9140 Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Proposed Rules

entities. Moreover, due to the nature of

the Federal/State relationship under the

CAA, preparation of a regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of State action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A. , 427

U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C.

section 7410 (a)(2).

Unfunded Mandates

Under Sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘Unfunded Mandates Act’’),

signed into law on March 22, 1995, EPA

must undertake various actions in

association with proposed or final rules

that include a Federal mandate that may

result in estimated costs of $100 million

or more to the private sector or to State,

local, or tribal governments in the

aggregate.

Through submission of this State

implementation plan revision, the State

and any affected local or tribal

governments have elected to adopt the

program provided for under Part D of

the Clean Air Act. These rules may bind

State, local, and tribal governments to

perform certain actions and also require

the private sector to perform certain

duties. The rules being proposed for

limited approval and limited

disapproval by this action will impose

no new requirements because affected

sources are already subject to these

regulations under State law. Therefore,

no additional costs to State, local, or

tribal governments or to the private

sector result from this action. EPA has

also determined that this proposed

action does not include a mandate that

may result in estimated costs of $100

million or more to State, local, or tribal

governments in the aggregate or to the

private sector.

Executive Order 12866

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under

procedures published in the Federal

Register 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 review under

Executive Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Authority: 42 U.S.C. 7401–7671q.

Dated: February 12, 1997.

Felicia Marcus,

Regional Administrator.

[FR Doc. 97–4966 Filed 2–27–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[ME47–1–6996b; A–1–FRL–5693–6]

Approval, Maine Air Quality

Implementation Plans; and

Redesignation of Hancock and Waldo

Counties; Maine

AGENCY: Environmental Protection

Agency (USEPA or Agency).

ACTION: Proposed rule.

SUMMARY: USEPA is proposing to

approve under the Clean Air Act two

requests from the State of Maine:

approval of the Maine 1990 base year

inventory into the Maine State

Implementation Plan; and a

redesignation request by the State of

Maine. The first request will establish

the 1990 base year inventory of volatile

organic compounds and oxides of

nitrogen emissions for the classified

ozone nonattainment areas in Maine.

The second request will redesignate the

Hancock and Waldo counties marginal

ozone nonattainment area from

nonattainment to attainment, and

approve the 1993 attainment year

inventory for Hancock and Waldo

counties as the required 1993 periodic

inventory. In the Final Rules Section of

this Federal Register, EPA is approving

the State’s request 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 the

approval is set forth in the direct final

rule. If no adverse comments are

received in response to that direct final

rule, no further activity is contemplated

in relation to this proposed 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. EPA will

not institute a second comment period

on this proposal. Any parties interested

in commenting on this proposal should

do so at this time.

DATES: Comments must be received on

or before March 31, 1997.

ADDRESSES: Comments may be mailed to

Susan Studlien, Deputy Director, Office

of Ecosystem Protection (mail code

CAA), U.S. Environmental Protection

Agency, Region I, JFK Federal Bldg.,

Boston, MA 02203. Copies of the State

submittal and EPA’s technical support

document are available for public

inspection during normal business

hours, by appointment at the Office of

Ecosystem Protection, U.S.

Environmental Protection Agency,

Region I, One Congress Street, 11th

floor, Boston, MA and the Bureau of Air

Quality Control, Department of

Environmental Protection, 71 Hospital

Street, Augusta, ME 04333. Persons

interested in examining these

documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

FOR FURTHER INFORMATION CONTACT: For

the base year inventory, Robert

McConnell, (617) 565–9266, and for the

Hancock and Waldo counties

redesignation request Richard P.

Burkhart, (617) 565–3578.

SUPPLEMENTARY INFORMATION: For

additional information, see the direct

final rule which is located in the Rules

Section of this Federal Register.

Authority: 42 U.S.C. 7401–7671q.

Dated: February 3, 1997.

John P. DeVillars,

Regional Administrator, Region I.

[FR Doc. 97–4965 Filed 2–27–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 63

[AD–FRL–5696–1]

RIN 2060–AD93

National Emission Standards for

Hazardous Air Pollutants for Source

Categories: Gasoline Distribution

(Stage I)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule: Amendments.

