### No. 190 / Monday, September 30, 1996 / Rules and Regulations

(1) an annual effect on the economy of $100 million or more; (2) a major increase in costs orprices for
consumers, individual industries, Federal, State or local government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability ofthe United States-based enterprises to compete with foreignbased enterprises in domestic and export markets.

This final rule is effective 30 days afterpublication. Regulatory Flexibility Act

The Regulatory Flexibility Act (Pub. L. 96-354) requires the Federal Government to anticipate and reduce the impact ofrules and paperwork requirements on small businesses and other small entities. Thisrule has no significant effect on a substantial number ofsmall entities. The Final Rule

removes duplicative regulations governing the H-1A, D-1, H-1B and F1 temporary nonimmigrant programs from title 29 ofthe CFR, and crossreferences title 20 CFR, part 655, subparts D through K,where the relevant regulations remain in effect. This Final Rule addresses issues of agency administration which do not affect the obligations ofthe regulated public. Thus, the Final rule does not have a significant economic impact on

a substantial number ofsmall entities. Further, since this Final Rule was not preceded by a proposed rule, it is not a regulation subject to the provisions of the Regulatory Flexibility Act. Therefore, a regulatory flexibility analysis is not required. Paperwork Reduction Act

This regulation contains no information collection requirements which are subject to review and approval by the Office ofManagement and Budget (OMB) under the Paperwork Reduction Act of 1980 (44 U.S.C. 3500
et seq.).
List of Subjects
29 CFRPart504

Administrative practice and procedure, Aliens, Employment, Enforcement, Health professions, Labor, Nurse, Penalties, Registered nurse, Reporting and recordkeeping requirements, Wages.
29 CFRPart506

Administrative practice and procedure, Aliens, Crewmembers, Employment, Enforcement, Immigration, Labor, Longshore work, Penalties, Reporting and recordkeeping 

### requirements.

29 CFRPart507

Administrative practice and procedure, Aliens, Employment, Enforcement, Fashion models, Immigration, Labor, Penalties, Reporting and recordkeeping requirements, Specialty occupations, Wages, Working conditions.

29 CFRPart508

Administrative practice and procedure, Aliens, Employment, Enforcement, Immigration, Labor, Penalties, Reporting and recordkeeping requirements.

Signed at Washington, DC, this 23rd day of September, 1996. Robert B. Reich, SecretaryofLabor.

For the reasons set forth in the preamble, 29 CFR chapter V is amended

as setforth below:

1. Part 504 is revised to read as follows:



### PART504-ATTESTATIONS BY FACILITIES USING NONIMMIGRANT ALIENS AS REGISTERED NURSES

Authority: 8U.S.C. 1101(a)(15)(H)(i)(a) and 1182(m); sec. 3(c)(1), Pub. L. 101 238, 103 Stat. 2099, 2103; and sec. 341 (a) and (b), Pub. L. 103 182, 107 Stat. 2057. 

### §504.1 Cross-reference.

Regulations governing labor condition attestations byfacilities using nonimmigrant aliens as registered

nurses are found at 20 CFRpart 655, subparts D and E.

2. Part 506 is revised to read as follows:



### PART506-ATTESTATIONS BY EMPLOYERS USING ALIEN CREWMEMBERS FOR LONGSHORE ACTIVITIES IN U.S. PORTS

Authority: 8U.S.C. 1288 (c)and (d). 

### §506.1 Cross-reference.

Regulations governing attestations by employers using alien crewmembers for longshore activities in U.S. ports are found at20 CFRpart 655, subparts F and G.

3. Part 507 is revised to read as follows: 

### PART507-LABOR CONDITION APPLICATIONS AND REQUIREMENTS FOR EMPLOYERS USING NONIMMIGRANTS ON H-1B SPECIALTY VISAS INSPECIALTY OCCUPATIONS AND AS FASHION MODELS

Authority: 8U.S.C. 1101(a)(15)(H)(i)(b), 1182(n), and 1184;29 U.S.C. 49 etseq.;Pub. L. 102 232, 105 Stat. 1733, 1748 (8U.S.C. 1182 note); and sec. 341 (a) and (b),Pub. L. 103 182, 107 Stat.2057. 

