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 or prices 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 of the United States-based

enterprises to compete with foreignbased enterprises in domestic and

export markets.

This final rule is effective 30 days

after publication.

Regulatory Flexibility Act

The Regulatory Flexibility Act (Pub.

L. 96-354) requires the Federal

Government to anticipate and reduce

the impact of rules and paperwork

requirements on small businesses and

other small entities. This rule has no

significant effect on a substantial

number of small entities. The Final Rule

removes duplicative regulations

governing the H-1A, D-1, H-1B and F1 temporary nonimmigrant programs

from title 29 of the 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 of the regulated

public. Thus, the Final rule does not

have a significant economic impact on

a substantial number of small 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 of Management

and Budget (OMB) under the Paperwork

Reduction Act of 1980 (44 U.S.C. 3500

et seq.).

List of Subjects

29 CFR Part 504

Administrative practice and

procedure, Aliens, Employment,

Enforcement, Health professions, Labor,

Nurse, Penalties, Registered nurse,

Reporting and recordkeeping

requirements, Wages.

29 CFR Part 506

Administrative practice and

procedure, Aliens, Crewmembers,

Employment, Enforcement,

Immigration, Labor, Longshore work,

Penalties, Reporting and recordkeeping

requirements.

29 CFR Part 507

Administrative practice and

procedure, Aliens, Employment,

Enforcement, Fashion models,

Immigration, Labor, Penalties, Reporting

and recordkeeping requirements,

Specialty occupations, Wages, Working

conditions.

29 CFR Part 508

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,

Secretary of Labor.

For the reasons set forth in the

preamble, 29 CFR chapter V is amended

as set forth below:

1. Part 504 is revised to read as

follows:

PART 504-ATTESTATIONS BY

FACILITIES USING NONIMMIGRANT

ALIENS AS REGISTERED NURSES

Authority: 8 U.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 by facilities using

nonimmigrant aliens as registered

nurses are found at 20 CFR part 655,

subparts D and E.

2. Part 506 is revised to read as

follows:

PART 506-ATTESTATIONS BY

EMPLOYERS USING ALIEN

CREWMEMBERS FOR LONGSHORE

ACTIVITIES IN U.S. PORTS

Authority: 8 U.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 at 20 CFR part 655, subparts F

and G.

3. Part 507 is revised to read as

follows:

PART 507-LABOR CONDITION

APPLICATIONS AND REQUIREMENTS

FOR EMPLOYERS USING

NONIMMIGRANTS ON H-1 B

SPECIALTY VISAS IN SPECIALTY

OCCUPATIONS AND AS FASHION

MODELS

Authority: 8 U.S.C. 1101 (a)(1 5)(H)(i)(b),

1182(n), and 1184; 29 U.S.C. 49 et seq.; Pub.

L. 102 232, 105 Stat. 1733, 1748 (8 U.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 CFR part

655, subparts H and I.

4. Part 508 is revised to read as

follows:

PART 508-ATTESTATIONS FILED BY

EMPLOYERS UTILIZING F-1

STUDENTS FOR OFF-CAMPUS WORK

Authority: 29 U.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 CFR part

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

40 CFR Part 52

[MT26-7-6874a; FRL-5609-8]

Clean Air Act Approval and

Promulgation of State Implementation

Plan for Montana; Libby Moderate 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 Act requirement

to submit contingency measures for the

Libby moderate PM 1o (particulate matter

with an aerodynamic diameter less than

or equal to a nominal 10 micrometers)

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 of Montana on May 13,

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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 of the 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. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Copies of the 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) of the Act, upon

enactment of the Clean Air Act

Amendments of 1990. See 56 FR 56694

(Nov. 6, 1991); 40 CFR 81.327

(specifying designations 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

(or demonstration that timely

attainment is impracticable), are

described in EPA's final rulemaking for

the Libby moderate PM 10 nonattainment

area SIP (59 FR 44627, August 30, 1994).

