Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Rules and Regulations 43645

(‘‘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 CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by October 14, 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,

Reporting and recordkeeping

requirements.

Dated: July 9, 1997.

Michael V. Peyton,

Acting Regional Administrator.

Part 52 of chapter I, title 40, 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 RR—Tennessee

2. Section 52.2220 is amended by

adding paragraph (c)(157) to read as

follows:

§ 52.2220 Identification of plan.

* * * * *

(c) * * *

(157) The visible emission chapter

revisions to the Tennessee SIP which

were submitted on October 6, 1994.

(i) Incorporation by reference.

(A) Chapter 1200–3–5 Visible

Emissions effective on June 7, 1992.

(ii) Other material. None.

* * * * *

[FR Doc. 97–21699 Filed 8-14-97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 128–0043; FRL–5875–9]

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 revisions to the California

State Implementation Plan. The

revisions concern negative declarations

from the San Joaquin Valley Unified Air

Pollution Control District (SJVUAPCD)

for five source categories that emit

oxides of nitrogen (NOX): Nitric and

Adipic Acid Manufacturing Plants,

Cement Manufacturing Plants, Asphalt

Batch Plants, Iron and Steel

Manufacturing Plants, and Driers. The

SJVUAPCD has certified that these

source categories are not present in the

District and this information is being

added to the federally approved State

Implementation Plan. The intended

effect of approving these negative

declarations is to meet the requirements

of the Clean Air Act, as amended in

1990 (CAA or the Act). Thus, EPA is

finalizing the approval of these

revisions 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 14, 1997 unless adverse or

critical comments are received by

September 15, 1997. If the effective date

is delayed, a timely notice will be

published in the Federal Register.

ADDRESSES: Comments must be

submitted to Julie Rose at the Region IX

office listed below. Copies of the

submitted negative declarations are

available for public inspection at EPA’s

Region IX office and also at the

following locations during normal

business hours.

Rulemaking Office (AIR–4), Air

Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105

Air Docket (6102), U.S. Environmental

Protection Agency, 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, Fresno, CA 93721

FOR FURTHER INFORMATION CONTACT: Julie

A. Rose, Rulemaking Office (AIR–4), Air

Division, U.S. Environmental Protection

Agency, 75 Hawthorne Street, San

Francisco, CA 94105, Telephone: (415)

744–1184.

SUPPLEMENTARY INFORMATION:

I. Applicability

The revisions being approved as

additional information for the California

SIP include five negative declarations

from the SJVUAPCD regarding the

following source categories: (1) Nitric

and Adipic Acid Manufacturing Plants,

(2) Cement Manufacturing Plants, (3)

Asphalt Batch Plants, (4) Iron and Steel

Manufacturing Plants, and (5) Driers.

These negative declarations were

submitted by the California Air

Resources Board (CARB) to EPA on

October 17, 1994.

II. Background

On November 15, 1990, the Clean Air

Act Amendments of 1990 (CAA) were

enacted. Public Law 101–549, 104 Stat.
43646 Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Rules and Regulations

1 The San Joaquin Valley Air Basin 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

55 FR 56694 (November 6, 1991).

2 EPA adopted the completeness criteria on

February 16, 1990 (55 FR 5830) and, pursuant to

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

on August 26, 1991 (56 FR 42216).

2399, codified at 42 U.S.C. 7401–7671q.

The air quality planning requirements

for the reduction of NOx emissions

through reasonably available control

technology (RACT) are set out in section

182(f) of the CAA. On November 25,

1992, EPA published a proposed

rulemaking entitled ‘‘State

Implementation Plans; Nitrogen Oxides

Supplement to the General Preamble;

Clean Air Act Amendments of 1990

Implementation of Title I; Proposed

Rule,’’ (the NOx Supplement) which

describes the requirements of section

182(f). The NOx Supplement should be

referred to for further information on the

NOx requirements and is incorporated

into this document by reference. Section

182(f) of the Clean Air Act requires

states to apply the same requirements to

major stationary sources of NOx

(’’major’’ as defined in section 302 and

section 182 (c), (d), and (e)) as are

applied to major stationary sources of

volatile organic compounds (VOCs), in

moderate or above ozone nonattainment

areas. The San Joaquin Valley Air Basin

(SJVAB) is classified as a serious

nonattainment area for ozone.1 The

SJVAB area is subject to the RACT

requirements of section 182(b)(2), cited

above.

Section 182(b)(2) requires submittal of

RACT rules for major stationary sources

of VOC emissions (not covered by a preenactment control technique guidelines

(CTG) document or a post-enactment

CTG document) by November 15, 1992.

There were no NOx CTGs issued before

enactment and EPA has not issued a

CTG document for any NOx category

since enactment of the CAA. EPA has

issued guidance documents in the form

of Alternative Control Techniques for

nine NOx source categories: (1) Nitric

and Adipic Acid Manufacturing Plants,

(2) Stationary Combustion Gas Turbines,

(3) Process Heaters, (4) Stationary

Internal Combustion Engines, (5) Utility

Boilers, (6) Cement Manufacturing, (7)

Glass Manufacturing, (8) Iron and Steel

Plants, and (9) Industrial, Commercial,

and Institutional Boilers.

