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
8172 Federal Register / Vol. 62, No. 36 / Monday, February 24, 1997 / Rules and Regulations

2 Yolo County, the portion of Solano County in

the Sacramento Metropolitan Area, and the portion

of Solano County in the San Francisco-Bay Area

retained their designations and were classified by

operation of law pursuant to sections 107(d) and

181(a) upon the date of enactment of the CAA. See

56 FR 56694 (November 6, 1991).

3The LA Basin has retained its designation of

nonattainment and was classified by operation of

law pursuant to sections 107(d) and 181(a) upon the

date of enactment of the CAA. See 56 FR 56694

(November 6, 1991).

4EPA 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).

serious; the portion of Solano County in

the San Francisco-Bay Area is classified

as moderate.2 The LA Basin is classified

as extreme;3 therefore, these areas were

subject to the RACT fix-up requirement

and the May 15, 1991 deadline.

The State of California submitted

many revised RACT rules for

incorporation into its SIP on May 13,

1991 and November 30, 1994, including

the rules being acted on in this

document. This document addresses

EPA’s direct-final action for YSAQMD

Rule 2.35, Pharmaceutical

Manufacturing Operations and

SCAQMD Rule 464, Wastewater

Separators. YSAQMD adopted Rule 2.35

on September 14, 1994; and SCAQMD

adopted Rule 464 on December 7, 1990.

These submitted rules were found to be

complete on July 10, 1991 and January

30, 1995, pursuant to EPA’s

completeness criteria that are set forth

in 40 CFR part 51, Appendix V 4 and is

being finalized for approval into the SIP.

YSAQMD Rule 2.35 controls VOC

emissions from the manufacture of

pharmaceutical and cosmetic products

or devices; and SCAQMD Rule 464

controls VOC emissions from

wastewater treatment equipment used to

separate petroleum-driven compounds

from wastewater, which includes

separator basins, skimmers, grit

chambers, and sludge hoppers. VOCs

contribute to the production of ground

level ozone and smog. YSAQMD Rule

2.35 and SCAQMD Rule 464 were

originally adopted as part of each

district’s effort to achieve the National

Ambient Air Quality Standard (NAAQS)

for ozone and in response to EPA’s SIPCall and the section 182(a)(2)(A) CAA

requirement. The following is EPA’s

evaluation and final action for this rule.

EPA Evaluation and Action

In determining the approvability of a

VOC rule, EPA must evaluate the rule

for consistency with the requirements of

the CAA and EPA regulations, as found

in section 110 and part D of the CAA

and 40 CFR part 51 (Requirements for

Preparation, Adoption, and Submittal of

Implementation Plans). The EPA

interpretation of these requirements,

which forms the basis for today’s action,

appears in the various EPA policy

guidance documents listed in footnote

1. Among those provisions is the

requirement that a VOC rule must, at a

minimum, provide for the

implementation of RACT for stationary

sources of VOC emissions. This

requirement was carried forth from the

pre-amended Act.

For the purpose of assisting state and

local agencies in developing RACT

rules, EPA prepared a series of Control

Technique Guideline (CTG) documents.

The CTGs are based on the underlying

requirements of the Act and specify the

presumptive norms for what is RACT

for specific source categories. Under the

CAA, Congress ratified EPA’s use of

these documents, as well as other

Agency policy, for requiring States to

‘‘fix-up’’ their RACT rules. See section

182(a)(2)(A). The CTGs applicable to

these rules are entitled, ‘‘Control of

Refinery Vacuum Producing Systems,

Wastewater Separators, and Process

Unit Turnarounds,’’ EPA–450/2–77–

025; and ‘‘Control of Volatile Organic

Emissions from Manufacture of

Synthesized Pharmaceutical Products,’’

EPA–450/2–78–029. Further

interpretations of EPA policy are found

in the Blue Book, referred to in footnote

1. In general, these guidance documents

have been set forth to ensure that VOC

rules are fully enforceable and

strengthen or maintain the SIP.

YSAQMD’s submitted Rule 2.35,

Pharmaceutical Manufacturing

Operations, is a new rule and includes:

• Specific emissions standards and

control methods for equipment,

maintenance and repair, and surface

preparation and cleanup solvents;

• A compliance schedule for existing

source modifications;

• Exemptions for small facilities and

sources subject to other district rules;

• Extensive monitoring and

recordkeeping requirements for smallusers, organic compound processing,

emission control equipment, and

solvent waste/residue disposal.

