Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations 10455

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart H—Educational Assistance

Test Program

1. The authority citation for part 21,

subpart H, continues to read as follows:

Authority: 10 U.S.C. Ch. 107; 38 U.S.C.

501(a), 3695, 5101,5113,5303A; 42 U.S.C.

2000; Sec. 901, Pub. L. 96–342 94 stat. 1111–

1114.

§ 21.5820 [Amended]

2. In § 21.5820, paragraph (b)(1) is

amended by removing ‘‘1995–96’’ and

adding, in its place, ‘‘1996–97’’, and by

removing ‘‘$2,761’’ and adding, in its

place, ‘‘$2,927’’; paragraph (b)(2)(ii)

introductory text is amended by

removing ‘‘1995–96’’ and adding, in its

place, ‘‘1996–97’’; paragraph (b)(2)(ii)(A)

is amended by removing ‘‘$306.78’’ and

adding, in its place, ‘‘$325.22’’, and by

removing ‘‘$153.39’’ and adding, in its

place, ‘‘$162.61’’; paragraph (b)(2)(ii)(B)

is amended by removing ‘‘$10.23’’ and

adding, in its place, ‘‘$10.84’’, and by

removing ‘‘$5.11’’, and adding, in its

place, ‘‘$5.42’’; paragraph (b)(2)(ii)(C) is

amended by removing ‘‘decreased’’ both

times it appears and adding, in its place,

‘‘increased’’; paragraph (b)(3)(ii)

introductory text is amended by

removing ‘‘1995–96’’ and adding, in its

place, ‘‘1996–97’’; paragraph (b)(3)(ii)(A)

is amended by removing ‘‘$306.78’’ and

adding, in its place, ‘‘$325.22’’, and by

removing ‘‘$153.39’’ and adding, in its

place, ‘‘$162.61’’; paragraph (b)(3)(ii)(B)

is amended by removing ‘‘$10.23’’ and

adding, in its place ‘‘$10.84’’, and by

removing ‘‘$5.11’’ and adding, in its

place, ‘‘$5.42’’; and paragraph

(b)(3)(ii)(C) is amended by removing

‘‘decreased’’ both times it appears and

adding, in its place, ‘‘increased’’.

§ 21.5822 [Amended]

3. In § 21.5822, paragraph (b)(1)(i) is

amended by removing ‘‘$688’’ and

adding, in its place, ‘‘$729’’, and by

removing ‘‘1995–96’’ and adding, in its

place, ‘‘1996–97’’; paragraph (b)(1)(ii) is

amended by removing ‘‘$344’’ and

adding, in its place, ‘‘$364.50’’, and by

removing ‘‘1995–96’’ and adding, in its

place, ‘‘1996–97’’; paragraph (b)(2)(i) is

amended by removing ‘‘1995–96’’ and

adding, in its place, ‘‘1996–97’’, and by

removing ‘‘$688’’ and adding, in its

place, ‘‘$729’’; and paragraph (b)(2)(ii) is

amended by removing ‘‘1995–96’’ and

adding, in its place, ‘‘1996–97’’, and by

removing ‘‘$344’’, and adding, in its

place, ‘‘$364.50’’.

[FR Doc. 97–5579 Filed 3–6–97; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OR59–7274, OR60–7275; FRL–5696–6]

Approval and Promulgation of State

Implementation Plans: Oregon

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: The Environmental Protection

Agency (EPA) approves revisions to the

State of Oregon Implementation Plan for

two source-specific Reasonably

Available Control Technology (RACT)

volatile organic compound (VOC)

emissions standards: Cascade General,

Inc., a ship repair yard in Portland,

Oregon; and, White Consolidated, Inc.

(doing business as Schrock Cabinet Co.),

a wood cabinet manufacturing facility in

Hillsboro, Oregon. These revisions are

required by the Clean Air Act (CAA)

and were submitted to EPA on

November 20, 1996.

DATES: This action is effective on May

6, 1997 unless adverse or critical

comments are received by April 7, 1997.

If the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Written comments should

be addressed to: Montel Livingston, SIP

Manager, Office of Air Quality (OAQ–

107), EPA Region 10, 1200 Sixth

Avenue, Seattle, Washington 98101.

Documents incorporated by reference

are available for public inspection at the

Air and Radiation Docket and

Information Center, EPA, 401 M Street,

SW, Washington, D.C. 20460. Copies of

material submitted to EPA may be

examined during normal business hours

at the following locations: EPA, Office

of Air Quality (OAQ–107), 1200 Sixth

Avenue, Seattle, Washington 98101, and

the Oregon Department of

Environmental Quality, 811 S.W. Sixth

Avenue, Portland, Oregon 97204–1390.

FOR FURTHER INFORMATION CONTACT:

Denise Baker, Office of Air Quality

(OAQ–107), EPA Region 10, Seattle,

Washington, (206) 553–8087.

