Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations 44909

or critical comments be filed. This

action will be effective October 24,

1997, unless, within 30 days of its

publication, 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this action will be withdrawn before the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 24,

1997.

IV. 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

301 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, 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

regulatory 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 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.

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 October 24, 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,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: August 11, 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]

Subpart F—California

1. The authority citation for Part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. Section 52.220 is amended by

adding paragraphs (c)(197)(i)(B)(2) to

read as follows:

Section 52.220 Identification of plan.

* * * * *

(197) * * *

(i) * * *

(B) * * *

(2) Rule 8–5, adopted on January 20,

1993.

* * * * *

[FR Doc. 97–22513 Filed 8–22–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 157–0046a; FRL–5881–1]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, San

Joaquin Valley Unified Air Pollution

Control District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on a revision to the California

State Implementation Plan. The revision

concerns a rule from the San Joaquin

Valley Unified Air Pollution Control

District (SJVUAPCD). This approval

action will incorporate this rule into the

federally approved SIP. The intended

effect of approving this rule is to

regulate emissions of volatile organic

compounds (VOCs) in accordance with

the requirements of the Clean Air Act,

as amended in 1990 (CAA or the Act).

The revised rule controls VOC
44910 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations

1Among other things, the pre-amendment

guidance consists of those portions of the proposed

Post-1987 ozone and carbon monoxide policy that

concern RACT, 52 FR 45044 (November 24, 1987);

‘‘Issues Relating to VOC Regulation Cutpoints,

Deficiencies, and Deviations, Clarification to

Appendix D of November 24, 1987 Federal Register

Notice’’ (Blue Book) (notice of availability was

published in the Federal Register on May 25, 1988);

and the existing control technique guidelines

(CTGs).

2The San Joaquin Valley Area retained its

designation of nonattainment and was classified by

operation of law pursuant to sections 107(d) and

181(a) upon the date of enactment of the CAA. See

56 FR 56694 (November 6, 1991).

3EPA adopted the completeness criteria on

February 16, 1990 (55 FR 5824) and, pursuant to

section 110(k)(1)(A) of the CAA, revised the criteria

on August 26, 1991 (56 FR 42216).

emissions from adhesives. Thus, EPA is

finalizing the approval of this revision

into the California SIP under provisions

of the CAA regarding EPA action on SIP

submittals, SIPs for national primary

and secondary ambient air quality

standards and plan requirements for

nonattainment areas.

DATES: This action is effective on

October 24, 1997 unless adverse or

critical comments are received by

September 24, 1997. If the effective date

is delayed, a timely notice will be

published in the Federal Register.

ADDRESSES: Comments must be

submitted to Andrew Steckel at the

Region IX office listed below. Copies of

the rule revisions and EPA’s evaluation

report for this rule are available for

public inspection at EPA’s Region IX

office during normal business hours.

Copies of the submitted rule revisions

are available for inspection at the

following locations:

Rulemaking Office (AIR–4), Air

Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, S.W.,

Washington, D.C. 20460

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 92123–1095

San Joaquin Valley Unified Air

Pollution Control District, 1999

Tuolumne Street, Suite #200, Fresno,

CA 93721

FOR FURTHER INFORMATION CONTACT:

Yvonne Fong, Rulemaking Office, AIR–

4, Air Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105, Telephone: (415) 744–1199.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rule being approved into the

California SIP, SJVUAPCD Rule 4653,

Adhesives, was submitted by the

California Air Resources Board to EPA

on August 10, 1995.

II. Background

On March 3, 1978, EPA promulgated

a list of ozone nonattainment areas

under the provisions of the Clean Air

Act, as amended in 1977 (1977 Act or

pre-amended Act), that included the

San Joaquin Valley Area. 43 FR 8964, 40

CFR 81.305. On May 26, 1988, EPA

notified the Governor of California,

pursuant to section 110(a)(2)(H) of the

1977 Act, that the above district’s

portion of the California SIP was

inadequate to attain and maintain the

ozone standard and requested that

deficiencies in the existing SIP be

corrected (EPA’s SIP-Call). On

November 15, 1990, the Clean Air Act

Amendments of 1990 were enacted.