The Libby PM10 control measures

targeted re-entrained road dust,

residential wood burning, prescribed

burning, and industrial sources for

reductions in PM 10 emissions to

demonstrate attainment of the PM 10

national ambient air quality standards

(NAAQS). See the August 30, 1994

notice of final 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 of Montana submitted

revisions to the SIP for Libby on March

15, 1995, to address this requirement.

In addition, on May 13, 1996, the

Governor of Montana submitted

revisions to the Lincoln County open

burning rules and other minor revisions

for approval into the SIP.

II. This Action

Section I10(k) of the Act sets out

provisions governing EPA's review of

SIP submittals (see 57 FR 13565-13566).

A. Analysis Requirements for State

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 1 10(a)(2) and 110(1) of the

Act.] EPA also must determine whether

a submittal is complete and therefore

warrants further EPA review and action

[see section 1 10(k)(1) of the Act and 57

FR 13565]. The EPA's completeness

criteria for SIP submittals are set out at

40 CFR part 51, appendix V.

To entertain public comment, the

State of Montana, after providing

adequate notice, held public hearings on

December 16, 1994 to 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 of Health and Environmental

Sciences adopted the Libby PM 10

contingency measures and the revisions

to the Lincoln County open burning

rules. The SIP revisions 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 of the submittals and the

next steps to be taken.

2. PM 10 Contingency Measures

The Clean Air Act requires States

containing PM 10 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. Pursuant to section

172(b), the Administrator has

established a schedule providing that

States containing initial moderate PM1 o

nonattainment areas shall submit SIP

revisions containing contingency

measures no later than November 15,

1993. (See 57 FR 13543, n. 3.)

The General Preamble further

explains that contingency measures for

PM10 should consist of other available

control measures, beyond those

necessary to meet the core moderate

area control requirement to implement

reasonably available control measures

(see sections 172(c)(1) and 189(a)(1)(C)

of the Act). Based on the statutory

structure, EPA believes that contingency

measures must, at a minimum, provide

for continued progress toward the

attainment goal during the interim

period between the determination that

the SIP has failed to achieve RFP or

provide for timely attainment of the

NAAQS and additional formal air

quality planning following the

determination (57 FR 13511).

Section 172(c)(9) of the Act specifies

that contingency measures shall "take

effect * * * without further action by

the State or the [EPA] Administrator."

EPA has interpreted this requirement (in

the General Preamble at 57 FR 13512) to

mean that no further rulemaking

activities by the State or EPA would be

needed to implement the contingency

measures. In general, EPA expects all

actions needed to effect full

implementation of the measures to

occur within 60 days after EPA notifies

the State of its failure to attain the

standard or make RFP. EPA recognizes

that certain actions, such as notification

of sources, modification of permits, etc.,

may be needed before some measures

could be implemented. However, States

must show that their contingency

measures can be implemented with

minimal further administrative action

on their part and with no additional

rulemaking action such as public

hearing or legislative review.

The provisions for selection and

implementation of contingency

measures for the Libby moderate PM10

nonattainment are in Section 75.1.103 of

the Lincoln County Air Pollution

Control Program. The County and State

have targeted three sources of emissions

for potential implementation of

contingency measures: residential wood

combustion, re-entrained road dust, and

industry emissions. The County rule

provides that, within 60 days of

notification by the State or EPA that the

Libby moderate PM 1o nonattainment

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area has failed to attain the PM 1 o

NAAQS or to make RFP, one or more of

three measures will be 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 PM10 filters, 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 of the 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 a permanent contingency

measure has been implemented.

The specific contingency measures

adopted for the Libby moderate PM 10

nonattainment area and their projected

effectiveness are as follows:

a. Residential Wood Burning

Contingency Measure

Section 75.1.206(3) of the local

regulations contains the residential

wood burning contingency measure.

The County rule provides for early

implementation of this contingency

measure if needed, which is acceptable.

If this 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 it has been permitted

by the [Lincoln County Health]

Department as a Class 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 of these types of

solid fuel burning 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).

If the 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 of 5% over

the control efficiency of the residential

wood burning measures in the original

SIP attainment demonstration). The

State also estimates that the annual

control efficiency of the 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 of PM1 0

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) of the County

regulations contains the re-entrained

road dust contingency measure. The

County rule provides for early

implementation of this contingency

measure if needed, which is acceptable.

