Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Rules and Regulations 49619

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. Moreover, this action

does not involve generally applicable

requirements, but specific requirements

for each facility which both the source

owner and the State have determined to

be economically and technologically

reasonable. This action only affects the

sources which have requested the SIP

revision and which are not small

entities. Therefore, EPA certifies that

this approval action does not have a

significant impact on small entities.

Unfunded Mandates Act

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 annual 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 annual 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 annual costs to state,

local, or tribal governments, or to the

private sector, result from this action.

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).

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 November 24, 1997. Filing a

petition for reconsideration by the

Administrator of this final rule does not

affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Nitrogen dioxide, Ozone,

Reporting and recordkeeping

requirements.

Dated: September 2, 1997.

William J. Muszynski,

Acting 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 HH—New York

2. Section 52.1670 is amended by

adding new paragraph (c)(91) to read as

follows:

§ 52.1670 Identification of plan.

* * * * *

(c) * * *

(91) Revisions to the State

Implementation Plan submitted by the

New York State Department of

Environmental Conservation on

February 22, 1996, June 21, 1996 and

June 25, 1996.

(i) Incorporation by reference.

(A) Permits to Construct and/or

Certificates to Operate: The following

facilities have been issued permits to

construct and/or certificates to operate

by New York State and such permits

and/or certificates are incorporated for

the purpose of establishing NOX

emission limits consistent with Subpart

227–2:

(1) Morton International Inc.’s midsize gas-fired boiler, emission point

00027, Wyoming County; New York

permit approval dated September 1,

1995 and Special Conditions letter

dated August 23, 1995.

(2) University of Rochester’s two oil

fired boilers, emission points 00003 and

00005, Monroe County; New York

permit approval dated April 25,1996

and Special Permit Conditions issued

March 19, 1996.

(3) Algonquin Gas Transmission

Company’s four gas-fired reciprocating

internal combustion engines, emission

points R0100, R0200, R0300, and R0400,

Rockland County; New York permit and

Special Conditions approval dated

September 23, 1991; New York Special

Conditions documents dated March 18,

1996 for emission points RO100, RO200,

and RO300; and March 29, 1996 for

emission point RO400; and Permit

Correction dated August 8, 1996.

(ii) Additional information.

Documentation and information to

support NOX RACT alternative emission

limits in three letters addressed to EPA

from New York State Department of

Environmental Conservation and dated

as follows:

(A) February 22, 1996 letter to

Regional Administrator Jeanne Fox from

Commissioner Michael D. Zagata for a

SIP revision for Morton International,

Inc.

(B) June 21, 1996 letter to Mr. Conrad

Simon, Director of the Air and Waste

Management Division from Deputy

Commissioner David Sterman for a SIP

revision for the Algonquin Gas

Transmission Company.

(C) June 25, 1996 letter to Mr. Conrad

Simon, Director of the Air and Waste

Management Division from Deputy

Commissioner David Sterman for a SIP

revision for the University of Rochester.

[FR Doc. 97–25232 Filed 9–22–97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 167

[FRL–5897–3]

Change of Address for Submission of

Certain Reports; Technical

Amendment

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; technical

amendment.

SUMMARY: This document announces a

technical amendment revising the

address to be used by foreign pesticide

producing establishments when

submitting applications for registration

and annual reports to EPA.

DATES: This document is effective

September 23, 1997.

FOR FURTHER INFORMATION CONTACT:

Foreign pesticide producing

establishments should contact: Carol
49620 Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Rules and Regulations

Buckingham, FIFRA, Section 7

Registration Contact, Agriculture and

Ecosystems Division (2225A), Office of

Compliance, Office of Enforcement and

Compliance Assurance, U.S.

Environmental Protection Agency, 401

M Street, SW, Washington, DC 20460,

(202) 564–5008; Fax: (202) 564–0085.

SUPPLEMENTARY INFORMATION: Section 7

of the Federal Insecticide, Fungicide,

and Rodenticide Act (FIFRA) requires

that pesticides subject to the Act be

produced only in establishments

registered with EPA, and requires that

registered establishments file annual

reports with the Agency. The Agency

has established regulations at 40 CFR

part 167 to implement the requirements

of section 7 of FIFRA. Section 167.90 of

those regulations directs that

applications for registration of

establishments and annual reports be

sent to the appropriate EPA regional

office (if a registered establishment is

located in the United States) or to a

specified address at EPA headquarters

(if a registered establishment is located

in any other country). The Agency is, by

this document, amending 40 CFR

167.90(b) by revising the address to be

used by foreign establishments when

submitting applications or annual

reports to the Agency. This technical

amendment to the regulations will

become effective upon publication of

this document in the Federal Register.