Pub. L. 101–549, 104 Stat. 2399,

codified at 42 U.S.C. 7401–7671q. In

amended section 182(a)(2)(A) of the

CAA, Congress statutorily adopted the

requirement that nonattainment areas

fix their deficient reasonably available

control technology (RACT) rules for

ozone and established a deadline of May

15, 1991 for states to submit corrections

of those deficiencies.

Section 182(a)(2)(A) applies to areas

designated as nonattainment prior to

enactment of the amendments and

classified as marginal or above as of the

date of enactment. It requires such areas

to adopt and correct RACT rules

pursuant to pre-amended section 172 (b)

as interpreted in pre-amendment

guidance.1 EPA’s SIP-Call used that

guidance to indicate the necessary

corrections for specific nonattainment

areas. The San Joaquin Valley Area is

classified as serious; 2 therefore, this

area was subject to the RACT fix-up

requirement and the May 15, 1991

deadline.

The State of California submitted

many revised RACT rules for

incorporation into its SIP on August 10,

1995, including the rule being acted on

in this document. This document

addresses EPA’s direct-final action for

SJVUAPCD Rule 4653, Adhesives. The

SJVUAPCD adopted Rule 4653 on April

13, 1995. This submitted rule was found

to be complete on October 4, 1995

pursuant to EPA’s completeness criteria

that are set forth in 40 CFR part 51

Appendix V 3 and is being finalized for

approval into the SIP.

SJVUAPCD Rule 4653 limits the

volatile organic compound (VOC)

emissions resulting from the application

of adhesives. VOCs contribute to the

production of ground level ozone and

smog. This rule was originally adopted

as part of SJVUAPCD’s effort to achieve

the National Ambient Air Quality

Standard (NAAQS) for ozone and in

response to EPA’s SIP-Call and the

section 182(a)(2)(A) CAA requirement.

The following is EPA’s evaluation and

final action for this rule.

III. EPA Evaluation and Action

In determining the approvability of a

VOC rule, EPA must evaluate the rule

for consistency with the requirements of

the CAA and EPA regulations, as found

in section 110 and part D of the CAA

and 40 CFR part 51 (Requirements for

Preparation, Adoption, and Submittal of

Implementation Plans). The EPA

interpretation of these requirements,

which forms the basis for today’s action,

appears in the various EPA policy

guidance documents listed in footnote

1. Among those provisions is the

requirement that a VOC rule must, at a

minimum, provide for the

implementation of RACT for stationary

sources of VOC emissions. This

requirement was carried forth from the

pre-amended Act.

For the purpose of assisting state and

local agencies in developing RACT

rules, EPA prepared a series of Control

Technique Guideline (CTG) documents.

The CTGs are based on the underlying

requirements of the Act and specify the

presumptive norms for what is RACT

for specific source categories. Under the

CAA, Congress ratified EPA’s use of

these documents, as well as other

Agency policy, for requiring States to

‘‘fix-up’’ their RACT rules. See section

182(a)(2)(A).

There are no CTGs directly applicable

to SJVUAPCD Rule 4653. Consequently,

in addition to being evaluated against

the general requirements of the CAA,

this rule was also evaluated against

‘‘Issues Relating to VOC Regulation

Cutpoints, Deficiencies, and

Deviations—Clarification to Appendix D

of November 24, 1987 Federal Register’’

(EPA’s ‘‘Blue Book’’ referred to in

footnote 1), and against other EPA

policies including the EPA Region IX—

California Air Resources Board

document entitled ‘‘Guidance Document

for Correcting VOC Rule Deficiencies’’

(April 1991). In general, these guidance

documents have been set forth to ensure

that VOC rules are fully enforceable and

strengthen or maintain the SIP.

There is currently no version of

SJVUAPCD Rule 4653, Adhesives in the

SIP. The submitted rule includes the

following provisions:

• A clear delineation of the rule’s

applicability;

• VOC content limits for adhesives,

adhesive primers, and cleaning

materials;
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations 44911

• Specific application techniques and

good housekeeping practices;

• Requirements that persons opting to

use control equipment achieve a

combined control and capture efficiency

of at least 85 percent and keep daily

records of key operating parameters;

• Prohibition of the sale of noncompliant adhesive products within the

District to persons not using add-on

control and prescription that persons

selling non-compliant adhesives record

sales information;

• Requirements for daily records of

the type and quantity of all adhesives,

primers, and cleaning materials used;

• Labeling requirements for adhesive

product manufacturers;

• Test methods for determining VOC

content and capture and control

efficiency.

