48586 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 185–0047b; FRL–5888–9]

Approval and Promulgation of State

Implementation Plans; California State

Implementation Plan Revision,

Northern Sierra Air Quality

Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

revisions to the California State

Implementation Plan (SIP) that concern

a wide range of administrative and

traditional source category rules.

The intended effect of proposing

approval of these rules is to regulate

emissions of volatile organic

compounds (VOCs), oxides of nitrogen

(NOX) and other pollutants in

accordance with the requirements of the

Clean Air Act, as amended in 1990

(CAA or the Act). In the final rules

section of this Federal Register, the EPA

is approving the state’s SIP revision as

a direct final rule without prior proposal

because the Agency views this as a

noncontroversial revision and

anticipates no adverse comments. A

detailed rationale for this approval is set

forth in the direct final rule. If no

adverse comments are received in

response to this proposed rule, no

further activity is contemplated in

relation to this rule. If EPA receives

adverse comments, the direct final rule

will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. The EPA will not

institute a second comment period on

this document. Any parties interested in

commenting on this action should do so

at this time.

DATES: Comments on this proposed rule

must be received in writing by October

16, 1997.

ADDRESSES: Written comments on this

action should be addressed to: Andrew

Steckel, Rulemaking Office [AIR–4], Air

Division, U.S. Environmental Protection

Agency, Region 9, 75 Hawthorne Street,

San Francisco, CA 94105–3901.

Copies of the rule revisions are

available for public inspection at EPA’s

Region 9 office during normal business

hours. Copies of the submitted rule

revisions are also available for

inspection at the following locations:

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, SW.,

Washington, DC 20460.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95814.

Northern Sierra Air Quality

Management District, 540 Searls

Avenue, Nevada City, CA 95959.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95812.

FOR FURTHER INFORMATION CONTACT:

Cynthia G. Allen, Rulemaking Office

(AIR–4), Air Division, U.S.

Environmental Protection Agency,

Region 9, 75 Hawthorne Street, San

Francisco, CA 94105–3901, Telephone:

(415) 744–1189.

SUPPLEMENTARY INFORMATION: This

document concerns Northern Sierra Air

Quality Management District Rule 101,

Title; Rule 102, Definitions; Rule 202,

Visible Emissions; Rule 203, Exceptions

to Rule 202; Rule 204, Wet Plumes; Rule

206, Incinerator Burning; Rule 207,

Particulate Matter; Rule 208, Orchard or

Citrus Heaters; Rule 209, Fossil Fuel

Steam Generator Facility; Rule 210,

Specific Contaminants; Rule 212,

Process Weight Table; Rule 213, Storage

of Gasoline Products; Rule 221,

Reduction of Animal Matter; Rule 222,

Abrasive Blasting; Rule 225,

Compliance; Rule 300, General

Definitions; Rule 301, Compliance; Rule

313, Burn Day; Rule 314, Minimum

Drying Times; Rule 315, Burning

Management Requirements; and Rule

317, Mechanized Burners Requirements.

For further information, please see the

information provided in the Direct Final

action which is located in the Rules

Section of this Federal Register.

Authority: 42 U.S.C. 7401–7671q.

Dated: August 22, 1997.

John Wise,

Acting Regional Administrator.

[FR Doc. 97–24417 Filed 9–15–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 167–0036b; FRL–5888–7]

Approval and Promulgation of State

Implementation Plans; California State

Implementation Plan Revision, South

Coast Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

revisions to the California State

Implementation Plan (SIP) which

concern an emergency episode rule. The

intended effect of proposing approval of

this rule is to update the episode criteria

and to eliminate redundant reporting

requirements in accordance with the

requirements of the Clean Air Act, as

amended in 1990 (CAA or the Act). In

the Final Rules Section of this Federal

Register, the EPA is approving the

state’s SIP revision as a direct final rule

without prior proposal because the

Agency views this as a noncontroversial

revision and anticipates no adverse

comments. A detailed rationale for this

approval is set forth in the direct final

rule. If no adverse comments are

received in response to this proposed

rule, no further activity is contemplated

in relation to this rule. If EPA receives

adverse comments, the direct final rule

will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. The EPA will not

institute a second comment period on

this document. Any parties interested in

commenting on this action should do so

at this time.

DATES: Comments on this proposed rule

must be received in writing by October

16, 1997.

ADDRESSES: Written comments on this

action should be addressed to: Cynthia

G. Allen, Rulemaking Office (AIR–4),

Air Division, U.S. Environmental

Protection Agency, Region 9, 75

Hawthorne Street, San Francisco, CA

94105–3901.

Copies of the rule revisions and EPA’s

evaluation report of this rule is available

for public inspection at EPA’s Region 9

office during normal business hours.

Copies of the submitted rule revision is

also available for inspection at the

following locations:

South Coast Air Quality Management

District, 21865 E., Copley Drive,

Diamond Bar, CA 91765.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95812.

FOR FURTHER INFORMATION CONTACT:

Cynthia G. Allen, Rulemaking Office

(AIR–4) Air Division, U.S.