### §507.1 

### Cross-reference.

Regulations governing labor condition applications requirements for employers using nonimmigrants on H-1B specialty visas in specialty occupations and as fashion models are found at 20 CFRpart 655, subparts H and I.

4. Part 508 is revised to read as follows:


### PART508-ATTESTATIONS FILED BY EMPLOYERS UTILIZING F-1 STUDENTS FOR OFF-CAMPUS WORK

Authority: 29U.S.C. 49 et seq.; and sec. 221(a), Pub. L. 101 649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note). 

### §508.1 Cross-reference.

Regulations governing attestations by employers using F-1 students in offcampus work are found at 20 CFRpart 655, subparts J and K. [FR Doc. 96 24820 Filed 9 27 96; 8:45 am]

BILLING CODE 4510-30-P; 4510-27-P



### ENVIRONMENTAL PROTECTION

AGENCY
40CFR Part 52 [MT26-7-6874a; FRL-5609-8]
Clean AirActApproval and Promulgation ofState Implementation Plan for Montana; LibbyModerate PM10 

### Nonattainment Area
AGENCY: Environmental Protection 

### Agency (EPA). ACTION: Direct final rule.

SUMMARY: In this action, EPA approves the State implementation plan (SIP) revisions submitted by the State of Montana on March 15, 1995 to satisfy the Federal Clean Air Actrequirement to submit contingency measures for the Libby moderate PM1o (particulate matter with an aerodynamic diameter less than

or equal to a nominal 10micrometers) nonattainment area. The March 15, 1995 submittal also recodified the Lincoln County regulations. In addition, EPA is approving a SIP revision submitted by the Governor ofMontana on May 13, 

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### Federal Register / Vol. 61, No. 190 / Monday, September 30, 1996 / Rules and Regulations 51015

1996, which included revisions to the Lincoln County regulations regarding open burning and other minor administrative amendments. EPA is approving these SIP revisions because they are consistent with the applicable requirements ofthe Clean Air Act, as amended (Act), and EPA guidance. DATES: This action is effective on November 29, 1996 unless notice is received by October 30, 1996 that

someone wishes to submit adverse or critical comments. Ifthe effective date is delayed, timely notice willbe published 

### in the FederalRegister.
ADDRESSES: Copies ofthe State's submittal and other information are available for inspection during normal business hours at the following locations: Air Program, Environmental Protection Agency, Region VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2466; Montana Department of Environmental Quality, Air Quality Division, 836 Front Street, Helena, Montana 59620-5520; and The Air and Radiation Docket and Information Center, 401 M Street, SW, Washington, DC 20460. FOR FURTHER INFORMATION CONTACT: Vicki Stamper, 8P2-A, U.S. Environmental Protection Agency, Region VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2466, (303) 312-6445.
SUPPLEMENTARY INFORMATION: 

### I. Background

The Libby, Montana area was designated nonattainment for PM 10 and classified as moderate under sections 107(d)(4)(B) and 188(a) ofthe Act, upon enactment ofthe Clean Air Act Amendments of 1990. See 56 FR 56694 (Nov. 6, 1991); 40 CFR 81.327 (specifyingdesignations for Montana). Those States containing initial moderate PM 10 nonattainment areas were required
to submit several provisions by November 15, 1991. These provisions, including an attainment demonstration (ordemonstration that timely attainment is impracticable), are described in EPA's final rulemaking for the Libby moderate PM10 nonattainment

area SIP (59 FR44627, August 30, 1994). The Libby PM10 control measures targeted re-entrained road dust, residential wood burning, prescribed burning, and industrial sources for reductions in PM10 emissions to demonstrate attainment ofthe PM10 national ambient air quality standards (NAAQS). See the August 30, 1994 notice offinal rulemaking and associated Technical Support Document (TSD)for further details. Such States were also required to submit contingency measures by November 15, 1993 (see 57 FR 13543). The Governor ofMontana submitted revisions to the SIP forLibby on March 15, 1995, to address thisrequirement.