SUMMARY: On December 14, 1994, the

EPA promulgated the ‘‘National

Emission Standards for Hazardous Air

Pollutants for Source Categories:

Gasoline Distribution (Stage I)’’ (the

‘‘Gasoline Distribution NESHAP’),

pursuant to section 112 of the Clean Air

Act (Act). This action is proposing

amendments to those final standards in

order to implement a proposed

settlement agreement with the American

Petroleum Institute noticed for comment

on November 15, 1996 regarding

improvements in the screening

equations for determining applicability

of the Gasoline Distribution NESHAP.

No comments were received on the

noticed proposed settlement agreement.

This action also proposes some
Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Proposed Rules 9141

clarifications to the NESHAP that were

requested by other parties. Since the

EPA does not anticipate receiving

adverse comments or holding a public

hearing, the amendments are also being

issued as a direct final rule in the final

rules section of this Federal Register. If

no significant adverse comments are

received by the due date (see DATES

section below), no further action will be

taken with respect to this proposal, and

the direct final rule will become final on

the date provided in that action.

DATES: Comments. Comments must be

received on or before March 31, 1997

unless a hearing is requested by March

10, 1997. If a hearing is requested,

written comments must be received by

April 14, 1997.

Public Hearing. Anyone requesting a

public hearing must contact the EPA no

later than March 10, 1997. If a hearing

is held, it will take place on March 14,

1997, beginning at 9:00 a.m.

ADDRESSES: Comments. Comments

should be submitted (in duplicate, if

possible) to: Air and Radiation Docket

and Information Center (6102),

Attention Docket No. A–92–38 (see

docket section below), room M1500,

U.S. Environmental Protection Agency,

401 M Street, S.W., Washington, D.C.

20460. The EPA requests that a separate

copy also be sent to Mr. Stephen Shedd,

whose address is listed in the FOR

FURTHER INFORMATION CONTACT section

below.

Public Hearing. If a public hearing is

held, it will be held at the EPA’s Office

of Administration Auditorium, Research

Triangle Park, North Carolina. Persons

interested in attending the hearing or

wishing to present oral testimony

should notify Ms. JoLynn Collins, U.S.

Environmental Protection Agency,

Research Triangle Park, NC 27711,

telephone (919) 541–5671.

Docket. Docket No. A–92–38, category

VIII 1997 Amendments, containing

information considered by the EPA in

developing the proposed amendments,

is available for public inspection and

copying between 8:00 a.m. and 5:30

p.m., Monday through Friday, except for

Federal holidays, at the EPA’s Air and

Radiation Docket and Information

Center, room M1500, U.S.

Environmental Protection Agency, 401

M Street, S.W., Washington, DC 20460;

telephone (202) 260–7548. A reasonable

fee may be charged for copying. This

docket also contains information

considered by the EPA in proposing and

promulgating the original Gasoline

Distribution NESHAP.

FOR FURTHER INFORMATION CONTACT: For

information concerning applicability

and rule determinations, contact the

appropriate EPA regional or Office of

Enforcement and Compliance Assurance

(OECA) representative:

Region I: Greg Roscoe, Air Programs

Enforcement Office Chief, U.S. EPA,

Region I, JFK Federal Building (SEA),

Boston, MA 02203, Telephone

number (617) 565–3221

Region II: Kenneth Eng, Air Compliance

Branch Chief, U.S. EPA, Region II, 290

Broadway, New York, NY 10007,

Telephone number (212) 637–4080,

Fax number (212) 637–3998

Region III: Walter K. Wilkie, U.S. EPA,

Region III (3AT12), 841 Chestnut

Building, Philadelphia, PA 19107,

Telephone number (215) 566–2150,

Fax number (215) 566–2114

Region IV: Lee Page, U.S. EPA, Region

IV (AR–4), 100 Alabama Street, SW,

Atlanta, GA 30303–3104, Telephone

number (404) 562–9131, Fax number

(404) 562–9095

Region V: Howard Caine (AE–17J), U.S.

