Federal Register / Vol. 62, No. 160 / Tuesday, August 19, 1997 / Rules and Regulations 44083

1Paragraphs (g) and (h) were published in the

Federal Register on June 25, 1997 (62 FR 34169).

DEPARTMENT OF JUSTICE

28 CFR Part 16

[AGA/A Order No. 142–97]

Exemption of Records Systems Under

the Privacy Act

AGENCY: Department of Justice.

ACTION: Final rule.

SUMMARY: The Department of Justice is

exempting a Privacy Act system of

records from subsections (c) (3) and (4);

(d); (e) (1), (2), (3), (5), (8) and (g) of the

Privacy Act, 5 U.S.C. 552a. This system

of records is maintained by the

Immigration and Naturalization Service

(INS) and is entitled ‘‘Law Enforcement

Support Center (LESC) Database,

JUSTICE/INS–023.’’ Information in this

system relates to inquiries via criminal

justice agencies of immigrants who have

the status of legal permanent resident

and/or United States citizen and who

are either the subject of an investigation,

or have been arrested, charged and/or

convicted for criminal or civil offenses

which could render them deportable or

excludable under the provisions of

immigration and nationality laws. The

exemptions are necessary to avoid

interference with law enforcement

operations. Specifically, the exemptions

are necessary to prevent subjects of

investigations from frustrating the

investigatory or other law enforcement

process such as, deportation/expulsion

proceedings.

EFFECTIVE DATE: August 19, 1997.

FOR FURTHER INFORMATION CONTACT:

Patricia E. Neely—202–616–0178.

SUPPLEMENTARY INFORMATION: On May

14, 1997 (62 FR 26458) a proposed rule

was published in the Federal Register

with an invitation to comment. No

comments were received.

This order relates to individuals

rather than small business entities.

Nevertheless, pursuant to the

requirements of the Regulatory

Flexibility Act, 5 U.S.C. 601–612, it is

hereby stated that the order will not

have ‘‘significant economic impact on a

substantial number of small entities.’’

List of Subjects in Part 15

Administrative Practices and

Procedures, Courts, Freedom of

Information Act, Government in the

Sunshine Act, and the Privacy Act.

Dated: July 31, 1997.

Michael J. Roper,

Acting Assistant Attorney General for

Administration.

Pursuant to the authority vested in the

Attorney General by 5 U.S.C. 552a and

delegated to me by Attorney General

Order No. 793–78, 28 CFR part 16 is

amended as follows.

1. The authority for Part 16 continues

to read as follows:

Authority: 5 U.S.C. 301, 552, 552a, 552b(g),

553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, 510,

534, 31 U.S.C. 3717, 9701.

2. 28 CFR 16.99 is amended by adding

paragraphs (i) and (j) to read as follows:1

§ 16.99 Exemption of the Immigration and

Naturalization Service Systems-limited

access.

* * * * *

(i) The Law Enforcement Support

Center Database (LESC) (Justice/INS–

023) system of records is exempt under

the provisions of 5 U.S.C. 552a(j)(2)

from subsections (c) (3) and (4); (d); (e)

(1), (2), (3), (5), (8) and (g); but only to

the extent that this system contains

records within the scope of subsection

(j)(2), and to the extent that records in

the system are subject to exemption

therefrom. In addition, this system of

records is also exempt in part under the

provisions of 5 U.S.C. 552a(k)(2) from

subsections (c)(3); (d); and (e)(1), but

only to the extent that this system

contains records within the scope of

subsection (k)(2), and to the extent that

records in the system are subject to

exemption therefrom.

(j) The following justifications apply

to the exemptions from particular

subsections:

(1) From subsection (c)(3) for reasons

stated in paragraph (h)(1) of this section.

(2) From subsection (c)(4) for reasons

stated in paragraph (h)(2) of this section.

(3) From the access and amendment

provisions of subsection (d) because

access to the records contained in this

system of records could inform the

subject of a criminal or civil

investigation of the existence of that

investigation; of the nature and scope of

the information and evidence obtained

as to their activities; and of information

that may enable the subject to avoid

detection or apprehension. Such

disclosures would present a serious

impediment to effective law

enforcement where they prevent the

successful completion of the

investigation or other law enforcement

operation such as deportation or

exclusion. In addition, granting access

to these records could result in a

disclosure that would constitute an

unwarranted invasion of the privacy of

third parties. Amendment of the records

would interfere with ongoing

investigations and law enforcement

activities and impose an impossible

administrative burden by requiring

investigations to be continuously

reinvestigated.

(4) From subsection (e)(1) for reasons

stated in paragraph (h)(4) of this section.

(5) From subsection (e)(2) for reasons

stated in paragraph (h)(5) of this section.

(6) From subsection (e)(3) because the

requirement that individuals supplying

information be provided with a form

stating the requirements of subsection

(e)(3) would constitute a serious

impediment to criminal law

enforcement in that it could

compromise the existence of a

confidential investigation.