In addition, on May 13, 1996, the Governor ofMontana submitted revisions to the Lincoln County open burning rules and other minor revisions for approval into the SIP.
II. This Action
Section I10(k)ofthe Act sets out provisions governing EPA's review of SIP submittals (see 57 FR 13565-13566).

A. AnalysisRequirements forState Submissions

1. Procedural Background

The Act requires States to observe certain procedural requirements in developing implementation plans and plan revisions for submission to EPA. [See sections 110(a)(2) and 110(1) ofthe Act.] EPA also must determine whether

a submittal is complete and therefore
warrants further EPA review and action [see section 110(k)(1) ofthe Act and 57 FR 13565]. The EPA's completeness criteria for SIP submittals are set out at 40 CFRpart 51, appendix V.

To entertain public comment, the State ofMontana, afterproviding adequate notice, held public hearings on December 16, 1994to consider the Libby PM 10 contingency measures and

on February 1, 1996 to consider the revisions to the Lincoln County open burning rules and other minor revisions. Following the hearings, the Montana Board ofHealth and Environmental Sciences adopted the Libby PM 10 contingency measures and the revisions
to the Lincoln County open burning rules. The SIPrevisions were formally submitted to EPA for approval on March 15, 1995 and on May 13, 1996, respectively.

The SIP revisions were reviewed by EPA to determine completeness shortly after their submittal, in accordance with the completeness criteria referenced above. The submittals were found to be complete, and letters dated April 21, 1995 and July 3, 1996 were forwarded
to the Governor indicating the completeness ofthe submittals and the
next steps to be taken.

2. PM 10 Contingency Measures

The Clean Air Act requires States containing PM10 nonattainment areas to adopt contingency measures that will take effect without further action by the State or EPA upon a determination by EPA that an area failed to make reasonable further progress (RFP) or to 

### timely attain the applicable NAAQS, as described in section 172(c)(9). See generally 57 FR 13510-13512 and 13543-13544. Pursuantto section 172(b), the Administrator has established a schedule providing that States containing initialmoderate PM1 

### o nonattainment areas shall submit SIP revisions containing contingency

measures no laterthan November 15, 1993. (See57 FR 13543, n. 3.)

The General Preamble further explains that contingency measures for PM10 

### should consist ofother available control measures, beyond those necessary to meet the coremoderate

area control requirement to implement reasonably available control measures (see sections 172(c)(1) and 189(a)(1)(C) ofthe Act). Based on the statutory structure, EPA believes thatcontingency

measures must,at a minimum, provide for continued progress toward the attainment goal during the interim period between the determination that the SIPhas failed to achieve RFP or provide for timely attainment ofthe NAAQS and additional formal air quality planning followingthe determination (57 FR 13511).

Section 172(c)(9) oftheAct specifies thatcontingency measures shall "take effect * * *without further action by the State orthe [EPA] Administrator." EPA has interpreted this requirement (in the General Preamble at57 FR 13512) to
mean thatno further rulemaking activities by the State orEPA would be needed to implement the contingency

measures. In general, EPA expects all actions needed toeffect full implementation ofthe measures to
occur within 60 days after EPAnotifies the State ofitsfailure to attain the standard ormake RFP.EPA recognizes thatcertain actions, such asnotification ofsources, modification ofpermits,etc., maybe needed before some measures could be implemented. However, States must show thattheir contingency

measures canbe implemented with minimal further administrative action

on theirpart and with no additional rulemaking action such as public hearing orlegislative review.

