I/M program regulations, and

Maryland has made a commitment in a

letter, dated December 23, 1996, to work

with EPA to address and correct all

deficiencies as necessary to ensure full

compliance with I/M requirements by a

date certain within one year from

September 2, 1997. This action is taken

under section 110 of the 1990 Clean Air

Act (CAA, or the Act).

EFFECTIVE DATE: This final rule is

effective on September 2, 1997.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the Air, Radiation,

and Toxics Division, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,