(7) From subsection (e)(5) for reasons

stated in paragraph (h)(7) of this section.

(8) From subsection (e)(8) for reasons

stated in paragraph (h)(8) of this section.

(9) From subsection (g) to the extent

that this system is exempt from the

access and amendment provisions of

subsection (d).

[FR Doc. 97–21856 Filed 8–18–97; 8:45 am]

BILLING CODE 4410–10–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[TX60–1–7269; FRL–5870–1]

Clean Air Act (Act) Approval and

Promulgation of State Implementation

Plans (SIP); Texas; Prevention of

Significant Deterioration (PSD)

Increments for Particulate Matter Less

Than 10 Microns in Diameter (PM–10);

Designation of Areas for Air Quality

Planning Purposes

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This action approves changes

to the PSD permitting regulations which

were submitted as a revision to the SIP

for Texas and approves the State’s

recodification of its PSD provisions.

This SIP revision replaces the PSD

increments for total suspended

particulate (TSP) matter with

increments for PM–10. In conjunction

with this approval, EPA is also

removing the TSP area designation

tables in 40 CFR part 81 for Texas. With

the PM–10 increments becoming

effective in Texas, the TSP area

designations no longer serve any useful

purpose relative to PSD.

DATES: This action is effective on

October 20, 1997 unless notice is

postmarked by September 18, 1997 that

someone wishes to submit adverse or

critical comments. If the effective date is

delayed, timely notice will be published

in the Federal Register (FR).
44084 Federal Register / Vol. 62, No. 160 / Tuesday, August 19, 1997 / Rules and Regulations

ADDRESSES: Written comments on this

action should be addressed to Mrs. Jole

C. Luehrs, Chief, Air Permits Section

(6PD-R), at the EPA Region 6 office

listed below. Copies of documents

relevant 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 two working

days in advance.

Environmental Protection Agency,

Region 6, Multimedia Planning and

Permitting Division, First Interstate

Bank Building, 1445 Ross Avenue, Suite

700, Dallas, Texas 75202–2733.

Texas Natural Resource Conservation

Commission, Office of Air Quality,

12124 Park 35 Circle, Austin, Texas

78753.

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, S.W., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Reverdie Daron Page, Air Permits

Section (6PD-R), Environmental

Protection Agency, Region 6, 1445 Ross

Avenue, Dallas, Texas 75202–2733,

telephone (214) 665–7222.

SUPPLEMENTARY INFORMATION:

I. Background

The EPA replaced the TSP increments

with increments for PM–10 on June 3,

1993 (58 FR 31622). The EPA

promulgated this revision to the Federal

PSD permitting regulations in 40 CFR

52.21, as well as to the PSD permitting

requirements that State programs must

meet in order to be approved into the

SIP in 40 CFR 51.166. The EPA or its

delegated State programs were required

to begin implementation of the PM–10

increments by June 3, 1994, while the

implementation date for States with SIPapproved PSD permitting programs

(including Texas) will be the date on

which EPA approves each revised State

PSD program containing the PM–10

increments. In accordance with 40 CFR

51.166(a)(6)(i), each State with a SIPapproved PSD program was required to

adopt the PM–10 increment

requirements within nine months of the

effective date (or by March 3, 1995). For

further background regarding the PM–10

increments, see the June 3, 1993,

Federal Register document.

In order to address the PM–10

increments, the State of Texas revised

30 Texas Administrative Code (TAC)

Chapter 116, Section 116.160(a). The

EPA has reviewed this revision and has

found that the revision addresses all of

the required regulatory revisions for

PM–10 increments.

The EPA originally approved the

Texas PSD SIP in the Federal Register

on June 24, 1992 (57 FR 28093). This

approval gave the Texas Natural

Resource Conservation Commission

(TNRCC) (formerly the Texas Air

Control Board (TACB)) direct authority,

as of July 24, 1992, to issue and enforce

PSD permits in most areas of Texas,

with the limitations described in the

notice. The State incorporated by

reference, with certain exceptions, the

regulations in 40 CFR 52.21, as they

existed on August 1, 1987, into Section

116.3(a)(13) of TACB Regulation VI,

‘‘Control of Air Pollution by Permits for

New Construction or Modification.’’ At

the time the revisions were adopted by

TACB and approved by EPA, Regulation

VI was codified in Chapter 116 of Title

31 of the TAC.

The Governor of Texas submitted to

EPA on February 18, 1991, a revision to

Section 116.3(a)(13) of TACB Regulation

VI. This revision changed the date in

Section 116.3(a)(13) from ‘‘August 1,

1987’’ to ‘‘October 17, 1988’’ to reflect

the amendments to 40 CFR 52.21 as

promulgated in the Federal Register on

October 17, 1988 (53 FR 40656)

(Nitrogen Oxides PSD increments). The

EPA approved this revision to Section

116.3(a)(13) on September 9, 1994 (59

FR 46556).