The provisions for selection and implementation ofcontingency

measures for theLibby moderate PM10 

### nonattainment are in Section 75.1.103 of theLincoln County Air Pollution Control Program. The County and State have targeted three sources ofemissions forpotential implementation of contingency measures: residential wood combustion, re-entrained road dust, and industry emissions. The County rule provides that, within 60 days of notification bythe State orEPAthat the Libby moderate PM1

### ononattainment

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### No. 190 / Monday, September 30, 1996 / Rules and Regulations

area has failed to attain the PM1o NAAQS or to make RFP, one or more of three measures willbe implemented depending on which source(s) of emissions is determined to be the significant contributor(s) to the problem. The County rule further provides that, if initially no source is determined to be the significant contributor, a comprehensive review, including chemical and microscopic analysis of exposed PM10filters, will be conducted by the County and the State to determine the significant contributor. In the meantime, the County rule requires that at least one ofthe three available contingency measures be implemented

on an interim basis. This interim contingency measure will remain in effect until the significant source is identified and apermanent contingency

measure has been implemented.

The specific contingency measures adopted for the Libby moderate PM10 nonattainment area and their projected effectiveness are as follows:

a. Residential Wood Burning Contingency Measure

Section 75.1.206(3) ofthe local regulations contains the residential wood burning contingency measure. The County rule provides for early implementation ofthis contingency

measure if needed, which is acceptable. Ifthis measure is implemented, the County regulation provides that:

No solid fuel burning device shall be operated within the Libby Air Pollution Control District between October 1 and March 31 unless ithas been permitted by the [Lincoln County Health] Department as aClass I, Class II, Low Income Exemption or Sole Source device or is operating on a validated Temporary Emergency Heating Authorization Permit.

This contingency measure goes beyond the existing control measure, which limits the use ofthese types of solid fuelburning devices only when an alert is called by the County (i.e., when PM 10 levels exceed 100 gg/m 3 and conditions indicate that PM 10 levels will remain above 100 

### jig/m3).

Ifthe residential wood burning contingency measure is implemented in the Libby nonattainment area, the State estimates that the control efficiency of the wood burning measures will be 57% in the 24-hour attainment demonstration (an increase of5% over the control efficiency ofthe residential wood burning measures in the original SIP attainment demonstration). The State also estimates that the annual control efficiency ofthe wood burning

measures would be 54% (an increase of 20% over the annual control efficiency in the original SIP). Total reduction from the contingency measure is calculated to be 256 pounds ofPM10 reduced per day more than without the contingency measure, and 19.4 tons

more per year.
b. Re-entrained Road Dust Contingency Measure
Section 75.1.303(3) ofthe County regulations contains the re-entrained road dust contingency measure. The County rule provides for early implementation ofthis contingency

measure if needed, which is acceptable. Ifthis measure is implemented, the following changes to the existingroad dust control plan (which has been approved as part ofthe Libby PM10 SIP) become effective: (1) The Area ofRoad Sanding and Sweeping will be extended to the boundaries ofthe Air Pollution Control District. Thus, the prioritized street sweeping and flushing schedule will be expanded to apply to all public roadways within the Road Sanding and Sweeping District;

(2) The use ofliquid de-icing agents (which was not previously required) will be mandatory on allroads and parking lots within the expanded Road Sanding and Sweeping District. Use of sanding materials will be prohibited except in emergency situations; and (3) Any sanding materials used in an emergency situation must meet the specifications identified in Section 75.1.303(1) ofthe County regulation. The City ofLibby and the Department ofTransportation have installed tanks and converted equipment for the use of

aliquid de-icer instead of sanding material.

Ifthe re-entrained road dust contingency measure is implemented, the State estimates that the control efficiency ofthe re-entrained road dust

measures willbe 90% in the 24-hour attainment demonstration (an increase of42% over the control efficiency ofthe re-entrained road dust measures in the original SIP attainment demonstration). The State also estimates that the annual control efficiency ofthe re-entrained road dust contingency measure willbe 71% (an increase of33% over the original SIP attainment demonstration). Total reduction from the contingency

measure is calculated to be 7421 pounds ofPM10 per day and 403 tons ofPM1o per year than without the contingency

measure.

c. Stimson Lumber Company Contingency Measure
Section 75.1.103(2)(c) ofthe County regulation states that, if industrial facility emissions are determined to be one ofthe significant contributors to PM10 exceedances in the Libby PM 10 nonattainment area, contingency

measures reducing the industrial facility's emissions shall be initiated by the State. Implementation ofthis contingency measure was retained by the State because the authority to regulate sources governed by the Montana Clean AirAct (MCA), Title 75, Chapter 2, is not delegable to the local level. The requirements ofthis contingency measure are contained in the December 16, 1994 Board Order and Stipulation between Stimson Lumber Company and the State. The contingency measure consists of additional controls on fugitive dust

sources.

