15402 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

(g) Payment for additional hours. (1)

If an individual, without fault on his or

her part, performs work-study services

for which payment may not be

authorized, including services

performed after termination of the

contract, VA will pay the individual at

the applicable hourly minimum wage

for such services as the Director of the

VA field station of jurisdiction

determines were satisfactorily

performed.

(2) The Director of the VA field

station of jurisdiction shall determine

whether the individual was without

fault. In making this decision he or she

shall consider all evidence of record and

any additional evidence which the

individual wishes to submit.

(Authority: 38 U.S.C. 3485(e); Pub. L. 102–

16)

[FR Doc. 97–8140 Filed 3–31–97; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[WI73–01–7302(b); FRL–5691–7]

Approval of Section 112(l) Program of

Delegation; Wisconsin

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving, through a

‘‘direct final’’ procedure, Wisconsin’s

request for delegation of the Federal air

toxics program contained within 40 CFR

Parts 61 and 63 pursuant to Section

112(l) of the Clean Air Act (CAA) as

amended. The State’s requested

mechanism of delegation involves either

the delegation of all existing and future

Section 112 standards as federally

promulgated, for promulgation as State

standards (or rules), or to incorporate

Federal standards into State air

pollution control permits, reserving the

right to promulgate the standards as a

State rule at a later time. The actual

delegation of authority will occur

through a memorandum of agreement

(MOA) between the Wisconsin

Department of Natural Resources

(WDNR) and EPA. This request for

approval of the mechanism of

delegation encompasses all sources not

covered by the 40 CFR Part 70 operating

permit program.

DATES: This action will become effective

June 2, 1997, unless adverse or critical

comments not previously addressed by

the State or EPA are received by May 1,

1997. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Copies of the State’s

submittal and other supporting

information used in developing the

approval are available for inspection

during normal business hours at the

following location: EPA Region 5, 77

West Jackson Boulevard, AR–18J,

Chicago, Illinois, 60604. Please contact

Constantine Blathras at (312) 886–0671

to arrange a time if inspection of the

submittal is desired.

Effective immediately, all

notifications, reports and other

correspondence required under Section

112 standards should be sent to the

State of Wisconsin rather than to the

EPA, Region 5, in Chicago. Affected

sources should send this information to:

Bureau of Air Management, Wisconsin

Department of Natural Resources, 101 South

Webster Street, P.O. Box 7921, Madison,

Wisconsin 53707.

FOR FURTHER INFORMATION CONTACT:

Constantine Blathras, AR–18J, 77 West

Jackson Boulevard, Chicago, Illinois,

60604, (312) 886–0671.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

Section 112(l) of the CAA enables the

EPA to approve State air toxics

programs or rules to operate in place of

the Federal air toxics program. The

Federal air toxics program implements

the requirements found in Section 112

of the CAA pertaining to the regulation

of hazardous air pollutants. Approval of

an air toxics program is granted by the

EPA if the Agency finds that the State

program: (1) Is ‘‘no less stringent’’ than

the corresponding Federal program or

rule, (2) the State has adequate authority

and resources to implement the

program, (3) the schedule for

implementation and compliance is

sufficiently expeditious, and (4) the

program is otherwise in compliance

with Federal guidance. Once approval is

granted, the air toxics program can be

implemented and enforced by State or

local agencies, as well as EPA.

Implementation by local agencies is

dependent upon appropriate

subdelegation.

On December 22, 1995, Wisconsin

submitted to EPA a request for

delegation of authority to implement

and enforce the air toxics program

under Section 112 of the CAA. On

March 28, 1996, EPA found the State’s

submittal complete. In this document

EPA is taking final action to approve the

program of delegation for Wisconsin.

II. Review of State Submittal

A. Program Summary

Requirements for approval, specified

in Section 112(l)(5), require that a

State’s program contain adequate

authorities, adequate resources for

implementation, and an expeditious

compliance schedule. These

requirements are also requirements for

an adequate operating permits program

under Part 70 (40 CFR 70.4). EPA

promulgated a final interim approval

under Part 70 of the State of Wisconsin’s

Operating Permit Program on March 6,

1995 (60 FR 12128–12137). The notice

included the approval of a mechanism

for delegation of all Section 112

standards for sources subject to the Part

70 program. Sources subject to the Part

70 program are those sources that are

operating pursuant to a Part 70 permit

issued by the State or EPA. Sources not

subject to the Part 70 program are those

sources that are not required to obtain

a Part 70 permit from either the State or

EPA. This action supplements the Part

70 rulemaking in that Wisconsin will

have the authority to implement and

enforce the Section 112 air toxics

program regardless of a source’s Part 70

applicability. The Wisconsin program of

delegation for sources not subject to Part

70 will not include delegation of

Section 112(r) authority nor Section

112(i)(5) Early Reductions Program

authority.