SCAQMD Rule 464, Wastewater

Separators, includes the following

significant changes from the current SIP:

• The definition of wastewater

separator was added to the rule;

• The equivalency provision in

section (b)(1)(C) was deleted at the

request of EPA because it allowed the

Executive Director to approve the use of

other equipment of equivalent

effectiveness as a solid cover and/or a

floating pontoon or double-deck type

cover without EPA’s concurrence;

• The effective dates were deleted

because they were outdated.

EPA has evaluated the submitted

rules and has determined that they are

consistent with the CAA, EPA

regulations, and EPA policy. Therefore,

YSAQMD Rule 2.35, Pharmaceutical

Manufacturing Operations and

SCAQMD Rule 464, Wastewater

Separators, are being approved under

section 110(k)(3) of the CAA as meeting

the requirements of section 110(a) and

part D.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

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.

EPA is publishing this document

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revisions should

adverse or critical comments be filed.

This action will be effective April 25,

1997, unless, by March 26, 1997,

adverse or critical comments are

received.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received will then be

addressed in a subsequent final rule

based on this action serving as a

proposed rule. The EPA will not

institute a second comment period on

this action. Any parties interested in

commenting on this action should do so

at this time. If no such comments are

received, the public is advised that this

action will be effective April 25, 1997.

Regulatory Process

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 these rules will not have a

significant impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises and government

entities with jurisdiction over

population of less than 50,000.

SIP approvals under sections 110 and

301(a) and subchapter I, Part D of the

CAA do not create any new

requirements, but simply approve

requirements that the State is already
Federal Register / Vol. 62, No. 36 / Monday, February 24, 1997 / Rules and Regulations 8173

imposing. Therefore, because the

Federal SIP-approval does not impose

any new requirements, I certify 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 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.

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 or 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 approved 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 final

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.

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

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 (OMB) has exempted this

regulatory action from Executive Order

12866 review.

Submission to Congress and the General

Accounting Office

Under 5 U.S.C. 801(a)(1)(A) of the

Administrative Procedures Act (APA) as

amended 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) of the APA as amended.

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: February 3, 1997.

Felicia Marcus,

Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

Subpart F—California

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. Section 52.220 is amended by

adding paragraphs (c)(184) (i)(B)(6) and

(c)(207)(i)(C)(5) to read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(184) * * *

(i) * * *

(B) * * *

(6) Rule 464, adopted on December 7,

1990.

* * * * *

(207) * * *

(i) * * *

(C) * * *

(5) Rule 2.35, adopted on September

14, 1994.

* * * * *

[FR Doc. 97–4421 Filed 2–21–97; 8:45 am]

BILLING CODE 6560–50–P

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 302–11

[FTR Amendment 57]

RIN 3090–AG28

Federal Travel Regulation; Relocation

Income Tax (RIT) Allowance Tax

Tables

AGENCY: Office of Governmentwide

Policy, GSA.

ACTION: Final rule.

SUMMARY: The Federal, State, and Puerto

Rico tax tables for calculating the

relocation income tax (RIT) allowance

must be updated yearly to reflect

changes in Federal, State, and Puerto

Rico income tax brackets and rates. The

Federal, State, and Puerto Rico tax

tables contained in this rule are for

calculating the 1997 RIT allowance to be

paid to relocating Federal employees.

DATES: This final rule is effective

January 1, 1997, and applies for RIT

allowance payments made on or after

January 1, 1997.

FOR FURTHER INFORMATION CONTACT: Jane

Groat, Office of Governmentwide Policy

(MTT), Washington, DC 20405,

telephone 202–501–1538.

SUPPLEMENTARY INFORMATION: This

amendment provides the tax tables

necessary to compute the relocation

income tax (RIT) allowance for

employees who are taxed in 1997 on

moving expense reimbursements.

The General Services Administration

has determined that this rule is not a

significant regulatory action for the

purposes of Executive Order 12866 of

September 30, 1993. This final rule is

not required to be published in the

Federal Register for notice and

comment. Therefore, the Regulatory

Flexibility Act does not apply. This rule

also is exempt from Congressional

review prescribed under 5 U.S.C. 801

since it relates solely to agency

management and personnel.

List of Subjects in 41 CFR Part 302–11

Government employees, Income taxes,

Relocation allowances and entitlements,

Transfers.

For the reasons set out in the

preamble, 41 CFR part 302–11 is

amended to read as follows:

PART 302–11—RELOCATION INCOME

TAX (RIT) ALLOWANCE

1. The authority citation for part 302–

11 is revised to read as follows:

Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).