66998 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations

any rights or obligations of private

parties. Therefore, it is appropriate for

their adoption by the Postal Service to

become effective immediately.

List of Subjects in 39 CFR Part 954

Administrative practice and

procedure, Periodicals, Postal Service.

Accordingly, the Postal Service

adopts amendments to 39 CFR part 954

as specifically set forth below:

PART 954—[AMENDED]

1. The authority citation for part 954

continues to read as follows:

Authority: 39 U.S.C. 204, 401.

2. The title of part 954 is amended by

substituting ‘‘Periodicals’’ for ‘‘SecondClass.’’

§ 954.2 [Amended]

3. Section 954.2 is amended by

substituting ‘‘Periodicals’’ for ‘‘secondclass.’’

§ 954.3 [Amended]

4. Section 954.3 is amended by

substituting ‘‘Periodicals’’ for ‘‘secondclass.’’

§ 954.5 [Amended]

5. Section 954.5 is amended by

substituting ‘‘Periodicals’’ for ‘‘secondclass.’’

6. Section 954.5 is amended by

substituting ‘‘§ E213 of the Domestic

Mail Manual’’ for ‘‘Part 132 of this

chapter.’’

7. Section 954.5 is amended by

adding ‘‘or she’’ after ‘‘he’’ and ‘‘or her’’

after ‘‘his’’ wherever it appears.

§ 954.6 [Amended]

8. Section 954.6 is amended by

substituting ‘‘Periodicals’’ for ‘‘secondclass.’’

9. Section 954.6 is amended by

adding ‘‘or she’’ after ‘‘he.’’

§ 954.8 [Amended]

10. Section 954.8 is amended by

substituting ‘‘Recorder’’ for ‘‘Docket

Clerk’’ wherever it appears.

11. Section 954.8(b) is amended by

substituting ‘‘Periodicals’’ for ‘‘secondclass’’ wherever it appears.

12. Section 954.8(b) is amended by

adding ‘‘or her’’ after ‘‘his.’’

13. Section 954.8(e) is amended by

adding ‘‘or she’’ after ‘‘he’’ wherever it

appears.

§ 954.10 [Amended]

14. Section 954.10 is amended by

adding ‘‘or her’’ after ‘‘his’’ and ‘‘or she’’

after ‘‘he.’’

§ 954.12 [Amended]

15. Section 954.12 is amended by

adding ‘‘or her’’ after ‘‘his’’ and ‘‘or she’’

after ‘‘he’’ wherever it appears.

§ 954.13 [Amended]

16. Section 954.13(a) is amended by

substituting ‘‘authorized official’’ for

‘‘Director.’’

17. Section 954.13(a) is amended by

adding ‘‘or her’’ after ‘‘his’’ and ‘‘him.’’

18. Section 954.13(c) is amended by

adding ‘‘or she’’ after ‘‘he.’’

§ 954.14 [Amended]

19. Section 954.14(b)(6) is amended

by adding ‘‘or she’’ after ‘‘he.’’

20. Section 954.14(b)(8) is amended

by adding ‘‘or her’’ after ‘‘his.’’

§ 954.16 [Amended]

21. Section 954.16(d)(1) is amended

by substituting ‘‘the authorized

official’s’’ for ‘‘Director’s.’’

§ 954.17 [Amended]

22. Section 954.17(b) is amended by

adding ‘‘or her’’ after ‘‘his’’ and ‘‘or she’’

after ‘‘he’’ wherever it appears.

§ 954.18 [Amended]

23. Section 954.18(a) is amended by

substituting ‘‘Recorder’’ for ‘‘Docket

Clerk’’ wherever it appears.

§ 954.19 [Amended]

24. Section 954.19(a) is amended by

adding ‘‘or she’’ after ‘‘he.’’

§ 954.25 [Amended]

25. Section 954.25 is amended by

substituting ‘‘Librarian’’ for ‘‘Law

Librarian.’’

26. Section 954.25 is amended by

substituting ‘‘Library’’ for ‘‘Law

Library.’’

27. Section 954.25 is amended by

substituting ‘‘Recorder’’ for ‘‘Docket

Clerk.’’

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 97–33480 Filed 12–22–97; 8:45 am]

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 179–0057 FRL–5934–8]

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 August 4, 1997.

The revisions concern rules from the

Bay Area Air Quality District

(BAAQMD). This approval action will

incorporate these rules into the federally

approved SIP. The intended effect of

approving these rules is to incorporate

BAAQMD rules with updated

definitions which include a revised

definition of volatile organic compound

(VOC) into the federally approved SIP.