The five negative declarations were

adopted on September 14, 1994 and

submitted by the State of California on

October 17, 1994. The submitted

negative declarations were found to be

complete on December 1, 1994 pursuant

to EPA’s completeness criteria that are

set forth in 40 CFR part 51 Appendix V.2

These negative declarations are being

finalized for approval into the SIP as

additional information.

This document addresses EPA’s direct

final action for the SJVUAPCD negative

declarations for: (1) Nitric and Adipic

Acid Manufacturing Plants, (2) Cement

Manufacturing Plants, (3) Asphalt Batch

Plants, and (4) Iron and Steel

Manufacturing Plants, and (5) Driers.

The submitted negative declarations

certify that there are no NOx sources in

these source categories located inside

SJVUAPCD. Therefore, the

determination being evaluated is that

there is no need to have RACT rules in

the SIP for these source categories at

this time.

III. EPA Evaluation and Action

In determining the approvability of a

negative declaration, EPA must evaluate

the declarations for consistency with the

requirements of the CAA and EPA

regulations, as found in section 110 of

the CAA and 40 CFR part 51

(Requirements for Preparation,

Adoption, and Submittal of

Implementation Plans).

In a Resolution dated September 14,

1994, the SJVUAPCD Board affirmed

that the SJVUAPCD does not have any

major stationary sources in these source

categories located within the federal

ozone nonattainment planning area.

EPA has evaluated these negative

declarations and has determined that

they are consistent with the CAA, EPA

regulations, and EPA policy.

SJVUAPCD’s negative declarations for

Nitric and Adipic Acid Manufacturing

Plants, Cement Manufacturing Plants,

Asphalt Batch Plants, Iron and Steel

Manufacturing Plants, and Driers are

being approved under section 110(k)(3)

of the CAA as meeting the requirements

of section 110(a) and Part D.

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 14,

1997, unless, by September 15, 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 14,

1997.

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.

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
Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Rules and Regulations 43647

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 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 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 14, 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, Nitrogen

dioxide, Reporting and recordkeeping

requirements, Volatile organic

compounds.

Dated: August 1, 1997.

Felicia Marcus,

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 F—California

2. Section 52.222 is being amended by

adding paragraph (b)(2) to read as

follows:

§ 52.222 Negative declarations.

* * * * *

(b) * * *

(2) San Joaquin Valley Unified Air

Pollution Control District.

(i) Nitric and Adipic Acid

Manufacturing Plants, Cement

Manufacturing Plants, Asphalt Batch

Plants, Iron and Steel Manufacturing

Plants, and Driers were submitted on

October 17, 1994 and adopted on

September 14, 1994.

* * * * *

[FR Doc. 97–21694 Filed 8–14–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MO–028–1028; FRL–5875–7]

Approval and Promulgation of

Implementation Plans; State of

Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final notice of the

Herculaneum, Missouri, nonattainment

area’s failure to attain the National

Ambient Air Quality Standard (NAAQS)

for lead.

SUMMARY: Pursuant to the Clean Air Act

(CAA or the Act), the EPA has notified

the state of Missouri that the Doe RunHerculaneum nonattainment area failed

to attain the NAAQS for lead (Pb) by

June 30, 1995, as required under the

provisions of the Act and the Missouri

State Implementation Plan (SIP). This

notification is based on the EPA’s

review of monitored air quality data for

compliance with the NAAQS for lead.

This notice is issued pursuant to the

EPA’s obligations under sections 179(c)

(1) and (2) of the CAA, which require

the EPA to make a determination of an

area’s attainment status following an

applicable attainment date, and publish

a notice in the Federal Register

indicating that such a determination has

been made. Pursuant to section

179(d)(1) of the CAA, Missouri is

required to submit a SIP revision,

meeting the applicable provisions of the

Act within one year of today’s finding.

DATES: This action is effective on

September 15, 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.

FOR FURTHER INFORMATION CONTACT:

Royan W. Teter at (913) 551–7609.

SUPPLEMENTARY INFORMATION:

I. Background

The EPA designated the area in the

vicinity of the Doe Run Company’s

primary lead smelter in Herculaneum,

Missouri, nonattainment with respect to

the NAAQS for lead on November 6,

1991 (56 FR 56694). This designation

became effective on January 6, 1992.

Missouri initially submitted a SIP

revision addressing the nonattainment

designation in July 1993. Supplements

were submitted in March and November

1994. The EPA approved Missouri’s

revised SIP on May 5, 1995 (60 FR

22274), establishing June 30, 1995, as

the date by which the area was to have

attained the NAAQS for lead. Ambient

air monitoring data, as shown below,

indicate that violations of the lead

NAAQS have continued to occur in

each calendar quarter subsequent to the

attainment date. On March 5, 1997, the

EPA published a proposed notice of

failure to attain the NAAQS for the

Herculaneum, Missouri, nonattainment

area (62 FR 10001). The proposed notice

detailed the responsibilities of the EPA

and the state of Missouri under the CAA

and provided the public with an

opportunity to comment on the

Agency’s determination that the

Herculaneum area has failed to attain

the standard.

Lead Ambient Air Quality Data—

Vicinity Of The DOE Run Primary

Smelter

Calendar Quarterly Values

(Micrograms of lead per cubic meter of

air (μg/m3))