Environmental Protection Agency,

Region 9, 75 Hawthorne Street, San

Francisco, CA 94105–3901, Telephone:

(415) 744–1189.

SUPPLEMENTARY INFORMATION: This

document concerns South Coast Air

Quality Management District Rule 701,

Air Pollution Emergency Contingency

Actions. This rule was submitted by the

California Air Resources Board to EPA

on January 31, 1996. For further

information, please see the information
Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48587

provided in the Direct Final action

which is located in the Rules Section of

this Federal Register.

Authority: 42 U.S.C. 7401–7671q.

Dated: August 22, 1997.

John Wise,

Acting Regional Administrator.

[FR Doc. 97–24416 Filed 9–15–97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[NM–24–1–7102; FRL–5892–7]

Approval and Promulgation of Air

Quality Implementation Plans; New

Mexico; Proposed Approval of a

Revision to the New Mexico State

Implementation Plan—Enhanced

Monitoring Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: Pursuant to section 110 of the

Clean Air Act (the Act), as amended in

1990, EPA is proposing to approve

revisions to the New Mexico State

Implementation Plan (SIP) addressing

revisions to Air Quality Control

Regulation (AQCR) 702 concerning

permits. The State’s revision expands

the types of testing and monitoring data,

including stack and process monitoring,

which can be used directly for

compliance certifications and

enforcement.

DATES: Comments on this proposed

action must be received in writing on or

before October 16, 1997.

ADDRESSES: Comments should be

mailed to Jole C. Luehrs, Chief, Air

Permits Section (6PD–R), EPA, Region 6,

1445 Ross Avenue, Suite 700, Dallas,

Texas 75202–2733. Copies of the

documents relevant to this action are

available for public inspection during

normal business hours at the following

locations:

EPA, Air Permits Section (6PD–R),

1445 Ross Avenue, Suite 700, Dallas,

Texas, 75202–2377.

New Mexico Environmental

Improvement Board, 1190 St. Francis

Drive, Santa Fe, New Mexico 87502.

FOR FURTHER INFORMATION CONTACT:

Mary Stanton, Air Permits Section

(6PD–R), EPA, Dallas, Texas, 75202–

2377, telephone (214) 665–8377.

SUPPLEMENTARY INFORMATION:

I. Background

The EPA has published a number of

‘‘reference test methods’’ and, in order

to assure uniformity in the application

of emission standards, has required

sources to establish compliance with

emission standards by use of those

reference test methods. In theory, a

source would conduct testing on a

periodic basis utilizing these methods

and would rely on the comprehensive

nature of this testing to assure

compliance on a day to day basis.

In the interim, more accurate

emission monitoring devices have been

developed. In addition, EPA, the States,

and the regulated community have

gained a better understanding of the

specific facility and pollution control

device operating parameters that control

emissions. Many sources currently

determine compliance with permitted

limits either through the use of

continuous emission monitors or by

monitoring key parameters of their

production processes and pollution

control devices.

Section 113(a) of the Act provides that

the Agency may bring an enforcement

action on the basis of any information

available. However, in United States

versus Kaiser Steel Corporation, the

District Court ruled that, because of

what it perceived to be limitations in

EPA’s regulations, only reference

method stack testing could be used to

establish violations of permit limits,

notwithstanding irrefutable scientific

evidence that otherwise demonstrated

thousands of violations. In the 1990

amendments to the Act, Congress

overrode the United States versus Kaiser

Steel Corporation decision, providing

that the duration of the violation could

be established by any credible evidence

(including evidence other than the

applicable test method).

The EPA believes that existing SIPs

(nationwide) are inadequate for States or

EPA to fully implement the Act, because

the SIPs may presently be interpreted to

limit the types of testing or monitoring

data that may be used for determining

compliance and establishing violations.

On June 9, 1994, EPA issued a call to

the State of New Mexico to revise its SIP

to clarify that any monitoring approved

for the source (and included in a

Federally enforceable operating permit)

may form the basis of the compliance

certification, and that any credible

evidence may be used for purposes of

enforcement in Federal court.

II. EPA Evaluation

On November 10, 1994, New Mexico

made an official plan submission in

response to EPA’s SIP call. New Mexico

submitted revisions to AQCR 702,

which provides that data which has

been collected under the enhanced

monitoring and Operating Permit

programs can be used for compliance

certifications and enforcement actions.

Specifically, section R of the revisions

to AQCR 702 authorizes this data to be

used for compliance certifications, and

section S authorizes this data to be

considered for enforcement actions.

This revision will enhance the State’s

capability for determining compliance

with, and for establishing violations of,

the underlying emission limitations.

III. Proposed Action

The EPA reviewed these revisions to

the New Mexico SIP and is proposing to

approve sections R and S of AQCR 702

as submitted because they meet the

requirements of section 110 of the Act.

The EPA is requesting comments on all

aspects of the requested SIP revision

and EPA’s proposed rulemaking action.

The EPA will consider any timely

submitted comments prior to EPA’s

taking final action on this proposed

rule. Comments received by the date

indicated above will be considered in

the development of EPA’s final rule.

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.

IV. 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 (FR) 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