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Citation: 62 Fed. Reg. 51604 1997
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### 51604 Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Rules and Regulations

revision, published on July 25, 1996. Several minor regulation citations and the date ofthe Governor's SIP submission letter were erroneously cited in the final approval. The EPA is correcting these citations in this action. EFFECTIVE DATE: October2, 1997. FOR FURTHER INFORMATION CONTACT: Mr. Eaton R. Weiler, (214) 665-2174
SUPPLEMENTARY INFORMATION:
I. Background

On July 25, 1996, EPA published a final approval ofLouisiana's RACT Catch-up SIP revision (61 FR 38590). Several errors in the Incorporation by Reference (IBR)language were discovered subsequent to publication. The revisions to LAC 33:111.2103 included IBRto reviseparagraphs G., G.1, and G.4. The correct citation should have been to revise paragraphs G., I, and 1.4. The Waste GasDisposalregulation

was cited as Section 2215. The correct cite for Waste GasDisposalis Section 2115. In addition, Section 2215's introductory paragraph, paragraphs H. and H.5 were unnecessarily adopted. The April 14, 1993, SIP submission further amended Section 2115 and alleviated the need to adoptrevisions to 2115 from the December 21, 1992, submission. Finally, the second ofthe two SIP submissions from Louisiana

was submitted to EPA from the Governor ofLouisiana by letter dated April 14, 1993. The date ofthis letter

was erroneously stated as April 13, 1993.
II. 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 ofManagement 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), orrequire prior consultation with State officials as specified byExecutive Order 12875 (58 FR58093, October 28, 1993), or involve special consideration ofenvironmental justice related issues as required by Executive Order 12898 (59FR 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 ofthe Regulatory Flexibility Act (5 U.S.C. 601 etseq.)

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business Regulatory Enforcement Fairness Act of 1996, EPA submitted areport containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives and the Comptroller General ofthe General Accounting Office prior to publication ofthisrule in today's Federal Register. This rule is not a "major rule" as defined by 5 U.S.C. 804(2).
Listof Subjects in 40 CFRPart52

Environmental protection, Air pollution control, Hydrocarbons, Incorporation by reference, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

Dated: September 19, 1997. Jerry Clifford, ActingRegionalAdministrator.

Part 52, chapter I, title40 ofthe Code ofFederal Regulations is amended as follows:

PART52-[AMENDED]

1. The authority citation ofpart 52 continues to read asfollows:

Authority: 42U.S.C. 7401 7671q.
Subpart T-Louisiana

2. Section 52.970 is amended by revising paragraphs (c)(64) introductory text and (c)(64)(i) to read as follows:
§52.970 Identificationof plan. )* * * * * (c)* (64) Revisions to the Louisiana SIP addressing VOC RACT catch-up requirements were submitted bythe Governor ofLouisiana byletters dated December 21, 1992, and April 14, 1993. (i) Incorporation byreference. (A) Revisions to LAC,Title 33, Environmental Quality, Part III. Air; Chapter 21. Control ofEmissions of Organic Compounds, Subchapter A. General; section 2103. Storage of Volatile Organic Compounds, paragraphs G., I., 1.4.; section 2109. Oil/ Water Separation, paragraph B.4.; Subchapter B. Organic Solvents; section 2123. Organic Solvents, paragraph D.6.; Subchapter C. Vapor Degreasers; section 2125. Vapor Degreasers, paragraph D.; Subchapter F. Gasoline Handling; section 2131. Filling ofGasoline Storage Vessels, paragraphs D., D.1., D.3., G.; section 2135. Bulk Gasoline Terminals, paragraph A.; Subchapter H. Graphic Arts; section 2143. Graphic Arts (Printing)by Rotogravure and Flexographic Processes, paragraph B, as adopted by LDEQ on October 20, 1992.

(B) Revisions to LAC,Title 33, Environmental Quality, Part III. Air; Chapter 21. Control ofEmissions of Organic Compounds, Subchapter A. General; section 2115. Waste Gas Disposal, introductory paragraph, paragraphs H., H.i., H.l.a through H.ld, H.2, H.2.a, H.2.b, H.3, L., as adopted by LDEQ on March 20, 1993.