EPA, Region V, 77 W. Jackson Blvd.,

Chicago, IL 60604, Telephone number

(312) 353–9685, Fax number (312)

353–8289

Region VI: Sandra A. Cotter (6EN-AT),

U.S. EPA, Region VI (6PD–R), 1445

Ross Avenue, Dallas, TX 75202–2733,

Telephone number (214) 665–7347,

Fax number (214) 665–7446

Region VII: Bill Peterson, U.S. EPA,

Region VII, 726, Minnesota Avenue,

Kansas City, KS 66101, Telephone

number (913) 551–7881

Region VIII: Heather Rooney, U.S. EPA,

Region VIII (8ART–AP), 999 18th

Street, Suite 500, Denver, CO 80202–

2405, Telephone number (303) 312–

6971, Fax number (303) 312–6826

Region IX: Christine Vineyard, U.S.

EPA, Region IX (Air-4), 75 Hawthorne

Street, San Francisco, CA 94105,

Telephone number (415) 744–1197

Region X: Chris Hall, Office of Air

Quality (OAQ–107), U.S. EPA, Region

X, 1200 Sixth Avenue, Seattle, WA

98101–9797, Telephone number (206)

553–1949 or (800) 424–4372 x1949

OECA: Julie Tankersley, U.S. EPA,

Office of Enforcement and

Compliance Assurance (2223A), 401

M Street, SW, Washington, DC 20460,

Telephone number (202) 564–7002,

Fax number (202) 564–0050.

For information concerning the

analyses performed in developing the

proposed amendments, contact Mr.

Stephen Shedd, Waste and Chemical

Processes Group, Emission Standards

Division (MD–13), U.S. Environmental

Protection Agency, Research Triangle

Park, NC 27711, telephone number (919)

541–5397 or fax number (919) 541–

0246.

SUPPLEMENTARY INFORMATION: An

electronic version of the proposal

preamble and the direct final rule is

available for download from the EPA

Technology Transfer Network (TTN), a

network of electronic bulletin boards

developed and operated by the Office of

Air Quality Planning and Standards.

The TTN provides information and

technology exchange in various areas of

air pollution control. The service is free,

except for the cost of a phone call. Dial

(919) 541–5742 for data transfer of up to

14,400 bits per second. If more

information on the operation of the TTN

is needed, contact the systems operator

at (919) 541–5384. The TTN is also

available on the Internet (access: http:/

/ttnwww.rtpnc.epa.gov).

On December 14, 1994 (59 FR 64303),

the EPA promulgated the ‘‘National

Emission Standards for Hazardous Air

Pollutants for Source Categories:

Gasoline Distribution (Stage I)’’ (the

‘‘Gasoline Distribution NESHAP’’). The

Gasoline Distribution NESHAP regulates

all hazardous air pollutants (HAP)

emitted from new and existing bulk

gasoline terminals and pipeline

breakout stations that are major sources

of HAP emissions or are located at sites

that are major sources of HAP

emissions. The regulated category and

entities affected by this action include:

Category Examples of regulated entities

Industry .... Bulk gasoline terminals.

Pipeline breakout stations.

This table is not intended to be

exhaustive but, rather, provides a guide

for readers regarding entities likely to be

interested in the amendments to the

regulation affected by this action. To

determine whether your facility is

regulated by this action, you should

carefully examine all of the applicability

criteria in 40 CFR 63.420. If you have

questions regarding the applicability of

this action to a particular entity, consult

the appropriate person listed in the

preceding FOR FURTHER INFORMATION

CONTACT section.

The specific amendments to the

promulgated Gasoline Distribution

NESHAP that are being proposed are

described in detail in the direct final

rule located in the final rules section of

this Federal Register. The Agency is

seeking comments on these proposed

amendments and on the pertinent

support materials found in the docket.

If no significant, adverse comments are

timely received, no further activity is

contemplated in relation to this

proposed action, and the direct final

rule in the final rules section of this

Federal Register will automatically go

into effect on the date specified in that

rule. If significant adverse comments are
9142 Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Proposed Rules

timely received, the direct final rule will

be withdrawn and all public comments

received will be addressed in a

subsequent final rule. Since the EPA

will not institute a second comment

period on these proposed amendments,

any parties interested in commenting

should do so during this comment

period.

For further supplemental information,

the detailed rationale, and the rule

amendments, see the notice containing

the direct final rule in the final rules

section of this Federal Register.

Administrative Requirements

A. Paperwork Reduction Act

The information collection

requirements of the previously

promulgated NESHAP were submitted

to and approved by the Office of

Management and Budget (OMB). A copy

of this Information Collection Request

(ICR) document (OMB control number

2060–0325) may be obtained from Ms.

