44218 Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Rules and Regulations

1997. However, partnerships may rely

on this paragraph (e)(2) for properties

acquired before August 20, 1997 and

disposed of on or after August 20, 1997.

* * * * *

Michael P. Dolan,

Acting Commissioner of Internal Revenue.

Approved: July 8, 1997.

Donald C. Lubick,

Acting Assistant Secretary of the Treasury.

[FR Doc. 97–22019 Filed 8–19–97; 8:45 am]

BILLING CODE 4830–01–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[SC 30–1–9645a: FRL–5877–1]

Approval and Promulgation of State

Implementation Plan, South Carolina:

Addition of Supplement C to the Air

Quality Modeling Guidelines

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On May 6, 1996, the South

Carolina Department of Health and

Environmental Control submitted

revisions to the South Carolina State

Implementation Plan (SIP) involving

revisions to 61–62.5 Standard 7,

Prevention of Significant Deterioration

to add Supplement C to air quality

modeling guidelines. This revision

updates the South Carolina SIP to meet

the latest EPA modeling requirements.

Therefore, these revisions are being

approved into the SIP.

DATES: This action is effective October

20, 1997 unless adverse or critical

comments are received by September

19, 1997. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Written comments on this

action should be addressed to Mr.

Randy Terry at the EPA Region 4 Office

listed below.

Copies of the documents relative to

this action are available for public

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

Air and Radiation Docket and

Information Center (Air Docket 6102),

US Environmental Protection Agency,

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

20460.

Environmental Protection Agency,

Region 4, Air Planning Branch, 61

Forsyth Street Atlanta, Georgia 30303.

South Carolina Department of Health

and Environmental Control, 2600 Bull

Street, Columbia, South Carolina

29201–1708.

FOR FURTHER INFORMATION CONTACT:

Randy Terry, Regulatory Planning

Section, Air Planning Branch, Air,

Pesticides & Toxics Management

Division, Region 4 Environmental

Protection Agency, 61 Forsyth Street,

Atlanta, Georgia 30303. The telephone

number is (404) 562–9032.

SUPPLEMENTARY INFORMATION: On May 6,

1996, the State of South Carolina

Department of Health and

Environmental Control submitted a

notice to amend Section IV, Part D, Air

Quality Models, of Regulation 61–62.5,

Standard 7. These regulations were

revised by adding Supplement C to the

previously approved air quality

guidelines. Supplement C incorporates

improved algorithms for treatment of

area sources and dry deposition in the

Industrial Source Complex (ISC) model,

adopts a solar radiation/delta T (SRDT)

method for estimating atmospheric

stability categories, and adopts a new

screening approach for assessing annual

NO2 impacts.

Final Action

EPA is approving South Carolina’s

notice submitted on May 6, 1996, for

incorporation into the South Carolina

SIP. The EPA is publishing this action

without prior proposal because the EPA

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 20, 1997

unless, by September 19, 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 then 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 20,

1997.

The EPA has reviewed this request for

revision of the Federally-approved SIP

for conformance with the provisions of

the 1990 Amendments enacted on

November 15, 1990. The EPA has

determined that this action conforms

with those requirements.

Nothing in this action shall be

construed as permitting or allowing or

establishing a precedent for any future

request for a 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.

Administrative Requirements

A. Executive Order 12866

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. 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 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 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.EPA., 427 U.S.

246, 256–66 (1976); 42 U.S.C. 7410(a)(2)

and 7410(k)(3).

C. Unfunded Mandates

Under sections 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
Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Rules and Regulations 44219

accompany any 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 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 does not include a Federal

mandate that may result in estimated

costs of $100 million or more to 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 20, 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, Incorporation by

Reference, Intergovernmental relations,

Particulate matter, Reporting and

recordkeeping requirements.

Dated: May 22, 1997.

R.F. McGhee,

Acting Regional Administrator.

Part 52 of chapter I, title 40, Code of

Federal Regulations, is amended as

follows:

PART 52—[AMENDED]

Authority: 42 U.S.C. 7401–7671q.

Subpart PP—South Carolina

2. In § 52.2120(c), the table is

amended by adding an entry for

Supplement C under the entry

Regulation No. 62.5, Section III, at the

end of Standard No. 7 in the ‘‘Air

pollution Control Regulations for South

Carolina’’ to read as follows:

§ 52.2120 Identification of plan.

* * * * *

(c) * * *

AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA

State citation Title/subject State effective date EPA approval date Federal Register notice

* * * * * * *

Regulations No. 62.5 Air Pollution Control Standards

* * * * * * *

Section III Enforceability

Standard No. 7 Prevention of Significant Deterioration

* * * * * * *

Supplement C ....................................................... .................... 05/26/96 August 20, 1997 .................................. [Insert citation for page

No. of publication]

* * * * *

[FR Doc. 97–21919 Filed 8–19–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MO–029–1029; FRL–5875–4]

Approval and Promulgation of

Implementation Plans; State of

Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is taking final action

to approve revisions to Missouri’s State

Implementation Plan (SIP) concerning

Missouri rules 10 CSR 10–2.260 and 10

CSR 10–5.220, ‘‘Control of Petroleum

Liquid Storage, Loading, and Transfer.’’

The purpose of these revisions is to

modify the required testing periods for

petroleum delivery vessels in the

Kansas City metropolitan area and in

the St. Louis nonattainment area. These

revisions are designed to reduce volatile

organic compound emissions from the

loading and unloading of gasoline

delivery vessels during the ozone

season. The reduction in emissions is

part of the state’s plan under the Clean

Air Act (CAA) to reduce ozone levels in

the St. Louis nonattainment area. This

action will also ensure progress toward

improved air quality in Kansas City.

DATES: This rule is effective on

September 19, 1997.

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; and

the EPA Air & Radiation Docket and

Information Center, 401 M Street, SW.,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Stan

Walker at (913) 551–7494.

SUPPLEMENTARY INFORMATION: On

December 27, 1996 (61 FR 68199), the

EPA proposed to approve an