List of Subjects in 40 CFR Part 167

Environmental protection, Pesticides

and pests, Pesticide company, Pesticide

producing establishment, Reporting and

recordkeeping requirements.

Dated: September 17, 1997.

Elaine G. Stanley,

Director, Office of Compliance, Office of

Enforcement and Compliance Assurance.

Therefore, 40 CFR part 167 is

amended as follows:

PART 167—[AMENDED]

1. The authority citation for part 167

continues to read as follows:

Authority: 7 U.S.C. 136 (e) and (w).

2. In § 167.90(b), by revising the

address at the end of the paragraph to

read as follows:

§ 167.90 Where to obtain and submit

forms.

* * * * *

(b) * * *

U.S. Environmental Protection Agency,

Office of Enforcement and Compliance

Assurance, Office of Compliance, Agriculture

and Ecosystems Division (2225A), 401 M

Street, SW, Washington, DC 20460, ATTN:

Foreign Registration Clerk.

[FR Doc. 97–25223 Filed 9–22–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 281

[FRL–5896–7]

West Virginia; Final Approval of State

Underground Storage Tank Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of final determination on

West Virginia’s application for program

approval.

SUMMARY: The State of West Virginia has

applied for approval of its underground

storage tank program under Subtitle I of

the Resource Conservation and

Recovery Act (RCRA). The

Environmental Protection Agency (EPA)

has reviewed the State of West

Virginia’s application and has made a

final determination that the State of

West Virginia’s underground storage

tank program satisfies all of the

requirements necessary to qualify for

approval. Thus, EPA is granting final

approval to the State of West Virginia to

operate its program.

EFFECTIVE DATES: Program approval for

West Virginia shall be effective on

October 23, 1997.

FOR FURTHER INFORMATION CONTACT:

Joanne Cassidy, State Programs Branch

(3HW60), U.S. EPA Region III, 841

Chestnut Building, Philadelphia,

Pennsylvania 19107, (215) 566–3381.

SUPPLEMENTARY INFORMATION:

A. Background

Section 9004 of the Resource

Conservation and Recovery Act (RCRA)

authorizes EPA to approve State

underground storage tank programs to

operate in the State in lieu of the

Federal underground storage tank (UST)

program. To qualify for approval, a

State’s program must be ‘‘no less

stringent’’ than the Federal program in

all seven elements set forth at section

9004(a) (1) through (7) of RCRA, 42

U.S.C. 6991c(a) (1) through (7), as well

as the notification requirements of

section 9004(a)(8) of RCRA, 42 U.S.C.

6991c(a)(8) and must provide for

adequate enforcement of compliance

with UST standards (section 9004(a) of

RCRA, 42 U.S.C. 6991c(a)).

On July 7, 1997, the State of West

Virginia submitted an official

application for approval to administer

its underground storage tank program.

On August 1, 1997, EPA published a

tentative determination announcing its

intent to approve the District’s program.

Further background on the tentative

decision to grant approval appears at 62

FR 41326, (August 1, 1997).

Along with the tentative

determination, EPA announced the

availability of the application for public

review and comment, and the date of a

tentative public hearing on the

application and EPA’s tentative

determination. EPA requested advance

notice for testimony and reserved the

right to cancel the public hearing in the

event of insufficient public interest.

Since there were no requests to hold a

public hearing, it was cancelled.

B. Final Decision

I conclude that the State of West

Virginia’s application for program

approval meets all of the statutory and

regulatory requirements established by

Subtitle I of RCRA and 40 CFR part 281.

Accordingly, the State of West Virginia

is granted approval to operate its

underground storage tank program in

lieu of the Federal program.

Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this action from the

requirements of section 6 of Executive

Order 12866.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), P.L. 104–

4, establishes requirements for Federal

agencies to assess the effects of certain

regulatory actions on State, local, and

tribal governments and the private

sector. Under sections 202 and 205 of

the UMRA, EPA generally must prepare

a written statement of economic and

regulatory alternatives analyses for

proposed and final rules with Federal

mandates, as defined by the UMRA, that

may result in expenditures to State,

local, and tribal governments, in the

aggregate, or to the private sector, of

$100 million or more in any one year.

The section 202 and 205 requirements

do not apply to today’s action because

it is not a ‘‘Federal mandate’’ and

because it does not impose annual costs

of $100 million or more.

Today’s rule contains no Federal

mandates for State, local or tribal

governments or the private sector for

two reasons. First, today’s action does

not impose new or additional

enforceable duties on any State, local or

tribal governments or the private sector

because the requirements of the West

Virginia program are already imposed