If this measure is implemented, the

following changes to the existing road

dust control plan (which has been

approved as part of the Libby PM10 SIP)

become effective:

(1) The Area of Road Sanding and

Sweeping will be extended to the

boundaries of the 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 of liquid de-icing agents

(which was not previously required)

will be mandatory on all roads 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) of the County regulation.

The City of Libby and the Department

of Transportation have installed tanks

and converted equipment for the use of

a liquid de-icer instead of sanding

material.

If the re-entrained road dust

contingency measure is implemented,

the State estimates that the control

efficiency of the re-entrained road dust

measures will be 90% in the 24-hour

attainment demonstration (an increase

of 42% over the control efficiency of the

re-entrained road dust measures in the

original SIP attainment demonstration).

The State also estimates that the annual

control efficiency of the re-entrained

road dust contingency measure will be

71% (an increase of 33% over the

original SIP attainment demonstration).

Total reduction from the contingency

measure is calculated to be 7421 pounds

of PM 10 per day and 403 tons of PM 1 o

per year than without the contingency

measure.

c. Stimson Lumber Company

Contingency Measure

Section 75.1.103(2)(c) of the County

regulation states that, if industrial

facility emissions are determined to be

one of the significant contributors to

PM 10 exceedances in the Libby PM 10

nonattainment area, contingency

measures reducing the industrial

facility's emissions shall be initiated by

the State. Implementation of this

contingency measure was retained by

the State because the authority to

regulate sources governed by the

Montana Clean Air Act (MCA), Title 75,

Chapter 2, is not delegable to the local

level. The requirements of this

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 (at least

annually), and water sprays used as

necessary to control dust emissions on

active areas of the 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 of April-June and one

application during the months of

September-November.

(2) The chip sealed portions of the

Plywood Plant access road shall consist

of a double layer of oil 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 of every 2 years, and by

applying a crack sealer (e.g., rubberized

asphalt) as needed. A thorough

evaluation and assessment of the 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 not less

than twice annually with one

application during the months of AprilJune and one application during the

months of September-November.

(4) The facility shall maintain a

written record of all implemented

contingency measures, which shall be

made available to the Montana

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Department of Environmental Quality

upon request.

The stipulation provides that this

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 of the Stimson Lumber

Company contingency measures. While

this contingency measure specifically

controls fugitive dust emissions in the

log yard area and associated roads of

Stimson Lumber Company, the main

problem the State intended to address

with these measures was the amount of

mud and dirt carried out onto the public

roads around the Plywood Plant by

vehicles leaving the facility. However,

the amount of PM10 reductions due to a

reduction in mud and dirt carryout from

Stimson Lumber Company are not

readily quantifiable. The State did not

calculate the emissions reductions due

to these fugitive dust contingency

measures expected on the Stimson

Lumber Company property itself

because they believed the calculations

would not accurately reflect the overall

effectiveness of this 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 as reducing fugitive

dust emissions emitted from the

Stimson Lumber Company property.

Thus, this contingency measure, if

implemented, will provide for

additional emissions reductions in the

Libby PM 10 nonattainment area.

EPA believes the Libby contingency

measures are approvable. The control

measures implemented in the PM 1 o SIP

are projected to achieve more emissions

reductions than needed to demonstrate

attainment of the PM 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 of these contingency

measures.

3. Revisions to Lincoln County's Open

Burning Regulations

The City of Libby and Lincoln County

revised the open burning rules to

address newly adopted provisions to the

State's open burning rules. Specifically,

the Lincoln County open burning rules

were revised to add new provisions

addressing open burning of Christmas

tree waste, for commercial film or video

productions, and for firefighter training.