The Governor of Texas submitted to

EPA on May 13, 1992, a revision to

redesignate Section 116.3(a)(13) to

Section 116.3(a)(11), with minor

changes thereto. The EPA approved this

revision on September 27, 1995 (60 FR

49788).

On August 16, 1993, the TACB

repealed Regulation VI (31 TAC Chapter

116), ‘‘Control of Air Pollution by

Permits for New Construction or

Modification,’’ and adopted a recodified

and revised Regulation VI (31 TAC

Chapter 116) with the same name. The

recodified and revised Regulation VI

was submitted to EPA as a revision to

the Texas SIP on August 31, 1993.

The TACB merged with the former

Texas Water Commission to become the

Texas Natural Resource Conservation

Commission (TNRCC) on September 1,

1993. The TACB air quality control

regulations were transferred from Title

31 of the Texas Administrative Code (31

TAC) to Title 30 of the Texas

Administrative Code (30 TAC). The

designation for Regulation VI thus

changed from 31 TAC Chapter 116 to 30

TAC Chapter 116.

II. State Submittal

In this action, EPA is approving the

recodified and revised Regulation VI

only for the PSD portion of the new

regulation. The EPA is also approving

for the PSD SIP the transfer of

Regulation 31 TAC to 30 TAC. The rest

of the recodified regulation VI and its

transfer to 30 TAC will be acted upon

in a separate notice.

The Act as amended in 1990 requires

States to observe certain procedural

requirements in developing

implementation plans and plan

revisions for submission to EPA. Section

110(a)(2) of the Act provides that each

implementation plan submitted by a

State must be adopted after reasonable

notice and public hearing. Section

110(l) of the Act similarly provides that

each revision to an implementation plan

submitted by a State under the Act must

be adopted by such State after

reasonable notice and public hearing.

The EPA also must determine

whether a submittal is complete and

therefore warrants further EPA review

and action. See section 110(k)(1) and 57

FR 13565, April 16, 1992. The EPA’s

completeness criteria for SIP submittals

are set out at 40 CFR part 51, appendix

V. The EPA attempts to make

completeness determinations within 60

days of receiving a submission.

However, a submittal is deemed

complete by operation of law under

section 110(k)(1)(B) if a completeness

determination is not made by EPA

within six months after receipt of the

submission.

Public hearings to entertain public

comment for the recodified PSD rules

were held by Texas on March 16 and 31,

1993. After the public hearings, the

recodification was adopted by the State

on August 16, 1993. That recodification

was formally submitted to EPA for

approval as a SIP revision on August 31,

1993. The SIP revision was reviewed by

EPA to determine completeness shortly

after its submittal, in accordance with

the completeness criteria referenced

above. The submittal was found to be

complete, and a letter was forwarded to

Texas, on January 5, 1994, indicating

the completeness of the submittal and

the next steps to be taken in the

processing of the SIP submittal.

A public hearing to entertain public

comment for the PM–10 increment PSD

rule was held by Texas on January 19,

1995. After the public hearing, the rule

revision was adopted by the State on

March 1, 1995. The revision was

formally submitted to EPA for approval

on July 12, 1995. The SIP revision was

reviewed by EPA to determine

completeness shortly after its submittal,
Federal Register / Vol. 62, No. 160 / Tuesday, August 19, 1997 / Rules and Regulations 44085

in accordance with the completeness

criteria referenced above. The submittal

was found to be complete, and a letter

was forwarded to Texas, on October 20,

1995, indicating the completeness of the

submittal and the next steps to be taken

in the processing of the SIP submittal.

III. Analysis of State Submittal

The following table summarizes

EPA’s evaluation of each section

submitted and acted upon in this action.

The table cross-references the submitted

sections of the recodified rules

pertaining to Prevention of Significant

Deterioration to the previous rule.

Summary of Submittals Pertaining to

Recodification of Regulation VI and

‘‘Prevention of Significant

Deterioration’’

Recodified rule Date submitted Title Old rule Comments

116.160(a) ...........................

116.160(b)

116.160(c)

116.160(d)

August 31, 1993 ............... Prevention of Significant

Deterioration Requirements.

116.3(a)(11) ...................... (a)

(a)

(a)

(a)

116.160(a) ........................... July 12, 1995 .................... PSD Requirements ........... 116.3(a)(11) ...................... Replaced Effective Date to

incorporate PSD PM10

increments.

116.161 ............................... August 31, 1993 ............... Source Located in an Attainment Area with a

Greater than de minimis

impact.

116.3(a)(9) ........................ (c)

116.162 ...............................

116.162 (1)–(4)

August 31, 1993 ............... Evaluation of Air Quality

Impacts.

116.3(a)(12) ...................... (a)

116.163(a) ...........................