SUPPLEMENTARY INFORMATION:

I. Background

Section 172(a)(2) and (b)(3) of the

CAA, as amended in 1977 (1977 Act),

required sources of VOC to install, at a

minimum, RACT in order to reduce

emissions of this pollutant. EPA has

defined RACT as the lowest emission

limit that a particular source is capable

of meeting by the application of control

technology that is reasonably available,

considering technological and economic

feasibility (44 FR 53761, September 17,

1979). EPA has developed Control

Technology Guidelines (CTGs) for the

purpose of informing State and local air

pollution control agencies of air

pollution control techniques available

for reducing emissions of VOC from

various categories of sources. Each CTG

contains recommendations to the States

of what EPA calls the ‘‘presumptive

norm’’ for RACT. This general statement

of agency policy is based on EPA’s

evaluation of the capabilities of, and

problems associated with, control

technologies currently used by facilities

within individual source categories.

EPA has recommended that the States

adopt requirements consistent with the

presumptive norm level.

On March 3, 1978, the entire

Portland-Vancouver Interstate Air

Quality Maintenance Area was

designated by EPA as a non-attainment

area for ozone. The Portland-Vancouver

Interstate Air Quality Maintenance Area

contains the urbanized portions of three

counties in Oregon (Clackamas,

Multnomah, and Washington) and one

county (Clark) in the State of

Washington.

The 1977 Act required States to

submit plans to demonstrate how they

would attain and maintain compliance

with national ambient air standards for

those areas designated non-attainment.

The 1977 Act further required these

plans to demonstrate compliance with

primary standards no later than

December 31, 1982. An extension up to

December 31, 1987, was possible if the

State could demonstrate that, despite

implementation of all reasonably

available control measures, the

December 31, 1982, date could not be

met.

On October 7, 1982, EPA approved

the Portland-Vancouver area ozone

attainment plan, including an extension

of the attainment date to December 31,

1987 (47 FR 44262).

On June 15, 1988, pursuant to Section

110(a)(2)(H) of the pre-amended CAA,

former EPA Regional Administrator

Robie Russell notified the State of

Oregon by letter that the State

Implementation Plan (SIP) for the

Portland-Vancouver area was

substantially inadequate to provide for

timely attainment of the National

Ambient Air Quality Standards

(NAAQS). In that letter, EPA identified

specific actions needed to correct

deficiencies in State regulations

representing RACT for sources of VOC.

Further, the CAA, as amended in 1990

(amended Act), also requires States to

correct deficiencies. In amended Section

182(a)(2)(A), Congress statutorily
10456 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations

adopted the requirement that ozone

non-attainment areas fix their deficient

RACT rules for ozone. Areas designated

non-attainment before the effective date

of the amendments, and which retained

that designation and were classified as

marginal or above as of the effective

date, are required to meet the RACT fixup requirement. Under Section

182(a)(2)(A), States with such nonattainment areas were mandated to

correct their RACT requirements by May

15, 1991. The corrected requirements

were to be in compliance with Section

172(b), as it existed before the

amendments, and as that section was

interpreted in the pre-amendment

guidance. The SIP call letter interpreted

that guidance and indicated corrections

necessary for specific non-attainment

areas. The Portland part of the PortlandVancouver non-attainment area is

classified as marginal. Therefore, this

area is subject to the RACT fix-up

requirement and the May 15, 1991,

deadline.

On May 15, 1991, the State of Oregon

submitted Oregon Administrative Rules

(OAR) 340–22–100 through 340–22–

220, General Emission Standards for

Volatile Organic Compounds, as an

amendment to the Oregon SIP. On

September 29, 1993, EPA approved

these revisions to the Oregon SIP (58 FR

50848). Part of these amended rules

included a requirement for RACT for

non-CTG sources.

On November 20, 1996, the State of

Oregon submitted to EPA sourcespecific RACT VOC emissions standards

for Cascade General, Inc., a ship repair

yard in Portland, Oregon; and, White

Consolidated, Inc. (doing business as

Schrock Cabinet Co.), a wood cabinet

manufacturing facility in Hillsboro,

Oregon.

The RACT determination for Cascade

General modifies their existing permit to

contain surface coating performance

standards and special conditions for

solvent clean-up operations. The permit

now provides specific limits for VOC

emissions from five different coating

types used in ship painting operations

(refer to condition 19, Page 2 of 3, of

addendum #2 to operating permit #26–

3224, issued by the Oregon Department

of Environmental Quality).

White Consolidated’s RACT

determination places limits on the VOC

content of coatings used in the finishing

steps of wood cabinet production and

VOC handling methods used in solvent

related cleaning. (For more specific

information, see conditions 11, 12, and

13, Pages 5 and 6, of addendum #2 to

operating permit #34–2060, issued by

the Oregon Department of

Environmental Quality.)

This Federal Register document

approves the rule revision as an

amendment to the Oregon SIP.

II. This Action

EPA is approving the revision to the

State of Oregon Implementation Plan

submitted on November 20, 1996, as an

amendment. The RACT determinations

for Cascade General, Inc., and White

Consolidated, Inc., meet all of the

applicable requirements of the Act as

determined by EPA.