[FR Doc. 97 26181 Filed 10 1 97; 8:45 am]
BILLING CODE 6560-50-U

ENVIRONMENTAL PROTECTION

AGENCY

40CFR Part 81 [NV029-0003A; FRL-5900-1]

Clean Air Act Reclassification;NevadaClark County Nonattainment Area; Carbon Monoxide
AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.
SUMMARY: In this document EPA is making afinal finding that the Clark County,Nevada carbon monoxide (CO) nonattainment area has not attained the CO national ambient air quality standard (NAAQS) under the Clean Air Act (CAA) after havingreceived a one year extension from the mandated attainment date ofDecember 31, 1995 for moderate nonattainment areas to December 31, 1996. This finding is based on EPA's review ofmonitored air quality data for compliance with the CO NAAQS. As aresult ofthis finding, the Clark County, Nevada nonattainment

area is reclassified as a serious CO nonattainment area byoperation oflaw. The intended effect ofthe reclassification is to allow the State 18 months from the effective date ofthis action to submit a new State Implementation Plan (SIP) demonstrating attainment ofthe CO NAAQS as expeditiously aspractical but no later than December 31, 2000, the CAA attainment date for serious areas. EFFECTIVE DATE: This action is effective

on November 3, 1997. FOR FURTHER INFORMATION CONTACT: Larry Biland, AIR-2, Air Division, U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, California 94105, (415)744- 1227. SUPPLEMENTARY INFORMATION:
I. Background
A. CAA RequirementsandEPA Actions ConcerningDesignationand Classifications

The Clean Air Act Amendments of 1990 (CAA) were enacted on November 15, 1990. Under section 107(d)(1)(C) of the CAA, each carbon monoxide (CO)

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### Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Rules and Regulations 

## 51605

area designated nonattainment prior to enactment ofthe 1990 Amendments, such as the Clark County area, was designated nonattainment by operation oflaw upon enactment ofthe 1990 Amendments. Under section 186(a) of the Act, each CO area designated nonattainment under section 107(d) was also classified by operation oflaw as either "moderate" or "serious" depending on the severity ofthe area's air quality problem. CO areas with design values between 9.1 and 16.4 parts per million (ppm), such as the Clark County area, were classified as moderate. These nonattainment designations and classifications were codified in 40 CFRpart 81. See 56 FR 56694 (November 6, 1991).

States containing areas that were classified as moderate nonattainment by operation oflaw under section 107(d)

were required to submit State implementation plans (SIPs) designed to attain the CO national ambient air quality standard (NAAQS) as expeditiously as practicable but no later than December 31, 1995.'

B.AttainmentDateExtensions

Ifa state does nothave the two consecutive years ofclean data necessary to show attainment ofthe NAAQS, itmay apply,under section 186(a)(4) ofthe CAA, for aone year attainment date extension. EPA may, in its discretion, grant such an extension if: (1) The statehas complied with the requirements and commitments pertaining to the applicable implementation plan for the area; and (2) the area has measured no more than

one exceedance ofthe CO NAAQS at any monitoring site in the nonattainment area in the year preceding the extension year. Under section 186(a)(4), EPA may grant up to two such extensions ifthese conditions have been met. EPA has granted Clark County one extension to December 31, 1996. (61 FR 575407, Wednesday, Nov. 6, 1996).

C.Effect ofReclassification

CO nonattainment areas reclassified

as serious arerequired to submit, within 18 months ofthe area's reclassification, SIPrevisions providing for attainment ofthe CO NAAQS as expeditiously as practicable but no later than December 31, 2000. In addition, the State must submit a SIPrevision that includes: (1) A forecast ofvehicle miles traveled (VMT) for each year before the

1The moderate area SIPrequirements are set forth
in section 187(a) oftheAct and differ depending

on whether the area's design value is below or above 12.7 ppm. The Clark County area has a design value below 12.7 ppm. 40 CFR 81.303. attainment year and provisions for annual updates ofthese forecasts; (2) adopted contingency measures; and (3) adopted transportation control measures and strategies to offset any growth in CO emissions from growth in VMT or number ofvehicle trips. See CAA sections 187(a)(7), 187(a)(2)(A), 187(a)(3), 187(b)(2), and 187(b)(1). Finally, upon the effective date ofthis reclassification, contingency measures in the moderate area plan for the Clark County, Nevada nonattainment area must be implemented.

D.ProposedFindingofFailuretoAttain

On June 26, 1997 EPAproposed to find that the Clark County, Nevada carbon monoxide (CO) nonattainment

area had failed to attain the CO NAAQS by the applicable attainment date. 62 FR 34419. This proposed finding was based

on CO monitoring data collected atthe East Charleston monitoring site during the years 1995 and 1996. These data demonstrate violations ofthe CO NAAQS in 1996. For the specific data considered by EPA in making this proposed finding, see 62 FR 34419.