116.163(b)

116.163(c)

116.163(d)

116.163(e)

August 31, 1993 ............... Prevention of Significant

Deterioration Permit

Fees.

116.11(b)(2)(A) .................

116.11(b)(2)(B) .................

New ...................................

116.11(b)(3) ......................

116.11(b)(4) ......................

(a)

(a)

(b, c)

(a)

(a)

116.141(a) ...........................

116.141(c)

116.141(d)

116.141(e)

August 31, 1993 ............... Determination of Fees ...... 116.11(b)(1) ......................

116.11(b)(3) ......................

116.11(b)(4) ......................

New ...................................

(a)

(a)

(a)

(b, c)

116.010 ............................... August 31, 1993 ............... Definition—de minimis impact.General Rules 101.1 ........ (a)

a No substantive changes in recodified rule.

b New rule.

cEPA has determined is consistent with the Act.

PSD Program as Submitted August 31,

1993

As part of the recodification SIP

submittal, on August 31, 1993, Texas

submitted Sections 116.010, 116.160,

116.161, and 116.162, addressing PSD

and Sections 116.163 and 116.141

relating to the determination of fees.

Sections 116.160 (a)–(d) replace

Section 116.3(a)(11) without substantive

changes. Section 116.3(a)(11) is the PSD

requirement and was approved June 24,

1992, as 116.3(a)(13) (57 FR 28093), EPA

approved revisions to Section

116.3(a)(13) to incorporate the NOX

increments on September 9, 1994 (59 FR

46556), and EPA approved the

redesignation to Section 116.3(a)(11) (60

FR 49788) with minor revisions on

September 27, 1995.

Section 116.161 replaces Section

116.3(a)(9) (A)–(C). Section 116.161

provides that if a source is located in an

area classified as attainment or

unclassifiable for any National Ambient

Air Quality Standard (NAAQS), then

TNRCC will not issue a permit to any

new major stationary source or major

modification to the source if the

ambient air impacts would cause or

contribute to a violation of any NAAQS.

A major source or major modification

will be considered to cause or

contribute to a violation of a NAAQS

when the emissions from such source or

modification would, at a minimum,

exceed the de minimis impact levels

specified in Section 116.010 at any

locality that is designated to be

nonattainment or is predicted to be

nonattainment for the applicable

standard. The submitted revision

conforms to the requirements of 40 CFR

51.165(b). The EPA approved a similar

provision as Section 116.3(a)(14) on July

10, 1981 (46 FR 35643). The EPA

subsequently approved the

redesignation to Section 116.3(a)(9) and

revisions thereto on September 27, 1995

(60 FR 49788). This new language

mirrors the Federal rule and therefore

meets the requirements of 40 CFR

51.165(b) and the Act.

The definition of de minimis impact

in Section 116.010 is being included

with this recodification because Section

116.161 relies on this definition for

applicability thresholds. Section

116.010, definition of de minimis

impact replaces the same definition in

Section 101.1, of the General Rules

without substantive changes. The EPA

approved the definition of de minimis

impact in Section 101.1 on September

10, 1991 (56 FR 46117).

Section 116.162 introductory

paragraph and Sections 116.162 (1)–(4)

replace Section 116.3(a)(12) without

substantive changes. Section

116.3(a)(12) Evaluation of Air Quality

Impacts was approved as 116.3(a)(14) on

November 22, 1988 (53 FR 47189). The

EPA approved the redesignation to

Section 116.3(a)(12) with minor

revisions on September 27, 1995 (60 FR

49788).

In the recodification of Chapter 116,

Texas divided Section 116.11(b)

Determination of Fees into two parts.

Section 116.163 applies to projects for

which PSD does apply and Sections

116.141 applies to projects for which

PSD does not apply.

Section 116.163 (a)–(b), and (d)–(e)

replaces Section 116.11(b)(2) (A)–(B)

and 116.11(b) (3)–(4) without

substantive changes except for an

increase in permitting fees and a special

rate for Federal facilities. Section

116.163(c) merely states that a New

Source Review permit fee is not

required in addition to the PSD fee.

Sections 116.141 (a), (c), and (d)

replace subsections 116.11(b) (1),(3),

and (4) without substantive changes
44086 Federal Register / Vol. 62, No. 160 / Tuesday, August 19, 1997 / Rules and Regulations

1The EPA did not promulgate new PM–10

increments simultaneously with the promulgation

of the PM–10 NAAQS. Under section 166(b) of the

Act, EPA is authorized to promulgate new

increments ‘‘not more than 2 years after the date of

promulgation of * * * standards.’’ Consequently,

EPA temporarily retained the TSP increments, as

well as the section 107 areas for TSP.

2 It should be noted that 40 CFR part 81 does not

presently list all section 107 areas for PM–10. Only

those areas designated ‘‘nonattainment’’ appear in

the State listings. This is because under the listing

published by EPA in the Federal Register on

November 6, 1991, EPA’s primary objective was to

identify nonattainment areas designated as such by

operation of law upon enactment of the 1990

Amendments. For States having no PM–10

nonattainment areas designated by operation of law,

EPA did not include a new PM–10 listing.

