Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Rules and Regulations 65611

under such plans, and because no

adjustment by ongoing plans is required

by this amendment, the PBGC finds that

good cause exists for making this

amendment to the regulation effective

less than 30 days after publication.

The PBGC has determined that this

action is not a ‘‘significant regulatory

action’’ under the criteria set forth in

Executive Order 12866.

Because no general notice of proposed

rulemaking is required for this

regulation, the Regulatory Flexibility

Act of 1980 does not apply (5 U.S.C.

601(2)).

List of Subjects in 29 CFR Part 4044

Pension insurance, Pensions.

In consideration of the foregoing, 29

CFR part 4044 is amended as follows:

PART 4044—[AMENDED]

1. The authority citation for part 4044

continues to read as follows:

Authority: 29 U.S.C. 1301(a), 1302(b)(3),

1341, 1344, 1362.

2. Appendix D to part 4044 is

amended by removing Table I–97 and

adding in its place Table I–98 to read as

follows:

APPENDIX D TO PART 4044—TABLES USED TO DETERMINE EXPECTED RETIREMENT AGE

TABLE I–98.—SELECTION OF RETIREMENT RATE CATEGORY

[For Plans with valuation dates after December 31, 1997, and before January 1, 1999]

Participant reaches URA in year—

Participant’s retirement Rate category is—

Low 1 if

monthly

benefit at

URA is less

than—

Medium 2 if monthly benefit

at URA is

High 3 if

monthly

benefit at

URA is

greater

From To than—

1999 .................................................................................................................................. 419 419 1,766 1,766

2000 .................................................................................................................................. 431 431 1,814 1,814

2001 .................................................................................................................................. 442 442 1,863 1,863

2002 .................................................................................................................................. 454 454 1,913 1,913

2003 .................................................................................................................................. 466 466 1,965 1,965

2004 .................................................................................................................................. 479 479 2,018 2,018

2005 .................................................................................................................................. 492 492 2,072 2,072

2006 .................................................................................................................................. 505 505 2,128 2,128

2007 .................................................................................................................................. 519 519 2,186 2,186

2008 or later ..................................................................................................................... 533 533 2,245 2,245

1Table II–A.

2Table II–B.

3Table II–C.

* * * * *

Issued at Washington, D.C., this 10th day

of December, 1997.

David M. Strauss,

Executive Director, Pension Benefit Guaranty

Corporation.

[FR Doc. 97–32734 Filed 12–12–97; 8:45 am]

BILLING CODE 7708–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 179–0061; FRL–5929–9]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision; Bay

Area Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing the approval

of revisions to the California State

Implementation Plan (SIP) proposed in

the Federal Register on April 17, 1997.

The revisions concern rules from the

Bay Area Air Quality Management

District (BAAQMD). This approval

action will incorporate these rules into

the federally approved SIP. The

intended effect of approving these rules

is to regulate emissions of oxides of

nitrogen (NOX) in accordance with the

requirements of the Clean Air Act, as

amended in 1990 (CAA or the Act). The

rules concern the control of NOX

emissions from boilers, steam

generators, process heaters, stationary

internal combustion engines, stationary

gas turbines, and glass melting furnaces

in the San Francisco Bay area. Thus,

EPA is finalizing the approval of these

revisions into the California SIP under

provisions of the CAA regarding EPA

actions on SIP submittals, and SIPs for

national primary and secondary ambient

air quality standards. The rules are

being approved into the SIP in

accordance with the area’s ozone

maintenance plan for redesignation to

attainment.

DATES: This action is effective on

January 14, 1998.

ADDRESSES: Copies of the rules and

EPA’s evaluation report for each rule are

available for public inspection at EPA’s

Region IX office during normal business

hours. Copies of the submitted rules are

available for inspection at the following

locations:

Rulemaking Office (AIR–4), Air

Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105.

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 95812.

Bay Area Air Quality Management

District, Rule Development Section, 939

Ellis Street, San Francisco, CA 94109.

FOR FURTHER INFORMATION CONTACT:

Thomas C. Canaday, Rulemaking Office

(AIR–4), Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901, Telephone:

(415) 744–1202.