The existing fugitive dust requirements in the permit include: chemical dust suppressant on the major haul routes to maintain compliance with the 20% opacity limitation (atleast annually), and water sprays used as necessary to control dust emissions on active areas ofthe log yard. The contingency measures in the stipulation add the following requirements:

(1) The facility entrance and Plywood Plant access road shall be surfaced with either asphalt, concrete, or chip seal from Highway 2 to the Plywood Plant. Sweeping and flushing shall be conducted, as necessary, to maintain compliance with a 5% opacity limitation but not less than twice annually, with one application during the months ofApril-June and one application during the months of September-November.

(2) The chip sealed portions ofthe Plywood Plant access road shall consist ofa double layer ofoil base and chips which shall be watered, as necessary, to maintain compliance with a 5% opacity limitation. These portions shall also be maintained to avoid deterioration by evaluating the chip seal for cracking at

a minimum ofevery 2 years, and by applying acrack sealer (e.g., rubberized asphalt) as needed. A thorough evaluation and assessment ofthe need
to reseal the roadway shall be conducted no less than every 5 years.

(3) Chemical dust suppressant shall be applied to all remaining active unpaved areas within the facility as necessary to maintain compliance with the 5% opacity limitation, but notless than twice annually with one application during the months ofAprilJune and one application during the months ofSeptember-November.

(4) The facility shall maintain a written record ofall implemented contingency measures, which shall be made available to the Montana 

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### Federal Register / Vol. 61, No. 190 / Monday, September 30, 1996 / Rules and Regulations 51017

Department ofEnvironmental Quality upon request.

The stipulation provides thatthis contingency plan will become effective within 60 days after notification to the company and without further negotiation.

The State's March 15, 1995 SIP submittal did not contain an analysis of the effectiveness ofthe Stimson Lumber Company contingency measures. While this contingency measure specifically controls fugitive dust emissions in the logyard area and associated roads of Stimson LumberCompany, themain problem the State intended to address with these measures was the amount of mud and dirtcarried out onto thepublic roads around the Plywood Plantby vehicles leavingthe facility. However, the amount ofPM10

### reductions due to a reduction in mud and dirt carryout from Stimson LumberCompany are not readily quantifiable. The State did not calculate theemissions reductions due to these fugitive dustcontingency

measures expected on the Stimson Lumber Companyproperty itself because they believed the calculations would not accurately reflect the overall effectiveness ofthis contingency

measure. EPA agrees with the State that the Stimson Lumber Company contingency measures will help to reduce mud and dirt carryout onto the public roads and, consequently, will reduce re-entrained road dust emissions, as well asreducing fugitive dust emissions emitted from the Stimson LumberCompany property. Thus, this contingency measure, if implemented, will provide for additional emissions reductions in the Libby PM 10 

### nonattainment area.

EPA believes theLibby contingency

measures are approvable. The control

measures implemented in thePM1

### oSIP

areprojected to achieve more emissions reductions than needed to demonstrate attainment ofthePM 10

### NAAQS, as indicated by the State's predicted 24- hour attainment concentration of 135.9 gLg/m 3



### . Since the 24-hour PM 10

### NAAQS is 150 gLg/m 3



### ,this established safety margin further supports the reasonableness ofthese contingency

measures. 3.Revisions toLincoln County's Open Burning Regulations

The City ofLibby and Lincoln County revised the open burningrules to address newly adopted provisions to the State's openburningrules. Specifically, theLincoln County openburning rules

were revised to add newprovisions addressing open burning ofChristmas tree waste, forcommercial film orvideo productions, and for firefighter training. In addition, the County rules were revised to add additional requirements for the issuance ofconditional open burning permits, such as providing public notice and opportunity for public hearing. The County also added a provision statingthat it could only issue

aconditional open burning permit if emissions from the burn would not endanger public health or cause or contribute to a violation ofthe NAAQS.