Nevertheless, section 107(d)(4)(B)(iii) mandates that

all areas not designated nonattainment for PM–10

by operation of law, are designated unclassifiable.

The PM–10 increments apply in any area

designated unclassifiable for PM–10.

except for an increase in permitting fees

and a special rate for Federal facilities.

Section 116.141(e) establishes a

minimum fee.

The EPA approved Sections 116.11(b)

(1)–(4) on November 24, 1986 (51 FR

42223) and revisions thereto on

September 27, 1995 (60 FR 49788). The

EPA approved Subparagraphs

116.11(b)(3) (A)–(B) on August 15, 1983

(48 FR 36819). The EPA has determined

that Sections 116.163(c) and 116.141(e)

are consistent with the Act.

It is EPA’s position that the recodified

PSD rules meet 40 CFR 51.166 and the

Act.

PSD Program as Submitted July 12, 1995

The Governor of Texas submitted a

revision to 30 TAC Chapter 116, Section

116.160(a) on July 12, 1995, which

incorporates the requirements of 40 CFR

52.21 as revised by EPA on June 3, 1993

(effective June 3, 1994) to reflect the

PM–10 increment revision as

promulgated in the Federal Register on

June 3, 1993. This revision enables the

State of Texas, with certain exceptions,

to implement and enforce the Federal

PSD rules, including the PSD PM–10

increments. The exceptions are the same

as those discussed in the action

published June 24, 1992, approving the

Texas PSD SIP. The EPA has

determined that the State of Texas has

adequately revised its existing PSD SIP

to incorporate the provisions of the PM–

10 increments promulgated by EPA on

June 3, 1993.

IV. TSP Area Deletions

Section 107(d) of the 1977

Amendments to the Act authorized each

State to submit to the Administrator a

list identifying those areas which: (1) Do

not meet a NAAQS (nonattainment

areas), (2) cannot be classified on the

basis of available ambient data

(unclassifiable areas), and (3) have

ambient air quality levels better than the

NAAQS (attainment areas). In the

original list of all area designations

pursuant to section 107(d)(2) (section

107 areas), including those designations

for TSP, in 40 CFR part 81.

One of the purposes stated in the Act

for the section 107 areas is for

implementation of the statutory

requirements for PSD. The PSD

provisions of part C of the Act generally

apply in all section 107 areas that are

designated attainment or unclassifiable

(40 CFR 52.21(i)(3)). Under the PSD

program, the air quality in an attainment

or unclassifiable area is not allowed to

deteriorate beyond prescribed maximum

allowable increases in pollutant

concentrations (i.e., increments).

The EPA revised the primary and

secondary NAAQS for particulate matter

on July 1, 1987 (52 FR 24634),

eliminating TSP as the indicator for the

NAAQS and replacing it with the PM–

10 indicator. However, EPA did not

delete the section 107 areas for TSP

listed in 40 CFR part 81 at that time

because there were no increments for

PM–10 promulgated at that time.1 States

were required to continue implementing

the TSP increments in order to prevent

significant deterioration of particulate

matter air quality until the PM–10

increments replaced the TSP

increments. With the State adoption and

implementation of the PM–10

increments becoming effective, the TSP

area designations generally serve no

useful purpose relative to the PSD

program. Instead, the PM–10 area

designations now serve to properly

identify those areas where air quality is

better than the NAAQS, i.e., ‘‘PSD

areas,’’ and to provide the geographic

link necessary for implementation of the

PM–10 increments.2

Thus, in the June 3, 1993, Federal

Register document in which EPA

promulgated the PM–10 increments,

EPA stated that, for States with SIPapproved PSD programs, EPA would

delete the TSP area designations at the

same time EPA approves the revision to

a State’s plan incorporating the PM–10

increments. For delegated PSD programs

or in States where EPA administers the

PSD program, the TSP area designations

were to be deleted after the PM–10

increments became effective in those

States (i.e., June 3, 1994). In deleting

any State’s TSP area designations, EPA

must ensure that the deletion of those

designations will not result in a

relaxation of any control measures that

ultimately protect the PM–10 NAAQS.

As stated above, Texas has adopted

and submitted adequate PSD revisions

for PM–10 increments. In addition,

Texas has no TSP areas designated as

nonattainment. All existing PM control

measures in the Texas SIP remain in

effect to ensure continuing attainment

and maintenance of the PM–10 standard

throughout the State. Thus, deletion of

the TSP area designations will not result

in relaxation of any PM controls that

would impact the PM–10 NAAQS.

Furthermore, Texas has one PM–10

nonattainment area (the City of El Paso)

identified in the PM–10 designation

table in 40 CFR part 81 for Texas. The

EPA approved the PM–10 SIP for El

Paso on January 18, 1994 (59 FR 2532).

