Federal Register / Vol. 62, No. 54 / Thursday, March 20, 1997 / Rules and Regulations 13331

Dated: February 27, 1997.

U. Gale Hutton,

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 CC—Nebraska

2. Section 52.1420 is amended by

adding paragraph (c)(45) to read as

follows:

§ 52.1420 Identification of plan.

* * * * *

(c) * * *

(45) A revision to the Nebraska SIP to

reduce lead emissions in the Omaha

lead nonattainment area sufficient to

bring that area back into attainment

with the lead National Ambient Air

Quality Standard.

(i) Incorporation by reference.

(A) Amended Complaint and

Compliance Order Case No. 1520,

signed June 6, 1996, except for

paragraph 19 and accompanying work

practice manual in Appendix A.

(ii) Additional material.

(A) Supplemental document entitled,

‘‘Methods for Determining Compliance’’

submitted by the state to provide

additional detail regarding the

compliance methods for this Order.

[FR Doc. 97–7097 Filed 3–19–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[WA59–7134a; FRL–5708-3]

Approval and Promulgation of

Implementation Plans: Washington

State

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: The Environmental Protection

Agency (EPA) is approving in part

several minor revisions to the State of

Washington Implementation Plan (SIP)

and, at the same time, taking no action

on one section of this revision which is

unrelated to the purpose of the SIP.

Pursuant to section 110(a) of the Clean

Air Act (CAA), the Director of the

Washington Department of Ecology

(WDOE) submitted a request to EPA

dated August 6, 1996 to revise certain

regulations of a local air pollution

control agency, namely, the Puget

Sound Air Pollution Control Agency

(PSAPCA).

DATES: This action is effective on May

19, 1997 unless adverse or critical

comments are received by April 21,

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, 1200 Sixth Avenue, Seattle,

Washington 98101. Copies of the SIP

revision request and other information

supporting this action are available for

inspection during normal business

hours at the following locations: EPA,

Office of Air Quality (OAQ-107), 1200

Sixth Avenue, Seattle, Washington

98101; and Washington State

Department of Ecology, 300 Desmond

Drive, Lacey, Washington 98504.

FOR FURTHER INFORMATION CONTACT:

Montel Livingston, Office of Air

Quality, EPA, (206) 553-0180.

SUPPLEMENTARY INFORMATION:

I. Background

The August 6, 1996 submittal from

WDOE consisted of minor amendments

to PSAPCA Regulations I, II, and III. No

action will be taken on Regulation I

because it is unrelated to the purpose of

the SIP and unassociated with criteria

pollutants regulated under the SIP.

Regulation II, section 3.11, Coatings

and Ink Manufacturing, is amended to

maintain the stringency of the current

standard, while allowing those

operations consisting solely of

manufacturing low vapor pressure

coatings and inks to be exempt from

regulation. Manufacturers of low vapor

pressure coatings and inks contribute an

insignificant quantity of air pollutants to

the environment. This will have no

adverse impact upon air quality and is

approved as such. The amendments to

Regulation II were adopted by PSAPCA

on April 11, 1996 and became effective

on May 16, 1996.

Regulation III is being amended to

provide the regulated community with a

simpler, more concise chromium

electroplating and anodizing regulation

while incorporating the federal National

Emission Standards for Hazardous Air

Pollutants (NESHAP) requirements.

This amendment revises the format of

the emission limit regulation and

specifies operating and maintainance

procedures, monitoring, recordkeeping,

and reporting for chromium

electroplating and anodizing facilities.

The amendments to Regulation III were

adopted by PSAPCA on June 13, 1996

and became effective on July 18, 1996.

The PSAPCA amendments submitted

by WDOE as SIP revisions are local air

pollution regulations which are at least

as stringent as the statewide rules of

WDOE. EPA has determined that these

minor SIP revisions comply with all

applicable requirements of the Clean Air

Act Amendments of 1990.

II. Summary of Today’s Action

EPA is, by today’s action, approving

the following revisions submitted by

WDOE on August 6, 1996 as

amendments to the regulations of

PSAPCA and for inclusion into the SIP:

Regulation II, Section 3.11, Coatings and

Ink Manufacturing.

Regulation III, section 3.01, Hard and

Decorative Chromium Electroplating

and Chromium Anodizing.

EPA is taking no action on Regulation

I, section 3.03, General Regulatory

Orders, because it is unrelated to the

purpose of the SIP and unassociated

with criteria pollutants regulated under

the SIP.

The EPA is publishing this action

without prior proposal because the

Agency views this as noncontroversial

amendments and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revisions should

adverse or critical comments be filed.

This action will be effective May 19,

1997 unless, by April 21, 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 19, 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.
13332 Federal Register / Vol. 62, No. 54 / Thursday, March 20, 1997 / Rules and Regulations

III. 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

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 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 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 May 19, 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, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Ozone, Particulate matter, Reporting

and recordkeeping requirements,

Volatile organic compounds.

Note: Incorporation by reference of the

Implementation Plan for the State of

Washington was approved by the Director of

the Office of Federal Register on July 1, 1982.

Dated: February 24, 1997.

Chuck Clarke,

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 WW—Washington

2. Section 52.2470 is amended by

adding paragraph (c) (71) to read as

follows:

§ 52.2470 Identification of plan.

* * * * *

(c) * * *

(71) On March 6, 1996, the Director of

the Washington State Department of

Ecology (Ecology) submitted to the

Regional Administrator of EPA a

revision to the Puget Sound Air

Pollution Control Agency Regulations,

Regulations I, II, and III.

(i) Incorporation by reference.

(A) Letter dated August 6, 1996 from

the Department of Ecology to EPA

revising the Puget Sound Air Pollution

Control Agency Regulations; Regulation

II Section 3.11 (Coatings and Ink

Manufacturing), effective on May 16,

1996; and Regulation III Section 3.01

(Hard and Decorative Chromium

Electroplating and Chromium

Anodizing), effective on July 18, 1996.

[FR Doc. 97–7098 Filed 3–19–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[CO–001–0015a; FRL–5700–3]

Clean Air Act Approval and

Promulgation of State Implementation

Plan; Colorado; Prevention of

Significant Deterioration; Designation

of Areas for Air Quality Planning

Purposes

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: In this document, EPA is

approving revisions to Colorado’s

prevention of significant deterioration

(PSD) permitting requirements in

Regulation No. 3, which were submitted

as revisions to the State Implementation

Plan (SIP) by the Governor on August 1,

1996. The revisions were submitted

mainly to address the replacement of

the total suspended particulate (TSP)

increments with increments for

particulate matter with an aerodynamic

diameter less than or equal to a nominal

ten micrometers (PM–10). EPA is also

deleting the TSP area designation table

and revising the PM–10 area designation

table in 40 CFR part 81 for Colorado.

With the PM–10 increments becoming