EPA is not approving the entire

permit, but only the conditions

necessary for implementation and

enforcement of the RACT requirement

in OAR 340–22–104(5), (6), and (7).

Since the RACT requirements are

contained in the approved SIP, the

source specific RACT limits will remain

in effect, even if the Oregon permit

expires as a matter of State law.

The 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, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective May 6, 1997

unless by April 7, 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 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 May 6, 1997.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

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.

III. Administrative Review

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

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

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 CAA 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, 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. E.P.A., 427 U.S.

246, 256–66 (S.Ct. 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
Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations 10457

1Other provisions in the May 20, 1988, submittal

regarding commitments for Group II PM10 areas and

emergency episode plans were acted on in a

February 23, 1993, Federal Register (58 FR 10972).

2 Additional provisions regarding the MedfordAshland and Grants Pass PM10 industrial rules

Continued

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 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. section 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 May 6, 1997.

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 may 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), 42 U.S.C. 7607(b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Note: Incorporation by reference of the

Implementation Plan for the State of Oregon

was approved by the Director of the Office of

Federal Register on July 1, 1982.

Dated: February 21, 1997.

Jane S. Moore,

Acting Regional Administrator.

Part 52, 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 MM—Oregon

2. Section 52.1970 is amended by

adding paragraph (c) (117) to read as

follows:

§ 52.1970 Identification of plan.

* * * * *

(c) * * *

(117) On November 20, 1996, the

Director of the Oregon Department of

Environmental Quality (ODEQ)

submitted source-specific Reasonably

Available Control Technology (RACT)

determinations to EPA as SIP revisions

for VOC emissions standards.

(i) Incorporation by reference.

(A) Two letters dated November 20,

1995, from Director of the Oregon

Department of Environmental Quality

(ODEQ) submitting SIP revisions for

RACT determinations for VOC

emissions for: Cascade General, Inc., a

ship repair yard in Portland, Oregon,

Permit No. 26–3224 (issued to the Port

of Portland), dated October 4, 1995; and,

White Consolidated, Inc. (doing

business as Schrock Cabinet Co.), a

wood cabinet manufacturing facility in

Hillsboro, Oregon, Permit No. 34–2060,

dated August 1, 1995.

[FR Doc. 97–5644 Filed 3–6–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[OR64–7279a, OR36–1–6298a, OR46–1–

6802a; FRL–5696–8]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes; Oregon

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The Environmental Protection

Agency (EPA) approves numerous

amendments to the Oregon Department

of Environmental Quality’s (ODEQ’s)

rules for stationary sources, including

new source review and prevention of

significant deterioration rules, as

revisions to the Oregon State

Implementation Plan (SIP). These

revisions were submitted by the Director

of the ODEQ on May 20, 1988, January

20, 1989, September 14, 1989, October

13, 1989, November 15, 1991, August

26, 1992, November 16, 1992, May 28,

1993, November 15, 1993, December 14,

1993, November 14, 1994, June 1, 1995,

September 27, 1995, October 8, 1996,

and January 22, 1997, in accordance

with the requirements of section 110,

Part C, and Part D of the Clean Air Act

(hereinafter the Act). EPA is also

removing the listings for total

suspended particulates nonattainment

areas in 40 CFR Part 81.

DATES: This action is effective on May

6, 1997 unless adverse or critical

comments are received by April 7, 1997.

If the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Written comments should

be addressed to: Montel Livingston, SIP

Manager, Office of Air Quality (OAQ–

107), U.S. Environmental Protection

Agency, 1200 Sixth Avenue, Seattle,

Washington 98101.

Documents which are incorporated by

reference are available for public

inspection at the Air and Radiation

Docket and Information Center,

Environmental Protection Agency, 401

M Street, SW, Washington, D.C. 20460.

Copies of material submitted to EPA

may be examined during normal

business hours at the following

locations: EPA, Region 10, Office of Air

Quality, 1200 Sixth Avenue, Seattle,

Washington 98101, and Oregon

Department of Environmental Quality,

811 S.W. Sixth Avenue, Portland,

Oregon 97204.

FOR FURTHER INFORMATION CONTACT:

David C. Bray, Office of Air Quality

(OAQ–107), EPA, Region 10, Seattle,

Washington 98101, (206) 553–4253.

SUPPLEMENTARY INFORMATION:

I. Background

On July 1, 1987 (52 FR 24672), in

conjunction with the revision to the

national ambient air quality standards

(NAAQS) for particulate matter (PM10),

EPA revised the requirements for state

implementation plans. These revisions

included changes to the requirements

for new source review (NSR) and

prevention of significant deterioration

(PSD) permitting programs. In response

to these new requirements, on May 20,

1988, the Director of the Oregon

Department of Environmental Quality

(ODEQ) submitted amendments to

Oregon’s state ambient air quality

standards (including its standards for

particulate matter), new source review

(NSR), and prevention of significant

deterioration (PSD) rules.1 Further

amendments to the NSR rules

applicable to specific areas which

violated the new PM10 standards were

submitted on September 14, 1989, and

October 13, 1989,2 and additional