E. Reclassificationtoa Serious NonattainmentA rea

EPA has the responsibility, pursuant to sections 179(c) and 186(b)(2) ofthe CAA, ofdetermining, within six months ofthe applicable attainment date, whether the Clark County area has attained the CO NAAQS. Under section 186(b)(2)(A), if EPA finds that the area has not attained the CO NAAQS, it is reclassified as serious byoperation of law. Pursuant to section 186(b)(2)(B) of the Act, EPA mustpublish a document in the FederalRegister identifying areas which failed to attain the standard and therefore must be reclassified as serious by operation oflaw.

EPA makes attainment determinations for CO nonattainment areas based upon whether an area has two years (or eight

con secutive quarters) ofclean air quality data.2 Section 179(c)(1) ofthe Act states that the attainment determination must be based upon an area's "air quality as ofthe attainment date." Consequently, where an area has received an extension, EPA will determine whether

an area's air quality has met the CO NAAQS by the required date, or in the

case ofClark County bythe extended date ofDecember 31, 1996, based upon

2See generally memorandum from Sally L. Shaver, Director, Air Quality Strategies and Standards Division, EPA, toRegional Air Office Directors, entitled "Criteria for Cranting Attainment Date Extensions, Making Attainment Determinations, and Determinations ofFailure to Attain theNAAQS forModerate CO Nonattainment Areas," October 23, 1995 (Shaver memorandum). the most recent two years ofair quality data.

EPA determines a CO nonattainment area's air quality status in accordance with 40CFR 50.8 and EPA policy.3 EPA has promulgated two NAAQS for CO: an 8-hour average concentration and a 1- hour average concentration. Because there were no violations ofthe 1-hour standard in the Clark County area, this document addresses only the air quality status ofthe Clark County area with respect to the 8-hour standard. The 8- hour CO NAAQS requires that notmore than one non-overlapping 8-hour average in any consecutive two-year period per monitoring sitecan exceed 9.0ppm (values below 9.5 arerounded down to 9.0 and they arenot considered exceedances). The second exceedance of the 8-hour CO NAAQS at agiven monitoring site within the same twoyearperiod constitutes a violation ofthe CONAAQS. 

### II. Response to Comments on Proposed Finding

Duringthe public comment period on EPA's proposed finding,EPA received

no comments. 

### III.Today'sAction

EPA is today taking final action to find that the Clark County CO nonattainment area did not attain the CONAAQS byDecember 31, 1996, the CAA attainment date for moderate CO nonattainment areas. As a result ofthis finding, the Clark County CO nonattainment area isreclassified by operation oflaw as a serious CO nonattainment area as ofthe effective date ofthis document. This finding is based upon air quality data showing exceedances ofthe CO NAAQS during 1995 and 1996, resulting in two violations in 1996.
IV.Executive Order(EO) 12866

Under E.O. 12866, 58 FR 51735 (October4, 1993), EPA is required to determine whether regulatory actions

are significant and therefore should be subject to OMBreview, economic analysis, and the requirements ofthe Executive Order. The Executive Order defines a "significant regulatory action"

as one thatis likely to result in a rule that may meet atleast one ofthe four criteria identified in section 3(f), including,under paragraph (1), that the rule may "have an annual effect on the economy of$100 million or more or adversely affect, in a material way, the

3See memorandum from William G.Laxton, Director Technical Support Division, entitled "Ozone and Carbon Monoxide Design Value Calculations", June 18, 1990. See also Shaver memorandum.

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### 51606 Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Rules and Regulations

economy, a sector ofthe economy, productivity, competition,jobs, the environment, public health or safety, or State, local, or tribal governments or communities".

The Agency has determined that the finding offailure to attain finalized today would result in none ofthe effects identified in section 3(f). Under section 186(b)(2) ofthe CAA, findings offailure
to attain and reclassification of nonattainment areas arebased upon air quality considerations and must occur by operation oflaw in light ofcertain air quality conditions. They do not, in and ofthemselves, impose any new requirements on any sectors ofthe economy. In addition, because the statutory requirements are clearly defined with respect to the differently classified areas, and because those requirements are automatically triggered by classifications that, in turn, are triggered by air quality values, findings offailure to attain and reclassification cannot be said to impose a materially adverse impact on State, local, or tribal governments or communities.
V. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., EPA must prepare
aregulatory flexibility analysis assessing the impact ofany 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 economic impact on a substantial number ofsmall entities. Small entities include small businesses, small not-forprofit enterprises, and government entities withjurisdiction over populations ofless than 50,000.