EPA has evaluated the submitted rule

and has determined that it is consistent

with the CAA, EPA regulations, and

EPA policy. Therefore, SJVUAPCD Rule

4653, Adhesives is being approved

under section 110(k)(3) of the CAA as

meeting the requirements of section

110(a) and part D.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

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.

EPA is publishing this document

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 24,

1997, unless, within 30 days of its

publication, 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 24,

1997.

IV. 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 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, 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 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.

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 October 24, 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,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: August 6, 1997

David P. Howekamp,

Acting Regional Administrator.

Subpart F of part 52, chapter I, title 40

of the Code of Federal Regulations is

amended as follows:

PART 52—[AMENDED]

Subpart F—California

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.
44912 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations

2. Section 52.220 is amended by

adding paragraph (c)(224)(i)(D) to read

as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(224) * * *

(i) * * *

(D) San Joaquin Valley Unified Air

Pollution Control District.

(1) Rule 4653, adopted on April 13,

1995.

* * * * *

[FR Doc. 97–22515 Filed 8–22–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 96–257; RM–8966]

Radio Broadcasting Services;

Cloudcroft, NM

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Robert J. Flotte, allots

Channel 250C1 to Cloudcroft, NM, as

the community’s second local FM

service. See 62 FR 373, January 3, 1997.

Channel 250C1 can be allotted to

Cloudcroft in compliance with the

Commission’s mileage separation

requirements with a site restriction of

15.9 kilometers (9.9 miles) east, at

coordinates 33–00–49 NL; 105–35–16

WL, to avoid a short-spacing to Station

KXKK, Channel 250C, Lordsburg, NM.

Cloudcroft is located within 320

kilometers (199 miles) of the U.S.-

Mexican border. Mexican concurrence

in this allotment was requested in

January, 1997, but has not yet been

received. Therefore, the channel has

been allotted with the following interim

condition: ‘‘Operation with the facilities

specified herein is subject to

modification, suspension, or

termination without right to a hearing,

if found by the Commission to be

necessary in order to conform to the

1992 USA-Mexico FM Broadcast

Agreement.’’ The announced condition

is a temporary measure as our

engineering analysis has determined

that Channel 250C1 at Cloudcroft

complies with the Agreement.

Therefore, once an official response

from the Mexican Government has been

received, the referenced condition may

be removed. With this action, this

proceeding is terminated.

DATES: Effective September 29, 1997.

The window period for filing

applications will open on September 29,

1997, and close on October 30, 1997.

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 96–257,

adopted August 6, 1997, and released

August 15, 1997. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street

NW., Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under New Mexico, is

amended by adding Channel 250C1 at

Cloudcroft.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–22116 Filed 8–22–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 96–142; RM–8829 & RM–

8873]

Radio Broadcasting Services;

Woodville and St. Marks, FL

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: Action in this document

allots Channel 250A to Woodville,

Florida, as that community’s first local

broadcast service, in response to a

petition filed by George Roberts d/b/a

Anchor Communications. The

coordinates for Channel 250A are 30–

17–56 and 84–07–40. There is a site

restriction 11.7 kilometers (7.3 miles)

east of the community. The

counterproposal filed by St. Marks

Broadcasting proposing the allotment of

Channel 250A to St. Marks, Florida, was

denied (RM–8873). With this action,

this proceeding is terminated.

DATES: Effective September 29, 1997.

The window period for filing

applications for Channel 250A at

Woodville, Florida, will open on

September 29, 1997, and close on

October 30, 1997.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 96–142,

adopted August 6, 1997, and released

August 15, 1997. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’s

Reference Center (Room 239), 1919 M

Street, NW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractors, International

Transcription Services, Inc., 1231 20th

Street, NW., Washington, DC 20036,

(202) 857–3800, facsimile (202) 857–

3805.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Florida, is amended

by adding Woodville, Channel 250A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–22405 Filed 8–22–97; 8:45 am]

BILLING CODE 6712–01–P