8170 Federal Register / Vol. 62, No. 36 / Monday, February 24, 1997 / Rules and Regulations

Board, as approved by the Secretary or

his designee. Computation of the

amounts due shall be made by the

appropriate disbursing activity. In no

case will the amount found due exceed

the amount which would otherwise

have been paid or have become due

under applicable laws had no error or

injustice occurred. Earnings received

from civilian employment, self

employment or any income protection

plan for such employment during any

period for which active duty pay and

allowances are payable will be deducted

from the settlement. To the extent

authorized by law and regulation,

amounts found due may be reduced by

the amount of any existing indebtedness

to the Government arising from military

service.

(2) Prior to or at the time of payment,

the person or persons to whom

payments are to be made shall be

advised by the disbursing activity of the

nature and amount of the various

benefits represented by the total

settlement and shall be advised further

that acceptance of such settlement shall

constitute a complete release by the

claimants involved of any claim against

the United States on account of the

correction of the record.

(d) Report of settlement. In every case

where payment is made, the amount of

such payment and the names of the

payee or payees shall be reported to the

Executive Director.

§ 723.11 Miscellaneous provisions.

(a) Expenses. No expenses of any

nature whatsoever voluntarily incurred

by the applicant, counsel, witnesses, or

by any other person in the applicant’s

behalf, will be paid by the Government.

(b) Indexing of decisions. (1)

Documents sent to each applicant and

counsel in accordance with § 723.3(e)(5)

and § 723.8(a)(4), together with the

record of the votes of Board members

and all other statements of findings,

conclusions and recommendations

made on final determination of an

application by the Board or the

Secretary will be indexed and promptly

made available for public inspection

and copying at the Armed Forces

Discharge Review/Correction Boards

Reading Room located on the Concourse

of the Pentagon Building in Room

2E123, Washington, DC.

(2) All documents made available for

public inspection and copying shall be

indexed in a usable and concise form so

as to enable the public to identify those

cases similar in issue together with the

circumstances under and/or reasons for

which the Board and/or Secretary have

granted or denied relief. The index shall

be published quarterly and shall be

available for public inspection and

distribution by sale at the Reading Room

located on the Concourse of the

Pentagon Building in Room 2E123,

Washington, DC. Inquiries concerning

the index or the Reading Room may be

addressed to the Chief, Micromation

Branch/Armed Forces Discharge

Review/Correction Boards Reading

Room, Crystal Mall 4, 1941 Jefferson

Davis Highway, Arlington, Virginia

22202.

(3) To the extent necessary to prevent

a clearly unwarranted invasion of

personal privacy, identifying details of

the applicant and other persons will be

deleted from the documents made

available for public inspection and

copying. Names, addresses, social

security numbers and military service

numbers must be deleted. Deletions of

other information which is privileged or

classified may be made only if a written

statement of the basis for such deletion

is made available for public inspection.

Dated: January 30, 1997.

D.E. Koenig, Jr.,

LCDR, JAGC, USN, Federal Register Liaison

Officer.

[FR Doc. 97–4390 Filed 2–21–97; 8:45 am]

BILLING CODE 3810–FF–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OH49–1–6072; FRL–5649–6]

Approval and Promulgation of

Implementation Plans; Ohio Stage II

Vapor Recovery Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; Technical

amendment.

SUMMARY: On October 20, 1994, the EPA

published a direct final rule partially

approving and partially disapproving

the Ohio Stage II gasoline vapor

recovery program. Subsequent to that

publication, EPA approved additional

sections of the Ohio Administrative

Code (OAC) concerning control of

volatile organic compounds, including

Stage II test methods and a schedule for

implementation. This second action

inadvertently omitted mention of the

OAC rules incorporated by reference in

the codification of the October 20, 1994

document. This inadvertent omission of

the incorporation by reference of the

Stage II gasoline vapor recovery material

was unintentional and is being

corrected in this document.

EFFECTIVE DATE: February 24, 1997.

FOR FURTHER INFORMATION CONTACT: John

Paskevicz, Air Programs Branch,

Regulation Development Section (AR–

18J), United States Environmental

Protection, Region 5, Chicago, Illinois

60604, (312) 886–6084.

Background

On June 13, 1996, the Ohio EPA

notified the EPA that a correction was

needed to the Code of Federal

Regulations (CFR) regarding the

codification of the Stage II gasoline

vapor recovery program. The State

noted that a portion of the Federal

approval of the Stage II gasoline vapor

recovery rules, published in the Federal

Register on October 20, 1994 (59 FR

52911), was missing from the CFR. On

October 20, 1994, a direct final rule was

published (59 FR 52915) which partially

approved the Stage II gasoline vapor

recovery program for selected areas in

the State of Ohio. The direct final rule

incorporated by reference Ohio

Administrative Code (OAC) rules 3745–

21–09(DDD) (1)–(4). This reference was

inadvertently omitted from the

subsequent publication of a direct final

rule in the Federal Register on March

23, 1995 (60 FR 15235). This direct final

rule approved OAC Chapter 3745–21,

regarding volatile organic compound

emissions, and included revisions to 40

CFR 52.1870(c)(104). The EPA action

published on March 23, 1995 (60 FR

15240), inadvertently omitted the

incorporation by reference of the

previous partial approval of State rules

requiring Stage II gasoline vapor

recovery controls, codified at OAC rules

3745–21–09(DDD) (1)–(4), from its

revisions to 40 CFR 52.1870(c)(104).

Action

OAC rules 3745–21–09(DDD)(1)-(4)

are hereby incorporated by reference

into 40 CFR as § 52.1870(c)(104)(i)(C).

This action is prompted by a request

from the State of Ohio to correct the

CFR to include the reference of this

codification.

Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’

and, is therefore not subject to review by

the Office of Management and Budget.

In addition, this action does not impose

any enforceable duty or contain any

unfunded mandate as described in the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4), or require prior

consultation with State officials as

specified by Executive Order 12875 (58

FR 58093, October 28, 1993), or involve

special consideration of environmental

justice related issues as required by
Federal Register / Vol. 62, No. 36 / Monday, February 24, 1997 / Rules and Regulations 8171

1Among other things, the pre-amendment

guidance consists of those portions of the proposed

post-1987 ozone and carbon monoxide policy that

concern RACT, 52 FR 45044 (November 24, 1987);

‘‘Issues Relating to VOC Regulation Cutpoints,

Deficiencies, and Deviations, Clarification to

Appendix D of November 24, 1987 Federal Register

Notice’’ (Blue Book) (notice of availability was

published in the Federal Register on May 25, 1988);

and the existing control technique guidelines

(CTGs).

Executive Order 12898 (59 FR 7629,

February 16, 1994).

Because this action is not subject to

notice-and-comment requirements

under the Administrative Procedure Act

or any other statute, it is not subject to

the provisions of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.).

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 this rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 52

Environmental protection, air

pollution control, Incorporation by

reference, ozone, Volatile organic

compounds.

Dated: October 11, 1996.

David A. Ullrich,

Acting Regional Administrator.

Title 40 of the Code of Federal

Regulations, chapter I, part 52, subpart

KK, is amended as follows:

PART 52—APPROVAL AND

PROMULGATION OF

IMPLEMENTATION PLANS

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401—7671q.

2. Section 52.1870 is amended by

adding paragraph (c)(104)(i)(C) to read

as follows:

§ 52.1870 Identification of plan.

* * * * *

(c) * * *

(104) * * *

(i) * * *

(C) Ohio Administrative Code rules

3745–21–09(DDD)(1)-(4), effective date

March 31, 1993.

[FR Doc. 97–4422 Filed 2–21–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[CA–13–0027a; FRL 5688–2]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, South

Coast Air Quality Management District

and Yolo-Solano Air Quality

Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on revisions to the California

State Implementation Plan. The

revisions concern rules from the South

Coast Air Quality Management District

(SCAQMD) and Yolo-Solano Air Quality

Management District (YSAQMD). This

approval action will incorporate these

rules into the federally approved SIP.

The intended effect of approving these

rules is to regulate emissions of volatile

organic compounds (VOCs) in

accordance with the requirements of the

Clean Air Act, as amended in 1990

(CAA or the Act). The revised rules

control VOC emissions from wastewater

separators and pharmaceutical

manufacturing operations. Thus, EPA is

finalizing the approval of these

revisions into the California SIP under

provisions of the CAA regarding EPA

action on SIP submittals, SIPs for

national primary and secondary ambient

air quality standards and plan

requirements for nonattainment areas.

DATES: This action is effective on April

25, 1997 unless adverse or critical

comments are received by March 26,

1997. If the effective date is delayed, a

timely notice will be published in the

Federal Register.

ADDRESSES: Copies of the rule revisions

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

rule revisions are available for

inspection at the following locations:

Rulemaking Section [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, S.W.,

Washington, D.C. 20460.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 92123–1095.

South Coast Air Quality Management

District, 21865 E. Copley Drive,

Diamond Bar, CA 91765–4182.

Yolo-Solano Air Quality Management

District, 1947 Galileo Court, Suite

103, Davis, CA 95616.

FOR FURTHER INFORMATION CONTACT:

Christine Vineyard, Rulemaking Section

[Air–4], Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105, Telephone: (415)

744–1197.

SUPPLEMENTARY INFORMATION:

Applicability

The rules being approved into the

California SIP include: South Coast Air

Quality Management District

(SCAQMD) Rule 464, Wastewater

Separators, and Yolo-Solano Air Quality

Management District (YSAQMD) Rule

2.35, Pharmaceutical Manufacturing

Operations. These rules were submitted

by the California Air Resources Board to

EPA on May 13, 1991 and November 30,

1994, respectively.

Background

On March 3, 1978, EPA promulgated

a list of ozone nonattainment areas

under the provisions of the Clean Air

Act, as amended in l977 (1977 Act or

pre-amended Act), that included the

Yolo-Solano County Area and the LosAngeles-South Coast Air Basin (LA

Basin). 43 FR 8964, 40 CFR 81.305. On

May 26, 1988, EPA notified the

Governor of California, pursuant to

section 110(a)(2)(H) of the 1977 Act, that

the above districts’ portions of the

California SIP were inadequate to attain

and maintain the ozone standard and

requested that deficiencies in the

existing SIP be corrected (EPA’s SIPCall). On November 15, 1990, the Clean

Air Act Amendments of 1990 were

enacted. Pub. L. 101–549, 104 Stat.

2399, codified at 42 U.S.C. 7401–7671q.

In amended section 182(a)(2)(A) of the

CAA, Congress statutorily adopted the

requirement that nonattainment areas

fix their deficient reasonably available

control technology (RACT) rules for

ozone and established a deadline of May

15, 1991 for states to submit corrections

of those deficiencies.

Section 182(a)(2)(A) applies to areas

designated as nonattainment prior to

enactment of the amendments and

classified as marginal or above as of the

date of enactment. It requires such areas

to adopt and correct RACT rules

pursuant to pre-amended section 172(b)

as interpreted in pre-amendment

guidance.1 EPA’s SIP-Call used that

guidance to indicate the necessary

corrections for specific nonattainment

areas. The Yolo-Solano County Area is

classified as serious; the portion of

Solano County in the Sacramento

Metropolitan Area is classified as