In addition, the County rules were

revised to add additional requirements

for the issuance of conditional open

burning permits, such as providing

public notice and opportunity for public

hearing. The County also added a

provision stating that it could only issue

a conditional open burning permit if

emissions from the burn would not

endanger public health or cause or

contribute to a violation of the 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 of Health 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 PM 10 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 addressing the 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, et al. (see 57 FR 13541). SIP

provisions also must contain a program

to provide for enforcement of control

measures and other elements in the SIP

[see section 1 10(a)(2)(C)]. EPA believes

the Libby PM 10 contingency measures

and the local regulations meet the SIP

enforceability requirements. For further

details, see the TSD accompanying this

action.

III. Final Action

EPA is approving the PM 1 o

contingency measures and the

recodification of the local regulations

submitted for the Libby moderate PM10

nonattainment area by the 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 by the Governor

of Montana 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 will be effective

November 29, 1996 unless, by October

30, 1996, adverse or critical comments

are received.

If EPA receives such comments, this

action will be withdrawn before the

effective date by publishing 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 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

on November 29, 1996.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to a SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

IV. Administrative Requirements

A. Executive Order 12866

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 E.O. 12866

review.

B. Regulatory Flexibility Act

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 the rule will not have a significant

economic impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, the

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Administrator certifies 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 Act, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The Act

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. EPA, 427 U.S.

246, 255-66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under section 202 of the 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 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, EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the 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 by the 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 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 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).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by November 29,

1996. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule for the purposes of judicial

review nor does it extend the time

within which a petition for judicial

review must be filed, and shall not

postpone the effectiveness of such rule

or action. This action may not be

challenged later in proceedings to

enforce its requirements (see section

307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Particulate matter, Reporting and

recordkeeping requirements.

Dated: August 29, 1996.

Patricia D. Hull,

A ctin g Regional A dm inistrator.

Chapter I, title 40 of the Code of

Federal Regulations is amended as

follows:

PART 52-[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

adding paragraph (c)(44) to read as

follows:

§52.1370 Identification of plan.

(c)* * *

(44) The Governor of Montana

submitted PM 10 contingency measures

and a recodification of the local

regulations for Libby, Montana in a

letter dated March 15, 1995. In addition,

the Governor of Montana submitted

revisions to the local open burning

regulations and other minor

administrative amendments on May 13,

1996.

(i) Incorporation by reference.

(A) Board order issued on December

16, 1994 by the Montana Board of

Health and Environmental Sciences

adopting stipulation of the Montana

Department of Health and

Environmental Sciences and Stimson

Lumber Company.

(B) Board order issued December 16,

1994 by the Montana Board of Health

and Environmental Sciences adopting

the PM 10 contingency measures as part

of the Libby air pollution control

program.

(C) Board order issued on February 1,

1996 by the Montana Board of

Environmental Review approving

amendments to the Libby Air Pollution

Control Program.

(D) Lincoln Board of Commissioners

Resolution No. 377, signed September

27, 1995, and Libby City Council

Ordinance No. 1507, signed November

20, 1995, adopting revisions to the

Lincoln County Air Pollution Control

Program, Sections 75.1.103 through

75.1.719.

(E) Lincoln County Air Pollution

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

40 CFR Part 82

[FRL-5616-9]

Protection of Stratospheric Ozone

AGENCY: Environmental Protection

Agency.

ACTION: Notice of denial of petition.

SUMMARY: This action notifies the public

that the Agency received a petition

pursuant to section 612(d) of the Clean

Air Act, under the Significant New

Alternatives Policy (SNAP) Program,

and that EPA is denying the petition.

SNAP implements section 612 of the

amended Clean Air Act of 1990, which

requires EPA to evaluate substitutes for

ozone-depleting Substances (ODS) and

to regulate the use of substitutes 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 of the 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, 1994 final

rule, EPA found HFC-134a to be an

acceptable substitute for CFC-12 in a

variety of end-uses.

OZ Technology, Inc. submitted

Hydrocarbon Blend B, or HC-12a, as a

CFC-12 substitute in a variety of enduses on July 19, 1994. In the June 13,

1995 final SNAP rule (60 FR 31092),

EPA found the use of Hydrocarbon

Blend B unacceptable as a substitute for

CFC-12 in all end-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,

HeinOnline -- 61 Fed. Reg. 51018 1996