As discussed in section IIIofthis document, findings offailure to attain and reclassification ofnonattainment

areasunder section 186(b)(2) ofthe CAA do not in-and-of-themselves create any
new requirements. Therefore, Icertify that today's action does not have a significant impact on small entities.
VI. Unfunded MandatesAct

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

assess whether various actions undertaken in association with proposed or final regulations include a Federal mandate thatmay result in estimated costs of$100 million or more to theprivate sector, or to state, local or tribal governments in the aggregate. EPA believes, as discussed above, that the finding offailure to attain and reclassification ofthe Clark County nonattainment area are factual determinations based upon air quality considerations and must occur by operation oflaw and, hence, do not impose any Federal intergovernmental mandate, as defined in section 101 of the Unfunded Mandates Act.
VII. 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 areport containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives and the Comptroller General ofthe General Accounting Office prior to publication ofthe rule in today's Federal Register. This rule is not a "major rule" as defined by 5 U.S.C. 804(2).
Listof Subjects in 40 CFRPart81

Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations.

Authority:42U.S.C. 7401 7671q.
Dated: September 18, 1997. HarrySeraydarian, ActingRegionalAdministrator. [FR Doc. 97 26187 Filed 10 1 97;8:45 am]
BILLING CODE 6560-50-U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 258 [F-97-FLXF-FFFFF; FRL-5900-7]
RIN2050-AE24

Revisionsto Criteriafor Municipal Solid Waste Landfills
AGENCY: Environmental Protection Agency. ACTION: Direct final rule; confirmation of effective date.
SUMMARY: On July 29, 1997, the U.S. Environmental Protection Agency (EPA) published adirect final rule (62FR 40708) which established regulations to implement the Land Disposal Program Flexibility Act of 1996 (LDPFA). These regulations provide additional flexibility to Approved States for any municipal solid waste landfill (MSWLF) that receives 20 tons or less of municipal solid waste per day. The additional flexibility applies to alternative frequencies ofdaily cover, frequencies ofmethane monitoring, and infiltration layers for final cover. As stated in the preamble to the direct final rule, provisions contained in the Revised Criteria for Municipal Solid Waste Landfills (56 FR51104; October 9, 1991 and 61 FR 60327; November 27, 1996) provide the additional flexibility for demonstrating financial assurance contemplated by Congress in the LDPFA. The additional flexibility will allow the owners and operators ofsmall MSWLFs the opportunity to reduce theircosts ofMSWLF operation while still protectinghuman health and the environment. The EPA has not received

an adverse comment objecting to this rule as written. Therefore, thisrule will go into effect as scheduled. DATES: The effective date ofthe direct final rule published at 62 FR40708 remains October 27, 1997. FOR FURTHER INFORMATION CONTACT: For general information, contact the RCRA Hotline at 800 424-9346 or TDD 800 553-7672 (hearing impaired). In the Washington, DC, metropolitan area, call 703 412-9810 or TDD703 412-3323.

For more detailed information on specific aspects ofthis rulemaking, contact Mr. Allen J.Geswein, U. S. Environmental Protection Agency, Office ofSolid Waste (5306W),401 M Street, SW, Washington, D.C.20460, 703 308-7261, [geswein.allen @epamail.epa.gov]. ElizabethA. Cotsworth, ActingDirector, Office ofSolidWaste. [FR Doc. 97 25879 Filed 10 1 97;8:45 am]
BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40CFR Part 721 [OPPTS-50625B; FRL-5744-6]
RIN 2070-AB27

Revocation of SignificantNew Use Rulesfor Certain Acrylate Substances

AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.

SUMMARY: EPA isrevoking significant

new use rules (SNURs) promulgated under section 5(a)(2) ofthe Toxic Substances Control Act (TSCA) for 95 substances based on new toxicity data. Based on the new data theAgency no longer finds that activities not described in the TSCA section 5(e) consent order mayresult in significant changes in human exposure. DATES: This rule is effective November 3, 1997. FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, Environmental Assistance Division (7408), Office ofPollution Prevention and Toxics, Environmental Protection Agency, Rm. E-543A, 401 M St., SW.,

HeinOnline -- 62 Fed. Reg. 51606 1997