Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44413

401 M Street, S.W., Washington, D.C.

20460; telephone: (202) 564–7157 or

(202) 564–7144, respectively.

SUPPLEMENTARY INFORMATION: EPA is

today amending the table of currently

approved information collection request

(ICR) control numbers issued by OMB

for various regulations. Today’s

amendment updates the table to list

those information requirements

promulgated under the PRA for

Environmental Impact Assessment of

Nongovernmental Activities in

Antarctica which appeared in the

Federal Register on April 30, 1997 (62

FR 23538–23549). The affected

regulations are codified at title 40 of the

Code of Federal Regulations (CFR), part

8. EPA will continue to present OMB

control numbers in a consolidated table

format to be codified in 40 CFR part 9

of the Agency’s regulations, and in each

CFR volume containing EPA

regulations. The table lists the section

numbers with reporting and

recordkeeping requirements, and the

current OMB control numbers. This

listing of the OMB control numbers and

their subsequent codification in the CFR

satisfy the requirements of the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.) and OMB’s implementing

regulations at 5 CFR part 1320.

Because of the importance of

facilitating the prompt entry into force

of Protocol on Environmental Protection

to the Antarctic Treaty, EPA stated in its

Preamble to the final rule that it

believed it had good cause under 5

U.S.C. 553(b)(B) to find that

implementation of notice and comment

procedures for the interim final rule

would be contrary to the public interest

and unnecessary. For these reasons, the

interim final regulations were issued

without notice and an opportunity to

comment. In addition, for the same

reasons, under 5 U.S.C. 553(d)(3), the

interim final regulations took effect

immediately upon publication. As a

result, EPA finds that there is ‘‘good

cause’’ under section 553(b)(B) of the

Administrative Procedure Act (5 U.S.C.

553(b)(B)) to amend this table without

prior notice and comment. Due to the

technical nature of the table, further

notice and comment would be

unnecessary.

List of Subjects in 40 CFR Part 9

Reporting and recordkeeping

requirements.

Dated: August 13, 1997.

William D. Dickerson,

Acting Director, Office of Federal Activities.

For the reasons set out in the

preamble, 40 CFR part 9 is amended as

follows:

PART 9—OMB APPROVALS UNDER

THE PAPERWORK REDUCTION ACT

1. The authority citation for part 9

continues to read as follows:

Authority: 7 U.S.C. 135 et seq., 136–136y;

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,

1321, 1326, 1330, 1342, 1344, 1345 (d) and

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,

1971–1975 Comp. p. 973; 42 U.S.C. 241,

242b, 243, 246, 300f, 300g, 300g–1, 300g–2,

300g–3, 300g–4, 300g–5, 300g–6, 300j–1,

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,

6901–6992k, 7401–7671q, 7542, 9601–9657,

11023, 11048.

2. Section 9.1 is amended by adding

a new centerheading and entry in

numerical order to the table to read as

follows:

§ 9.1 OMB approvals under the Paperwork

Reduction Act.

* * * * *

40 CFR citation OMB control No.

* * * * *

Environmental Impact Assessment of

Nongovernmental Activities in

Antarctica

8.5–8.10—2020–0007

* * * * *

[FR Doc. 97–21964 Filed 8–20–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA–4051a; FRL–5865–8]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Approval of VOC and

NOX RACT Determinations for

Individual Sources

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the Commonwealth of

Pennsylvania. This revision establishes

and requires volatile organic

compounds (VOC) and nitrogen oxides

(NOX) reasonably available control

technology (RACT) on two major

sources located in Pennsylvania. The

intended effect of this action is to

approve source-specific operating

permits that establish the abovementioned RACT requirements in

accordance with the Clean Air Act. This

action is being taken under section 110

of the Clean Air Act.

DATES: This action is effective October

20, 1997 unless notice is received on or

before September 22, 1997 that adverse

or critical comments will be submitted.