The County rules were also revised to make other minor administrative changes to reflect the reorganization of the Montana Department of Environmental Quality (formerly Montana Department ofHealth and Environmental Sciences).

EPA believes the revisions to the County's rules submitted May 13, 1996

are consistent with the Act and will help to protect the PM10 NAAQS in the Libby area. Therefore, EPA finds the revisions to be approvable.
4. Enforceability Issues

All measures and other elements in the SIP must be enforceable by the State and EPA (see sections 172(c)(6), 110(a)(2)(A) and 57 FR 13556). The EPA criteria addressingthe enforceability of SIPs and SIP revisions were stated in a September 23, 1987, memorandum (with attachments) from J.Craig Potter, Assistant Administrator for Air and Radiation, etal.(see 57 FR 13541). SIP provisions also must contain a program to provide for enforcement ofcontrol

measures and other elements in the SIP [see section 110(a)(2)(C)]. EPA believes the Libby PM10 contingency measures and the local regulations meet the SIP enforceability requirements. For further details, see the TSDaccompanying this action.


### III. FinalAction

EPA is approving the PM 1o contingency measures and the recodification ofthe local regulations submitted for the Libby moderate PM10 nonattainment area bythe Governor of Montana on March 15, 1995. This submittal adequately addressed the PM 10 contingency measure requirements for Libby. In addition, EPA is approving the revisions to the Lincoln County regulations submitted bythe Governor ofMontana on May 13, 1996 regarding open burning and other minor administrative amendments.

EPA is publishing this action 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, EPA is proposing to approve the SIP revisions should adverse or critical comments be filed. Under the procedures established in the May 10, 1994 Federal Register (59 FR 24054),this action willbe effective November 29, 1996 unless, by October 30, 1996, adverse or critical comments

arereceived.

IfEPA receives such comments, this action will be withdrawn before the effective date bypublishing a subsequent notice 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. EPA will notinstitute a second comment period on this action. Anyparties interested in commenting on this action should do so at this time. Ifno such comments arereceived, the public is advised that this action will be effective

on November 29, 1996.

Nothing in this action should be construed as permitting or allowing or establishing aprecedent for any future request for revision to any SIP. Each request for revision to a SIP shall be considered separately in light ofspecific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements.

IV.Administrative Requirements

A. Executive Order12866

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), asrevised by aJuly 10, 1995 memorandum from Mary Nichols, Assistant Administrator for Air and Radiation. The Office ofManagement and Budget (OMB) has exempted this regulatory action from E.O. 12866 review.

B. RegulatoryFlexibilityAct

Under the Regulatory Flexibility Act, 5 U.S.C. 600, etseq., 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 of small entities. Small entities include smallbusinesses, small not-forprofit enterprises, and government entities with jurisdiction over populations ofless than 50,000. SIP approvals under section 110 and subchapter I, part D ofthe Clean Air Act do notcreate any new requirements but simply approve requirements that the State is already imposing. Therefore, because the Federal SIP approval does
notimpose any new requirements, the

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### No. 190 / Monday, September 30, 1996 / Rules and Regulations

Administrator certifies that it does not have a significant impact on any small entities affected. Moreover, due to the
nature ofthe Federal-state relationship under the Act, preparation ofa flexibility analysis would constitute Federal inquiry into the economic reasonableness ofstate action. The Act forbids EPA to base its actions concerning SIPs on such grounds. UnionElectric Co. v. U.S. EPA, 427 U.S. 

### 246, 255-66 (1976); 42U.S.C. 7410(a)(2).
C. UnfundedMandates

Under section 202 ofthe 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 aFederal 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, EPA must select the most costeffective and least burdensome alternative that achieves the objectives ofthe 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 bythe 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 Congressandthe 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. Thisrule is
not a "major rule" as defined by 5 U.S.C. 804(2).