SUPPLEMENTARY INFORMATION:

I. Applicability

The BAAQMD rules being approved

into the California SIP include:

Regulation 9, Rule 7, Nitrogen Oxides

and Carbon Monoxide from Industrial,

Institutional, and Commercial Boilers,

Steam Generators, and Process Heaters;
65612 Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Rules and Regulations

1 EPA adopted the completeness criteria on

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

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

on August 26, 1991 (56 FR 42216).

Regulation 9, Rule 8, Nitrogen Oxides

and Carbon Monoxide Emissions from

Stationary Internal Combustion Engines;

Regulation 9, Rule 9, Nitrogen Oxides

from Stationary Gas Turbines; and

Regulation 9, Rule 12, Nitrogen Oxides

from Glass Melting Furnaces.

These BAAQMD rules were adopted

on September 15, 1993, January 20,

1993, September 21, 1994 and January

19, 1994, respectively. They were

submitted by the State of California on

July 23, 1996. The rules were found to

be complete on January 17, 1997,

pursuant to EPA’s completeness criteria

that are set forth in 40 CFR part 51,

appendix V 1. EPA is taking final action

to approve all four rules into the SIP.

II. Background

On April 17, 1997 in 62 FR 18730,

EPA proposed to approve the following

rules into the California SIP: Regulation

9, Rule 7, Nitrogen Oxides and Carbon

Monoxide from Industrial, Institutional,

and Commercial Boilers, Steam

Generators, and Process Heaters;

Regulation 9, Rule 8, Nitrogen Oxides

and Carbon Monoxide Emissions from

Stationary Internal Combustion Engines;

Regulation 9, Rule 9, Nitrogen Oxides

from Stationary Gas Turbines; and

Regulation 9, Rule 12, Nitrogen Oxides

from Glass Melting Furnaces. While the

BAAQMD was no longer required to

submit NOX RACT rules pursuant to

section 182(b)(2), the BAAQMD

incorporated several of the previously

submitted NOX rules as contingency

measures in its ozone maintenance plan

as a requirement for redesignation to

attainment. Since being redesignated to

attainment of the ozone standard, the

Bay Area has recorded violations of the

Federal ozone standard, therefore

triggering the contingency measures of

the maintenance plan. In accordance

with the redesignation maintenance

plan, and at the request of the

BAAQMD, EPA is incorporating the

NOX measures into the SIP. The

BAAQMD submitted the contingency

measures being acted on in this

document on July 23, 1996. This action

encompasses part of the measures

identified in the plan as contingency

measures. A detailed discussion of the

background for each of the above rules

is provided in the proposed rule cited

above.

EPA has evaluated the above rules for

consistency with the requirements of

the CAA and EPA regulations and EPA

interpretation of these requirements as

expressed in the various EPA policy

guidance documents referenced in the

proposed rule cited above. EPA has

found that the rules meet the applicable

EPA requirements. A detailed

discussion of the rule provisions and

evaluations has been provided in the

proposed rule and in the technical

support document (TSD), dated January

24, 1997, which is available at EPA’s

Region IX office.

III. Response to Public Comments

A 30-day public comment period was

provided in 62 FR 18730. The four rules

in the present action, along with one

additional rule (BAAQMD Regulation 9,

Rule 11) were the subject of a prior

direct final action. See 62 FR 18710

(April 17, 1997). EPA received adverse

comments on Regulation 9, Rule 11

only. Consequently the previous direct

final action was withdrawn. See 62 FR

32687 (June 17,1997). EPA will address

the comments received in a subsequent

final action concerning Regulation 9,

Rule 11 only in the near future.

IV. EPA Action

EPA is finalizing this action to

approve the above rules for inclusion

into the California SIP. EPA is

approving the submittal under section

110(k)(3) as meeting the requirements of

section 110(a) and part D of the CAA.

This approval action will incorporate

these rules into the federally approved

SIP. The intended effect of approving

these rules is to regulate emissions of

NOX in accordance with the

requirements of the CAA.

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.

V. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

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

a regulatory flexibility analysis

assessing the impact of any proposed or

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

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the CAA, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of State action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255–66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of
Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Rules and Regulations 65613

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

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

Air Act, petitionsfor judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by February 13,

1998. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule for the purposes of judicial

review nor does it extend the time

within which a petition for judicial

review may be filed, and shall not

postpone the effectiveness of such rule

or action. This action may not be

challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: November 13, 1997.

Harry Seraydarian,

Acting Regional Administrator, Region IX.