If the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Comments may be mailed to

David J. Campbell, Air, Radiation, and

Toxics Division, Mailcode 3AT22, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air, Radiation, and Toxics

Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107; the Air and Radiation Docket

and Information Center, U.S.

Environmental Protection Agency, 401

M Street, SW, Washington, DC 20460;

Pennsylvania Department of

Environmental Protection, Bureau of Air

Quality Control, P.O. Box 8468, 400

Market Street, Harrisburg, Pennsylvania

17105.

FOR FURTHER INFORMATION CONTACT: Rose

Quinto, (215) 566–2182, at the EPA

Region III office or via e-mail at

quinto.rose@epamail.epa.gov. While

information may be requested via email, any comments must be submitted

in writing to the above Region III

address.

SUPPLEMENTARY INFORMATION: On

January 10, 1996 and September 13,

1996, the Commonwealth of

Pennsylvania submitted formal

revisions to its State Implementation

Plan (SIP). Each source subject to this

rulemaking will be identified and

discussed below. Any plan approvals

and operating permits submitted

coincidentally with those being

approved in this document, and not

identified below, will be addressed in a

separate rulemaking action.

Pursuant to sections 182(b)(2) and

182(f) of the Clean Air Act (CAA),

Pennsylvania is required to implement

RACT for all major VOC and NOX

sources by no later than May 31, 1995.

The major source size is determined by

its location, the classification of that

area and whether it is located in the

ozone transport region (OTR), which is

established by the CAA. The
44414 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations

Pennsylvania portion of the

Philadelphia ozone nonattainment area

consists of Bucks, Chester, Delaware,

Montgomery, and Philadelphia Counties

and is classified as severe. The

remaining counties in Pennsylvania are

classified as either moderate or marginal

nonattainment areas or are designated

attainment for ozone. However, under

section 184 of the CAA, at a minimum,

moderate ozone nonattainment area

requirements (including RACT as

specified in sections 182(b)(2) and

182(f)) apply throughout the OTR.

Therefore, RACT is applicable statewide

in Pennsylvania. The Pennsylvania

submittals that are the subject of this

notice are meant to satisfy the RACT

requirements for two sources in

Pennsylvania.

Summary of SIP Revision

The details of the RACT requirements

for the source-specific plan approvals

and operating permits can be found in

the docket and accompanying technical

support document (TSD) and will not be

reiterated in this notice. Briefly, EPA is

approving a revision to the

Pennsylvania SIP pertaining to the

determination of RACT for two major

sources. The operating permits contain

conditions irrelevant to the

determination of VOC or NOX RACT.

Consequently, these provisions are not

being included in this approval for

source-specific VOC or NOX RACT.

RACT Determinations

The following table identifies the

individual operating permits EPA is

approving. The specific emission

limitations and other RACT

requirements for these sources are

summarized in the accompanying

technical support document, which is

available upon further request, from the

EPA Region III office listed in the

ADDRESSES section of this document.

PENNSYLVANIA—VOC AND NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES

Source County

Plan approval

(PA #) operating

permit (OP #)

compliance permit (CP #)

Source type

‘‘Major

source’’

pollutant

Heinz Pet Products ......................................... Columbia .......... OP–19–0003 Pet food processing and can manufacturing ... VOC

Graco Children’s Products, Inc ........................ Chester ............. OP–15–0006 Children’s products manufacturing (surface

coating).

VOC

EPA is approving this SIP revision

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, EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective October 20, 1997

unless, by September 22, 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 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. 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 on October 20, 1997. If adverse

comments are received that do not

pertain to all documents subject to this

rulemaking action, those documents not

affected by the adverse comments will

be finalized in the manner described

here. Only those documents that receive

adverse comments will be withdrawn in

the manner described here.

Final Action

EPA is approving two operating

permits as RACT for two individual

sources.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

Administrative Requirements

A. Executive Order 12866

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

regulatory action from E.O. 12866

review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604.