E. Petitions forJudicialReview
Under section 307(b)(1) ofthe Clean Air Act, petitions forjudicial review of this action must be filed in the United States Court ofAppeals for the appropriate circuit by November 29, 1996. Filing apetition for reconsideration by the Administrator of this final rule does not affect the finality ofthis rule for the purposes ofjudicial review nor does it extend the time within which a petition forjudicial review must be filed, and shall not postpone the effectiveness ofsuch rule

or action. This action may notbe challenged later in proceedings to enforce its requirements (see section 307(b)(2)). 

### ListofSubjects in40 CFRPart52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements.

Dated: August 29, 1996. Patricia D. Hull, ActingRegionalAdministrator.



### Chapter I,title 40 ofthe Codeof Federal Regulations is amended as follows:


### PART52-[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 7671q. 

### Subpart BB-Montana

2. Section 52.1370 is amended by addingparagraph (c)(44) to read as follows: 

### §52.1370 Identificationofplan.

(c)* * * (44)The Governor ofMontana submitted PM 10 contingency measures 

### and arecodification ofthelocal regulations for Libby, Montana in a 

### letter dated March 15, 1995. In addition, the Governor ofMontana submitted revisions to the local open burning regulations and other minor administrative amendments on May 13, 

### 1996.

(i)Incorporation byreference. (A) Board order issued on December 16, 1994 bythe Montana Board of Health and Environmental Sciences adopting stipulation ofthe Montana Department ofHealth and Environmental Sciences and Stimson Lumber Company. (B) Board order issued December 16, 1994 bythe Montana Board ofHealth and Environmental Sciences adopting the PM10 contingency measures as part ofthe Libby air pollution control program. (C) Board order issued on February 1, 1996 bythe Montana Board of Environmental Review approving amendments to the Libby Air Pollution Control Program.

(D)Lincoln Board ofCommissioners Resolution No. 377, signed September 

### 27, 1995, and Libby CityCouncil Ordinance No. 1507, signed November 20, 1995, adoptingrevisions to the Lincoln County AirPollution Control Program, Sections 75.1.103 through 

### 75.1.719.

(E)Lincoln County AirPollution Control Program, Sections 75.1.101 through 75.1.719, effective December 

### 21, 1995. [FR Doc. 96 24532 Filed 9 27 96; 8:45 am]

BILLING CODE 6560-50-P



### 40CFR Part 82 [FRL-5616-9]


### Protection ofStratospheric Ozone

AGENCY: Environmental Protection 

### Agency. ACTION: Notice of denial ofpetition.

SUMMARY: This action notifies the public that the Agency received apetition pursuant to section 612(d) ofthe Clean AirAct, under the Significant New Alternatives Policy (SNAP) Program, and that EPA is denying the petition. SNAP implements section 612 ofthe amended Clean Air Act of 1990, which requires EPA to evaluate substitutes for ozone-depleting Substances (ODS) and
to regulate the use ofsubstitutes where other alternatives exist that reduce overall risk to human health and the environment. Through these evaluations, EPA generates lists of acceptable and unacceptable substitutes for each ofthe major industrial use 

### sectors.

In developing the March 18, 1994 final SNAP rule (59 FR 13044), EPA identified HFC-134a as a potential replacement for CFC-12. It is manufactured by several companies worldwide. In the March 18, 1994final rule, EPA found HFC-134a to be an acceptable substitute for CFC-12 in a variety ofend-uses.

OZ Technology, Inc. submitted Hydrocarbon Blend B, or HC-12a, as a CFC-12 substitute in avariety ofenduses on July 19, 1994. In the June 13, 1995 final SNAP rule (60 FR 31092), EPA found the use ofHydrocarbon Blend B unacceptable as a substitute for 

### CFC-12 in allend-uses other than industrial process refrigeration. This determination was based on a lack of adequate data demonstrating that HC12a could be used safely in these enduses. In addition, numerous other acceptable alternatives exist. 

### 51018 Federal Register / Vol. 61,

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