Since the State has adopted, and EPA

has approved, the PM–10 SIP for El

Paso, EPA believes it is appropriate at

this time to delete the State’s TSP

designation tables in 40 CFR 81.344.

Consistent with the above discussion,

EPA is deleting all of the State’s existing

TSP designation tables in 40 CFR 81.344

and placing these section 107 areas into

the PM–10 area designation table in 40

CFR 81.344, consistent with the June 3,

1993 Federal Register.

V. Final Action

The EPA is approving the transfer

from 31 TAC to 30 TAC Sections

116.010; 116.160; 116.161; 116.162;

116.163; addressing part C of Title I of

the 1990 Clean Air Act which requires

each SIP to address the requirements of

PSD, and 31 TAC Section 116.141 (a),

(c), (d), and (e) relating to the

determination of fees, as submitted on

August 31, 1993, and revisions to 30

TAC Section 116.160(a) submitted on

July 12, 1995. Sections 116.160,

116.161, 116.162, 116.163 (a)–(b),

116.163(d), and 116.163(e), as submitted

August 31, 1993, replace, without

substantive changes except for an

increase in permitting fees and a special

rate for Federal facilities, respectively:

116.3(a)(11), 116.3(a)(9), 116.3(a)(12),

116.11(b)(2) (A)–(B), 116.11(b)(3), and

116.11(b)(4). Sections 116.141 (a),(c),

and (d) replace without substantive

changes except for an increase in

permitting fees and a special rate for

Federal facilities, respectively

subsections 116.11(b) (1), (3), and (4).

Sections 116.163(c) and 116.141(e) are

new. Consistent with the June 3, 1993,

Federal Register and for the reasons

described above, EPA is deleting the

State’s existing TSP area designation

tables and revising the PM–10 area

designation table in 40 CFR 81.344.

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
Federal Register / Vol. 62, No. 160 / Tuesday, August 19, 1997 / Rules and Regulations 44087

publication, EPA is proposing to

approve these SIP revisions should

adverse or critical comments be filed.

This action will be effective October 20,

1997 unless, by September 18, 1997

adverse or critical comments are

received.

If EPA receives such comments, this

action will be withdrawn before the

effective date by publishing a

subsequent action 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 20, 1997.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for 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.

VI. 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 has exempted this

regulatory action from Executive Order

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. See 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-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000.

The SIP approvals under section 110

and subchapter I, part D of the Act do

not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because neither the Federal SIP

approval nor the deletion of the TSP

tables 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

Act, preparation of a flexibility analysis

would constitute Federal inquiry into

the economic reasonableness of State

action. The Act forbids EPA to base its

actions concerning SIPs on such

grounds. See 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, 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.

The 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 action approves

preexisting 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. 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 5

U.S.C. section 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the 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

40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Particulate matter, Reporting

and recordkeeping requirements.

40 CFR Part 81

Air pollution control, National parks,

Wilderness areas.

Dated: July 18, 1997.

Jerry Clifford,

Acting Regional Administrator (6RA).

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 SS—Texas

2. Section 52.2270 is amended by

adding paragraph (c)(102) to read as

follows:

§ 52.2270 Identification of plan.

* * * * *

(c) * * *

(102) The Governor of Texas

submitted on August 31, 1993, and July

12, 1995, revisions to the Texas State

Implementation Plan for Prevention of

Significant Deterioration adopted by

TACB on August 16, 1993, and by Texas

Natural Resource Conservation

Commission (TNRCC) on March 1, 1995.

The revisions adopted on August 16,

1993, were a comprehensive

recodification of and revisions to the

existing requirements. The revision

adopted on March 1, 1995, amended the

recodified Section 116.160(a) to

incorporate the PM–10 PSD increments.

(i) Incorporation by reference.

(A) TACB Board Order Number 93–

17, as adopted by TACB on August 16,

1993.

(B) Recodified and revised Regulation

VI—Control of Air Pollution by Permits

for New Construction or Modification,

as adopted by TACB on August 16,

1993, Repeal of 31 TAC Sections

116.3(a)(9), 116.3(a)(11), 116.3(a)(12),
44088 Federal Register / Vol. 62, No. 160 / Tuesday, August 19, 1997 / Rules and Regulations

116.3(14), and 116.11(b) (1)–(4); New

Sections 116.160 introductory

paragraph, 116.160 (a)–(d), 116.161,

116.162 introductory paragraph,

116.162 (1)–(4), 116.163 (a)–(e) and

116.141 (a),(c)–(e).

(C) Revisions to Regulation VI—

Control of Air Pollution by Permits for

New Construction or Modification: as

adopted by Texas Natural Resource

Conservation Commission (TNRCC) on

August 16, 1993. New Section 116.010,

definition of de minimis impact.