Sandy Farmer, Information Policy

Branch, Environmental Protection

Agency, 401 M Street, S.W. (mail code

2136), Washington, D.C. 20460, or by

calling (202) 260–2740.

Today’s proposed amendments to the

Gasoline Distribution NESHAP have no

impact on the information collection

burden estimates made previously. No

additional certifications or filings are

being proposed. Therefore, the ICR has

not been revised.

B. Executive Order 12866

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the EPA must

determine whether a regulation is

‘‘significant’’ and therefore subject to

OMB review and the requirements of

the Executive Order. The criteria set

forth in section 1 of the Order for

determining whether a regulation is a

significant rule are as follows:

(1) Is likely to have an annual effect

on the economy of $100 million or

more, or adversely and materially affect

a sector of the economy, productivity,

competition, jobs, the environment,

public health or safety, or State, local,

or tribal government communities;

(2) Is likely to create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another agency;

(3) Is likely to materially alter the

budgetary impact of entitlements,

grants, user fees, or loan programs or the

rights and obligations of recipients

thereof; or

(4) Is likely to raise novel or policy

issues arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

The Gasoline Distribution NESHAP

promulgated on December 14, 1994 was

treated as a ‘‘significant regulatory

action’’ within the meaning of the

Executive Order. An estimate of the cost

and benefits of the NESHAP was

prepared at proposal as part of the

background information document

(BID). This estimate was updated in the

BID for the final rule to reflect

comments and changes made in

developing the final rule. The

amendments being proposed today have

no impact on the estimates in the final

BID. Pursuant to the terms of Executive

Order 12866, it has been determined

that this action is a ‘‘non-significant

regulatory action’’ within the meaning

of the Executive Order. As such, this

action was not submitted to OMB for

review.

C. Regulatory Flexibility

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions. When

the Agency promulgated the Gasoline

Distribution NESHAP, it analyzed the

potential impacts on small businesses,

discussed the results of this analysis in

the Federal Register, and concluded

that the promulgated regulation would

not result in financial impacts that

significantly or differentially stress

affected small companies. This

proposed rule would not have a

significant impact on a substantial

number of small entities because it

would impose no additional impacts on

small businesses beyond those analyzed

in the original rulemaking and would

simplify the administration of the rule

for all governmental jurisdictions.

Therefore, I certify that this action will

not have a significant economic impact

on a substantial number of small

entities.

D. Unfunded Mandates Reform Act

Under section 202 of the Unfunded

Mandates Reform Act, signed into law

on March 22, 1995, the 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 the private sector, of

$100 million or more. Under section

205, the 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 the EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

The EPA has determined that today’s

action 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.

Therefore, the requirements of the

Unfunded Mandates Reform Act do not

apply to this action.

List of Subjects in 40 CFR Part 63

Environmental protection, Air

pollution control, Hazardous

substances, Incorporation by reference,

Petroleum bulk stations and terminals,

Reporting and recordkeeping

requirements.

Dated: February 21, 1997.

Carol M. Browner,

Administrator.

[FR Doc. 97–4886 Filed 2–27–97; 8:45 am]

BILLING CODE 6560–50–P

[OPPTS–42187E; FRL–5592–1]

40 CFR Part 799

RIN 2070–AC76

Proposed Test Rule for Hazardous Air

Pollutants; Extension of Comment

Period on Proposed Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Extension of comment period on

proposed test rule.

SUMMARY: EPA is extending the public

comment period from March 31, 1997 to

April 30, 1997 on the proposed rule to

require manufacturers and processors of

21 hazardous air pollutants (HAPs) to

test these substances for certain health

effects. This proposed rule was

published in the Federal Register on

June 26, 1996 (61 FR 33178)(FRL–4869–

1). On December 23, 1996, EPA

extended the public comment period on

the proposed rule from January 31, 1997

to March 31, 1997 (61 FR 67516)(FRL–

5580–6).

DATES: Written comments on the

proposed rule must be received by EPA

on or before April 30, 1997.

ADDRESSES: Submit three copies of

written comments on the proposed

HAPs test rule, identified by document

control number (OPPTS–42187A; FRL–

4869–1) to: U.S. Environmental

Protection Agency, Office of Pollution