EFFECTIVE DATE: This action is effective

on January 22, 1998.

ADDRESSES: Copies of the rule revisions

and EPA’s evaluation report for the

rules are available for public inspection

at EPA’s Region IX office during normal

business hours. Copies of the submitted

rule revisions 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.

Bay Area Air Quality Management

District, 939 Ellis Street, San Francisco,

CA 94109.

FOR FURTHER INFORMATION CONTACT:

Christine Vineyard, Rulemaking Office,

(AIR–4), Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105, Telephone: (415)

744–1197.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being approved into the

California SIP include the following

BAAQMD rules: Rule 8–4, General

Solvent and Surface Coating Operations;

Rule 8–11, Metal Container, Closure and

Coil Coating; Rule 8–12, Paper, Fabric,

and Film Coating; Rule 8–13, Light and

Medium Duty Motor Vehicle Assembly

Plants; Rule 8–14, Surface Coating of

Large Appliance and Metal Furniture;

Rule 8–19, Surface Coating of

Miscellaneous Metal Parts and Products;

Rule 8–20, Graphic Arts Printing and

Coating; Rule 8–23, Coating of Flat

Wood Paneling and Wood Flat Stock;

Rule 8–29, Aerospace Assembly and

Component Coating Operations; Rule 8–

31, Surface Coating of Plastic Parts and

Products; Rule 8–32, Wood Products;

Rule 8–38, Flexible and Rigid Disc

Manufacturing; Rule 8–43, Surface

Coating of Marine Vessels; Rule 8–45,

Motor Vehicle and Mobile Equipment

Coating Operations; Rule 8–50,

Polyester Resin Operations.
Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations 66999

II. Background

On August 4,1997 in 62 FR 41905,

EPA proposed to approve the following

BAAQMD rules into the California SIP:

Rule 8–4, General Solvent and Surface

Coating Operations; Rule 8–11, Metal

Container, Closure and Coil Coating;

Rule 8–12, Paper, Fabric, and Film

Coating; Rule 8–13, Light and Medium

Duty Motor Vehicle Assembly Plants;

Rule 8–14, Surface Coating of Large

Appliance and Metal Furniture; Rule 8–

19, Surface Coating of Miscellaneous

Metal Parts and Products; Rule 8–20,

Graphic Arts Printing and Coating; Rule

8–23, Coating of Flat Wood Paneling

and Wood Flat Stock; Rule 8–29,

Aerospace Assembly and Component

Coating Operations; Rule 8–31, Surface

Coating of Plastic Parts and Products;

Rule 8–32, Wood Products; Rule 8–38,

Flexible and Rigid Disc Manufacturing;

Rule 8–43, Surface Coating of Marine

Vessels; Rule 8–45, Motor Vehicle and

Mobile Equipment Coating Operations;

Rule 8–50, Polyester Resin Operations.

These rules were adopted by BAAQMD

on December 20, 1995 and were

submitted by the CARB to EPA on July

23, 1996.

EPA has evaluated the revised

definitions in the above rules for

consistency with federal and state

definitions. This action will result in a

more accurate assessment of ozone

formation potential, will remove

unnecessary control requirements and

will assist States in avoiding

exceedences of the ozone health

standard by focusing control efforts on

compounds which are actual ozone

procursors. A detailed discussion of the

rule provisions and evaluations has

been provided in 62 FR 41865 and in

technical support documents (TSDs)

available at EPA’s Region IX office

(TSDs dated April 10, 1997).

III. Response to Public Comments

A 30-day public comment period was

provided in 62 FR 41865. EPA received

one comment from the BAAQMD on the

direct final rule. BAAQMD commented

that clarification was needed in EPA’s

approval to reflect the exact compounds

being exempted. EPA stated that the

district rules’ definition of VOC and

exempt compounds are consistent with

EPA’s definitions because the rules were

revised to exempt three compounds

(acetone, parachlorobenzotrifluoride

(PCBTF) and cyclic, branched, or linear,

completely methylated siloxanes (VMS))

exempted by EPA. By the time these

rules were submitted to EPA by CARB

on July 23, 1996, EPA had made

additional revisions to the definition of

VOC and exempt compounds.

BAAQMD want the final rule to reflect

that the submitted rules to not exempt

compounds exempted by EPA after

December 20, 1995 (the date the rules

were adopted). EPA has evaluated

BAAQMD’s comment and agrees that

clarification is needed. The comment

does not effect the EPA’s approval of

Rules 8–4, 8–11, 8–12, 8–13, 8–14, 8–19,

8–20, 8–23, 8–29, 8–31, 8–32, 8–38, 8–

43, 8–45, and 8–50 into the SIP, it

clarifies the compounds exempted.