Alternatively, EPA may certify that

the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under 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
Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44415

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 proposed/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).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by October 20, 1997.

Filing a petition for reconsideration by

the Regional 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 to approve VOC and NOX RACT

determinations for a number of

individual sources in Pennsylvania as a

revision to the Commonwealth’s SIP

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, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements.

Dated: July 22, 1997.

Thomas Voltaggio,

Acting Regional Administrator, Region III.

40 CFR part 52 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 NN—Pennsylvania

2. Section 52.2020 is amended by

adding paragraph (c)(119) to read as

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * *

(119) Revisions to the Pennsylvania

Regulations, Chapter 129.91 pertaining

to VOC and NOX RACT, submitted on

January 10, 1996 and September 13,

1996 by the Pennsylvania Department of

Environmental Resources (now known

as the Pennsylvania Department of

Environmental Protection):

(i) Incorporation by reference.

(A) Two letters submitted by the

Pennsylvania Department of

Environmental Resources (now, the

Pennsylvania Department of

Environmental Protection) transmitting

source-specific VOC and/or NOX RACT

determinations in the form of operating

permits on the following dates: January

10, 1996 and September 13, 1996.

(B) Operating permits (OP):

(1) Heinz Pet Products, Columbia

County, OP–19–0003, effective

November 27, 1995, except for the

expiration date of the operating permit

and conditions No. 15 through No. 24

pertaining to non-VOC and non-NOX

pollutants.

(2) Graco Children’s Products, Inc.,

Chester County, OP–15–0006, effective

November 30, 1995, except for the

expiration date of the operating permit.

(ii) Additional material.

(A) Remainder of the Commonwealth

of Pennsylvania’s January 10, 1996 and

September 13, 1996 submittals.

* * * * *

[FR Doc. 97–22069 Filed 8–20–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 69

[FRL–5878–6]

Special Exemptions From

Requirements of the Clean Air Act for

the Territory of Guam

AGENCY: Environmental Protection

Agency (‘‘EPA’’).

ACTION: Final rule.

SUMMARY: On February 11, 1997, the

Governor of Guam submitted a petition

(‘‘Petition’’) to the Administrator of EPA

seeking a waiver of certain Clean Air

Act (‘‘CAA’’) requirements which apply

to two baseload diesel electric

generators to be located at the Piti

Power Plant on Guam. The Petition was

submitted pursuant to Section 325(a) of

the CAA. The waiver will help to ease

a serious and ongoing energy emergency

on Guam. Based upon the information

in the Petition, EPA proposed to grant

the waiver requested on June 30, 1997.

62 FR 35113. EPA received no

comments on its proposal.

EFFECTIVE DATE: August 15, 1997.

FOR FURTHER INFORMATION CONTACT:

Norman Lovelace, Chief, Insular Area

Program, Cross Media Division (CMD–

5), U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, California 94105.

Telephone: (415) 744–1599.

SUPPLEMENTARY INFORMATION:

Background

Via a letter dated February 11, 1997,

Governor Gutierrez of Guam submitted

a petition (‘‘Petition’’) to the

Administrator of EPA. The Petition

seeks a waiver of certain Clean Air Act

(‘‘CAA’’) requirements for the

construction of two 45 megawatt

baseload slow speed diesel electric

generators and associated waste heat

recovery boilers with a steam generator.

These units will be part of the Piti

Power Plant. The units will be

designated as Piti Units No. 8 and No.

9. Based upon the information in the

Petition, EPA proposed to grant the

waiver requested on June 30, 1997. 62

FR 35113.

The waiver application seeks to allow

construction of Piti Units No. 8 and No.

9 prior to receipt of a Prevention of

Significant Deterioration (‘‘PSD’’)

permit. Neither of these Piti Units will

operate prior to receipt of a final PSD

permit.

EPA received no comments regarding

its proposal to grant the waiver.

Therefore, EPA is issuing the waiver as

proposed.