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 et seq.

Subpart F—California

2. Section 52.220 is amended by

adding paragraph (c)(239)(i)(E) to read

as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(239) * * *

(i) * * *

(E) Bay Area Air Quality Management

District.

(1) Rule 9–7 adopted on September

15, 1993, Rule 9–8 adopted on January

20, 1993, Rule 9–9 adopted on

September 21, 1994, and Rule 9–12

adopted on January 19, 1994.

* * * * *

[FR Doc. 97–32561 Filed 12-12-97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MT–001–0002a, MT–001–0003a; FRL–5934–

5]

Approval and Promulgation of Air

Quality Implementation Plans;

Montana; 1990 Base Year Emission

Inventories for Montana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving the 1990

base year carbon monoxide (CO)

emission inventories for Missoula,

Billings, and Great Falls that were

submitted by the State to satisfy certain

requirements of the Clean Air Act

(CAA), as amended in 1990.

DATES: This final rule is effective

February 13, 1998 unless adverse or

critical comments are received by

January 14, 1998. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Written comments should

be addressed to: Richard R. Long,

Director, Air Program (8P2–A), United

States Environmental Protection

Agency, Region 8, 999 18th Street, suite

500, Denver, Colorado 80202–2466.

Copies of the documents relevant to

this action are available for public

inspection between 8 a.m. and 4 p.m.,

Monday through Friday at the following

office: United States Environmental

Protection Agency, Region 8, Air

Program, 999 18th Street, suite 500,

Denver, Colorado 80202–2466.

FOR FURTHER INFORMATION CONTACT: Tim

Russ, Air Program (8P2–A), United

States Environmental Protection

Agency, Region 8, 999 18th Street, suite

500, Denver, Colorado 80202–2466, ph.

(303) 312–6479.

SUPPLEMENTARY INFORMATION:

I. Background to the Action

As required by the CAA, States have

the responsibility to inventory

emissions contributing to NAAQS

nonattainment, to track these emissions

over time, and to ensure that control

strategies are being implemented that

reduce emissions and move areas

towards attainment.

Those States containing moderate and

serious carbon monoxide nonattainment

areas were required under Section

187(a)(1) of the CAA to submit by

November 15, 1992, a comprehensive,

accurate, and current inventory of actual

CO season emissions from all sources

for each nonattainment area (see 57 FR

13530, April 16, 1992). This

requirement applies to Missoula. ‘‘Not

Classified’’ CO nonattainment areas, like

Billings and Great Falls, were required

to submit their inventories by November

15, 1993 (see 57 FR 13535, April 16,

1992). Stationary point sources,

stationary area sources, on-road mobile,

and non-road mobile sources of carbon

monoxide (CO) were to be included in

each inventory. This inventory, for

calendar year 1990, was denoted as the

base year inventory.

The 1990 base year inventory is the

primary inventory from which any

periodic and/or modeling inventory is

derived. Further information on these

inventories and their purpose can be

found in the document ‘‘Emission

Inventory Requirements for Carbon

Monoxide State Implementation Plans,’’

U.S. Environmental Protection Agency,

Office of Air Quality Planning and

Standards, Research Triangle Park,

North Carolina, dated March, 1991.

The 1990 base year inventory was to

address actual CO emissions for the area

during the peak CO season. The peak

CO season should reflect the months

when peak CO concentrations occur.

For areas where winter is the peak CO

season, as is the case for Missoula,

Billings, and Great Falls, the 1990 base

year inventory was to include the period

November 1989 through January 1990.

The air quality planning requirements

for base year inventories for CO

nonattainment areas are set out in

sections 172(c) and 187(a)(1) of Title I

of the CAA. EPA issued a General

Preamble describing EPA’s

interpretation as to how EPA intended

to review SIP revisions submitted under

Title I of the CAA which included

requirements for the preparation of the

1990 base year inventory (57 FR 13529,

April 16, 1992, and 57 FR 18070, April

28, 1992). Because EPA is describing its

interpretations in this action only in

broad terms, the reader should refer to

the General Preamble for a more

detailed discussion of the

interpretations of Title I advanced in

this action and its supporting rationale.

Available EPA guidance documents, for

preparing emission inventories, were

referenced in the General Preamble (57

FR 13498, April 16, 1992).