(D) Revision to General Rules, as

adopted by Texas Natural Resource

Conservation Commission (TNRCC) on

August 16, 1993, Repeal Section 101.1

definition of de minimis impact.

(E) Texas Natural Resource

Conservation Commission (TNRCC)

Commission Order Docket Number 95–

0276–RUL, as adopted by Texas Natural

Resource Conservation Commission

(TNRCC) on March 1, 1995.

(F) Revision to Regulation VI—

Control of Air Pollution by Permits for

New Construction or Modification,

revised 30 TAC Section 116.160(a), as

adopted by Texas Natural Resource

Conservation Commission (TNRCC) on

March 1, 1995.

* * * * *

3. Section 52.2303(a) is revised to

read as follows:

§ 52.2303 Significant deterioration of air

quality.

(a) The plan submitted by the

Governor of Texas on December 11,

1985 (as adopted by TACB on July 26,

1985), October 26, 1987 (as revised by

TACB on July 17, 1987), September 29,

1988 (as revised by TACB on July 15,

1988), February 18, 1991 (as revised by

TACB on December 14, 1990), May 13,

1992 (as revised by TACB on May 8,

1992), August 31, 1993 (as recodified,

revised and adopted by TACB on

August 16, 1993), July 12, 1995 (as

revised on March 1, 1995) containing

Regulation VI—Control of Air Pollution

for New Construction or Modification,

Sections 116.010, 116.141 and 116.160–

116.163; the Prevention of Significant

Deterioration (PSD) Supplement

document, submitted by the Governor

on October 26, 1987 (as adopted by

TACB on July 17, 1987); revision to

General Rules, Rule 101.20(3),

submitted by the Governor on December

11, 1985 (as adopted by TACB on July

26, 1985), is approved as meeting the

requirements of part C, Clean Air Act for

preventing significant deterioration of

air quality.

* * * * *

PART 81—[AMENDED]

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

§ 81.344 [Amended]

2. Section 81.344 is amended by

removing the table for TSP and revising

the PM–10 table to read as follows:

§ 81.344 Texas.

* * * * *

TEXAS-PM–10 NONATTAINMENT AREAS

Designated Area

Designation Classification

Date 1 Type Date 1 Type

AQCR 022 ........................................................................................................ .................... Unclassifiable .............. ....................

AQCR 106 ........................................................................................................ .................... Unclassifiable .............. ....................

AQCR 153:

El Paso County—city of El Paso ............................................................... 11/15/90 Nonattainment ............. 11/15/90 Moderate.

3 limited areas in El Paso County ............................................................. .................... Unclassifiable .............. ....................

(El Paso 1, 2, and 4).

1 limited area in El Paso County .............................................................. .................... Unclassifiable .............. ....................

(El Paso 3)

1 limited area in El Paso County .............................................................. .................... Unclassifiable .............. ....................

(El Paso 5).

Remainder of AQCR ................................................................................. .................... Unclassifiable .............. ....................

AQCR 210 ........................................................................................................ .................... Unclassifiable .............. ....................

AQCR 211:

Lubbock County—That portion of the city of Lubbock enclosed by Loop

289 highway.

.................... Unclassifiable .............. ....................

Remainder of AQCR ................................................................................. .................... Unclassifiable .............. ....................

AQCR 212 ........................................................................................................ .................... Unclassifiable .............. ....................

AQCR 213:

2 limited areas in Cameron County

(Cameron 1 and 2) ................................................................................ .................... Unclassifiable .............. ....................

Remainder of AQCR ................................................................................. .................... Unclassifiable .............. ....................

QCR 214:

2 limited areas in Nueces County ............................................................. .................... Unclassifiable .............. ....................

(Nueces 1 and 2).

Remainder of AQCR ................................................................................. .................... Unclassifiable .............. ....................

AQCR 215:

3 limited areas in Dallas County ............................................................... .................... Unclassifiable .............. ....................

(Dallas 1, 2, and 3).

1 limited area in Tarrant County ............................................................... .................... Unclassifiable .............. ....................

(Tarrant 1).

3 limited areas in Tarrant County .............................................................. .................... Unclassifiable .............. ....................

(Tarrant 2, 3, and 4)

Remainder of AQCR ................................................................................. .................... Unclassifiable .............. ....................

AQCR 216:

1 limited area in Harris County ................................................................. .................... Unclassifiable .............. ....................

(Houston 1).

1 limited area in Harris County ................................................................. .................... Unclassifiable .............. ....................
Federal Register / Vol. 62, No. 160 / Tuesday, August 19, 1997 / Rules and Regulations 44089

TEXAS-PM–10 NONATTAINMENT AREAS—Continued

Designated Area

Designation Classification

Date 1 Type Date 1 Type

(Houston 2).

1 limited area in Harris County ................................................................. .................... Unclassifiable .............. ....................

(Aldine).