Therefore, EPA is now approving the

submitted BAAQMD rules.

IV. EPA Action

EPA is finalizing 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 VOCs 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

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’’ as defined by 5 U.S.C.

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
67000 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations

appropriate circuit by February 23,

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, 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: December 2, 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)(2) to

read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(239) * * *

(i) * * *

(E) * * *

(2) Rule 8–4, Rule 8–11, Rule 8–12,

Rule 8–13, Rule 8–14, Rule 8–19, Rule

8–20, Rule 8–23, Rule 8–29, Rule 8–31,

Rule 8–32, Rule 8–38, Rule 8–43, Rule

8–45, Rule 8–50 amended on December

20, 1995.

* * * * *

[FR Doc. 97–33324 Filed 12–22–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IL158a; FRL–5900–3]

Approval and Promulgation of

Implementation Plans; Illinois

AGENCY: United States Environmental

Protection Agency (USEPA).

ACTION: Direct final rule.

SUMMARY: In this action, USEPA

approves a State Implementation Plan

(SIP) revision, submitted by the State of

Illinois on April 25, 1997, for the

general conformity rules. The general

conformity SIP revision enables the

State of Illinois to implement the

Federal general conformity

requirements in the nonattainment and

maintenance areas at the State level.

General Conformity assures that Federal

actions conform to the State plan to

attain and maintain the public health

based air quality standards. In this

action, USEPA is approving the Illinois

General Conformity rules through a

‘‘direct final’’ rulemaking; the rationale

for this ‘‘direct final’’ approval and

other information is set forth below.

DATES: This action is effective February

23, 1998 unless adverse written

comments are received by January 22,

1998. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Comments may be mailed

to: J. Elmer Bortzer, Chief, Regulation

Development Section, United States

Environmental Protection Agency,

Region 5, Air and Radiation Division,

Air Programs Branch (AR–18J), 77 West

Jackson Boulevard, Chicago, Illinois

60604.

Copies of the SIP revision are

available for inspection at the following

address: (It is recommended that you

telephone Patricia Morris at (312) 353–

8656 before visiting the Region 5

Office.)

United States Environmental Protection

Agency, Region 5, Air and Radiation

Division, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Patricia Morris, Regulation

Development Section (AR–18J), Air

Programs Branch, Air and Radiation

Division, United States Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604, Telephone Number (312) 353–

8656.

SUPPLEMENTARY INFORMATION:

I. Background

Conformity provisions first appeared

in the Clean Air Act (CAA) amendments

of 1977 (Public Law 95–95). Although

these provisions did not define the term

conformity, they provided that no

Federal department could engage in,

support in any way or provide financial

assistance for, license or permit, or

approve any activity which did not

conform to a SIP that has been approved

or promulgated for the nonattainment

areas.

The CAA Amendments of 1990

expanded the scope and content of the

conformity provisions by defining

conformity to an implementation plan.

Conformity is defined in Section 176(c)

of the CAA as conformity to the SIP’s

purpose of eliminating or reducing the

severity and number of violations of the

National Ambient Air Quality Standards

and achieving expeditious attainment of

such standards, and that such activities

will not: (1) cause or contribute to any

new violation of any standard in any

area, (2) increase the frequency or

severity of any existing violation of any

standard in any area, or (3) delay timely

attainment of any standard or any

required interim emission reductions or

other milestones in any area.

The CAA requires USEPA to

promulgate criteria and procedures for

determining conformity of all other

Federal actions in the nonattainment or

maintenance areas (actions other than

those under Title 23 U.S.C. or the

Federal Transit Act) to a SIP. The

criteria and procedures developed for

this purpose are called ‘‘general

conformity’’ rules. The actions under

Title 23 U.S.C. or the Federal Transit

Act (referred to as transportation

conformity) will be addressed in a

separate Federal Register notice. The

USEPA published the final general

conformity rules in the November 30,

1993, Federal Register and codified

them at 40 CFR part 51, subpart W—

Determining Conformity of General

Federal Actions to State or Federal

Implementation Plans. The general

conformity rules require the States and

local air quality agencies (where

applicable) to adopt and submit a

general conformity SIP revision to the

USEPA not later than November 30,

1994.

II. Evaluation of State Submittal

Pursuant to the requirements under

Section 176(c)(4)(C) of the CAA, as

amended November 15, 1990, the

Illinois Environmental Protection

Agency (IEPA) submitted a SIP revision

to the USEPA on April 25, 1997. The