42216 Federal Register / Vol. 62, No. 151 / Wednesday, August 6, 1997 / Rules and Regulations

§ 27.8 Judicial review.

A final Notice of Assessment issued

under this party may be subject to

judicial review pursuant to 5 U.S.C. 701

et seq.

Dated: July 18, 1997.

Raymond W. Kelly,

Under Secretary for Enforcement.

[FR Doc. 97–20646 Filed 8–5–97; 8:45 am]

BILLING CODE 4810–25–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[WA61–7136, WA64–7139a; FRL–5869–8]

Approval and Promulgation of

Implementation Plans: Washington

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: Environmental Protection

Agency (EPA) approves in part several

minor revisions to the state of

Washington Implementation Plan (SIP).

Pursuant to section 110 (a) of the Clean

Air Act (CAA), the Director of the

Washington Department of Ecology

(WDOE) submitted two requests to EPA

dated November 25, 1996 and April 7,

1997 to revise the SIP for certain

regulations of a local air pollution

control agency, the Puget Sound Air

Pollution Control Agency (PSAPCA).

DATES: This action is effective on

October 6, 1997 unless adverse or

critical comments are received by

September 5, 1997. If the effective date

is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Written comments should

be addressed to: Ms. Montel Livingston,

SIP Manager, Office of Air Quality

(OAQ–107), 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,

Environmental Protection Agency, 401

M Street, SW, Washington, D.C. 20460.

Copies of material submitted to EPA

may be examined during normal

business hours at the following

locations: EPA, Region 10, Office of Air

Quality (OAQ–107), 1200 Sixth Avenue,

Seattle, Washington 98101, and WDOE,

P.O. Box 47600, Olympia, Washington

98504.

FOR FURTHER INFORMATION CONTACT: Lisa

Jacobsen, Office of Air Quality (OAQ–

107), EPA, Seattle, Washington 98101,

(206) 553–6917.

SUPPLEMENTARY INFORMATION:

I. Background

Two submittals from WDOE dated

November 26, 1996 and April 7, 1997,

were sent to EPA and consisted of minor

amendments to PSAPCA Regulations I,

II, and III.

The November 26, 1996 minor

revisions were adopted by PSAPCA on

September 12, 1997 after meeting public

participation requirements on July 11,

1996 and October 10, 1996 and become

state effective on October 31, 1997.

Regulation I, section 3.11, Civil

Penalties, is amended in accordance

with state law to adjust maximum

penalty amounts for inflation and

section 3.23, Alternate Means of

Compliance, is amended to clarify

alternate means of compliance. Sections

5.02, 5.03, 5.05, 5.07, 6.03, and 6.04 are

amended to include updates reflecting

state law regarding registration and to

adjust the fees covering the program

costs. A new § 7.09, General Reporting

Standards, adds applicable reporting

requirements to the operating permits

section. Section 5.08, Shut Down

Sources; and 5.11, Registration of

Oxygenated Gasoline Blenders, were

repealed because they are no longer

needed. On October 11, 1996, EPA

formally redesignated the Central Puget

Sound CO nonattainment area to

attainment, and approved a

maintenance plan which will ensure

that the Central Puget Sound area

remains in attainment for CO. The

maintenance plan removes the

requirement for oxygenated fuel during

the CO season but incorporates the

requirement for the use of oxygenated

fuel as a contingency measure in the

event of a violation of the CO national

ambient air quality standard.

Regulation II, section 2.09, the

elimination of the oxygenated gasoline

contingency measure and fee schedule,

was approved by EPA in an earlier

action (62 FR 23363–23365) on April 30,

1997.

Regulation III section 4.03 is amended

to clarify existing language and to

increase fees to cover the costs of

administering the program.

The April 7, 1997 submittal was

adopted by PSAPCA after meeting

public participation requirements on

December 12, 1996 and became state

effective January 15, 1997.