1 limited area in Harris County ................................................................. .................... Unclassifiable .............. ....................

1 limited area in Galveston County ........................................................... .................... Unclassifiable .............. ....................

Remainder of AQCR ................................................................................. .................... Unclassifiable .............. ....................

AQCR 217:

1 limited area in Bexar County .................................................................. .................... Unclassifiable .............. ....................

Remainder of AQCR ................................................................................. .................... Unclassifiable .............. ....................

AQCR 218 ........................................................................................................ .................... Unclassifiable .............. ....................

1This date is November 15, 1990, unless otherwise noted.

* * * * * * *

[FR Doc. 97–21803 Filed 8–18–97; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300528; FRL–5737–1]

RIN 2070–AB78

Avermectin; Pesticide Tolerances for

Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes

time-limited tolerances for the

combined residues of avermectin B1 and

its delta-8,9-isomer in or on celeriac and

spinach. This action is in response to

EPA’s granting of emergency

exemptions under section 18 of the

Federal Insecticide, Fungicide, and

Rodenticide Act authorizing use of the

pesticide on celeriac and spinach. This

regulation establishes a maximum

permissible level for the combined

residues of avermectin B1 and its delta8,9-isomer in or on these food

commodities pursuant to section

408(l)(6) of the Federal Food, Drug, and

Cosmetic Act, as amended by the Food

Quality Protection Act of 1996. These

tolerances will expire and are revoked

on July 31, 1998.

DATES: This regulation is effective

August 19, 1997. Objections and

requests for hearings must be received

by EPA on or before October 20, 1997.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300528],

must be submitted to: Hearing Clerk

(1900), Environmental Protection

Agency, Rm. M3708, 401 M St., SW.,

Washington, DC 20460. Fees

accompanying objections and hearing

requests shall be labeled ‘‘Tolerance

Petition Fees’’ and forwarded to: EPA

Headquarters Accounting Operations

Branch, OPP (Tolerance Fees), P.O. Box

360277M, Pittsburgh, PA 15251. A copy

of any objections and hearing requests

filed with the Hearing Clerk identified

by the docket control number, [OPP–

300528], must also be submitted to:

Public Information and Records

Integrity Branch, Information Resources

and Services Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

a copy of objections and hearing

requests to Rm. 1132, CM #2, 1921

Jefferson Davis Hwy., Arlington, VA.

A copy of objections and hearing

requests filed with the Hearing Clerk

may also be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Copies of

objections and hearing requests must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Copies of objections and

hearing requests will also be accepted

on disks in WordPerfect 5.1 file format

or ASCII file format. All copies of

objections and hearing requests in

electronic form must be identified by

the docket control number [OPP–

300528]. No Confidential Business

Information (CBI) should be submitted

through e-mail. Electronic copies of

objections and hearing requests on this

rule may be filed online at many Federal

Depository Libraries.

FOR FURTHER INFORMATION CONTACT: By

mail: Daniel Rosenblatt, Registration

Division 7505C, Office of Pesticide

Programs, Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. Office location, telephone

number, and e-mail address: Crystal

Mall #2, 1921 Jefferson Davis Hwy.,

Arlington, VA, (703) 308-9375, e-mail:

rosenblatt.dan@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA, on

its own initiative, pursuant to section

408(e) and (l)(6) of the Federal Food,

Drug, and Cosmetic Act (FFDCA), 21

U.S.C. 346a(e) and (l)(6), is establishing

tolerances for the miticide avermectin,

in or on celeriac at 0.05 parts per

million (ppm) and spinach at 0.05 ppm.

These tolerances will expire and are

revoked on July 31, 1998. EPA will

publish a document in the Federal

Register to remove the revoked

tolerances from the Code of Federal

Regulations.

I. Background and Statutory Authority

The Food Quality Protection Act of

1996 (FQPA) (Pub. L. 104–170) was

signed into law August 3, 1996. FQPA

amends both the Federal Food, Drug,

and Cosmetic Act (FFDCA), 21 U.S.C.

301 et seq., and the Federal Insecticide,

Fungicide, and Rodenticide Act

(FIFRA), 7 U.S.C. 136 et seq . The FQPA

amendments went into effect

immediately. Among other things,

FQPA amends FFDCA to bring all EPA

pesticide tolerance-setting activities

under a new section 408 with a new

safety standard and new procedures.

These activities are described below and

discussed in greater detail in the final

rule establishing the time-limited

tolerance associated with the emergency

exemption for use of propiconazole on

sorghum (61 FR 58135, November 13,

1996)(FRL-5572-9).

New section 408(b)(2)(A)(i) of the

FFDCA allows EPA to establish a

tolerance (the legal limit for a pesticide

chemical residue in or on a food) only

if EPA determines that the tolerance is

‘‘safe.’’ Section 408(b)(2)(A)(ii) defines

‘‘safe’’ to mean that ‘‘there is a

reasonable certainty that no harm will