Regulation I, section 5.03 was

amended to clarify the registration

requirements. Section 6.04 was

amended for clarification of the Notice

of Construction.

Regulation III, sections 1.11, 2.01, and

2.05 were amended for clarification of

requirements when dealing with Toxic

Air Contaminants.

II. Summary of Action

EPA is, by today’s action, approving

the following revisions submitted by

WDOE on November 26, 1996 and April

7, 1997 as amendments to the

regulations of PSAPCA and for

inclusion into the SIP:

Regulation I

• Section 3.11, Civil Penalties

• Section 3.23, Alternate Means of

Compliance

• Section 5.02, Definitions and

Components of Registration Program

• Section 5.03, Registration Required

• Section 5.05, General Requirements

for Registration

• Section 5.07, Registration Fees

• Section 6.03, Notice of Construction

• Section 6.04, Notice of Construction

Review Fees

• Section 7.09, General Reporting

Requirements

Regulation III

• Section 1.11, Reporting Requirements

• Section 2.01, Applicability

• Section 2.05, Sources of Toxic Air

Contaminants

EPA approves the following deletions

from the SIP:

Regulation I

• Section 5.08, Shut Down Sources

• Section 5.11, Registration of

Oxygenated Gasoline Blenders

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 October 6, 1997

unless, by September 5, 1997, adverse or

critical comments are received.

If the EPA receives such comments,

this action will be withdrawn before the

effective date 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 October 6, 1997.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future
Federal Register / Vol. 62, No. 151 / Wednesday, August 6, 1997 / Rules and Regulations 42217

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.

III. 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

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. EPA, 427 U.S. 246,

256–66 (S.Ct. 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 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 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 October 6, 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), 42 U.S.C. 7607(b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Fees, Incorporation by

reference, Reporting and recordkeeping

requirements.

Dated: July 17, 1997.

Chuck Findley,

Acting 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 WW—Washington

2. Section 52.2470 is amended by

adding paragraph (c)(73) to read as

follows:

§ 52.2470 Identification of plan.

* * * * *

(c) * * *

(73) On November 26, 1996 and April

7, 1997, the Director of the Washington

State Department of Ecology

(Washington) submitted to the Regional

Administration of EPA revisions to the

State Implementation Plan consisting of

minor amendments to Puget Sound Air

Pollution Control Agency (PSAPCA)

Regulations I and III.

(i) Incorporation by reference.

(A) PSAPCA Regulations approved—

Regulation I, Sections 3.11, 3.23, 5.02,

5.05, 5.07, 6.03, 7.09—State-adopted

9/12/96. Regulation III, Section 4.03—

State-adopted 9/12/96. Regulation I,

Sections 5.03 and 6.04—State-adopted

12/12/96. Regulation III, Sections 1.11,

2.01, and 2.05—State-adopted 12/12/96.

[FR Doc. 97–20664 Filed 8–5–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 61

[CC Docket Nos. 94–1; FCC 96–488]

Price Cap Performance Review for

Local Exchange Carriers

AGENCY: Federal Communications

Commission.

ACTION: Final rule; Correction.

SUMMARY: This document contains

corrections to the summary of the

Commission’s Report and Order

reforming access charges published in

the Federal Register of January 31, 1997

(62 FR 4657).

EFFECTIVE DATE: June 30, 1997.

FOR FURTHER INFORMATION CONTACT:

Richard Lerner, Attorney, Common

Carrier Bureau, Competitive Pricing

Division, (202) 418–1520, email:

rlerner@fcc.gov.

SUPPLEMENTARY INFORMATION: The

Commission published a summary of

the Price Cap Performance Review for

Local Exchange Carriers Third Report

and Order (released December 24, 1996)

in the Federal Register issue of January

31, 1997, in FR Doc. 97–2143 (62 FR

4657). The summary outlines an order

that adopts rules that are intended to

make it easier for local exchange carriers

to introduce new services and to lower

rates. This summary was published with