As stated above, this document

constitutes EPA’s approval of

Wisconsin’s program of delegation of all

existing and future air toxics standards,

except for Section 112(i)(5) and Section

112(r) standards as they pertain to nonPart 70 sources. The Wisconsin program

of delegation will operate as follows:

For a future Section 112 standard for

which WDNR intends to accept straight

delegation, EPA will delegate the

authority to implement a Section 112

standard to the State by letter unless

WDNR notifies EPA differently within

45 days of EPA final promulgation of

the standard. WDNR will as

expeditiously as practicable and, if

possible, within 18 months of the

promulgation by EPA of a Section 112

standard which is applicable to non-Part

70 sources, adopt such standard into the

State air quality regulations. Upon

completion of such regulatory action,

WDNR will submit to EPA proof of

adoption. EPA shall respond with a

letter delegating enforcement authority

to the WDNR with respect to the

adopted standard.

For a source category for which

Wiconsin wishes to adopt its own rules,

WDNR shall submit for approval to EPA

State rules varying from the Federal
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15403

standard, as expeditiously as

practicable, and if possible within 18

months of promulgation by EPA of a

Section 12 standard applicable to nonPart 70 sources. EPA will review such

rules for approvability pursuant to

Section 112(l) and will rulemake on

them.

Wisconsin will assume responsibility

for the timely implementation and

enforcement required by the standard,

as well as any further activities agreed

to by WDNR and EPA. However, EPA at

all times retains its authority to enforce

all provisions of Section 112 standards

and requirements. Further, until WDNR

obtains the authority necessary to

enforce Section 112 standards, EPA

shall initiate enforcement action when

enforcement is in the best interest of the

State, the general public, or EPA, or

when delayed enforcement would

impose an undue level of risk on the

general public and/or the environment.

Some activities necessary for effective

implementation of the standard include

receipt of initial notifications,

recordkeeping, reporting and generally

assuring that sources subject to the

standard are aware of its existence.

When deemed appropriate, WDNR will

utilize the resources of its Small

Business Assistance Program to assist in

general program implementation. The

details of this delegation mechanism are

set forth in a memorandum of agreement

between EPA and WDNR, copies of

which are located in the docket

associated with this rulemaking.

B. Criteria for Approval

On November 26, 1993, EPA

promulgated regulations to provide

guidance relating to the approval of

State programs under Section 112(l) of

the CAA, (40 FR 62262). That

rulemaking outlined the requirements of

approval with respect to various

delegation options. The requirements

for approval of a program to implement

and enforce Federal Section 112 rules as

promulgated without changes are found

at 40 CFR 63.91. The specific elements

required for approval in Section 63.91

were promulgated to address the

procedures required for approval

pursuant to Section 112(l)(5) of the

CAA. Any request for approval must

meet all Section 112(l) approval criteria,

as well as all approval criteria of Section

63.91. A more detailed analysis of the

State’s submittal pursuant to Section

63.91 is contained in the Technical

Support Document included in the

official file of this rulemaking.

Under Section 112(l) of the CAA,

approval of a State program is granted

by the EPA if the Agency finds that it:

(1) is ‘‘no less stringent’’ than the

corresponding Federal program, (2) that

the State has adequate authority and

resources to implement the program, (3)

the schedule for implementation and

compliance is sufficiently expeditious,

and (4) the program is otherwise in

compliance with Federal guidance.

C. Analysis

EPA is approving Wisconsin’s

‘mechanism of delegation’ because the

State’s submittal meets all requirements

necessary for approval under Section

112(l). The first requirement is that the

program be no less stringent than the

Federal program. The Wisconsin

program is no less stringent than the

corresponding Federal program or rule

because the State has requested either

(1) delegation of standards unchanged

from the Federal standards and adopting

such standards into the State air quality

regulations, or (2) that WDNR shall

submit for approval to EPA, State rules

varying from the Federal standard. EPA

will review such rules for approvability

pursuant to Section 112(l) and will

rulemake on them.

Second, the State has shown that it

has adequate authority and resources to

implement the program. Wisconsin’s

State Statutes authorize the WDNR to

issue construction and operating

permits to Part 70 and non-Part 70

sources of regulated pollutants to assure

compliance with all applicable

requirements of the CAA. The authority

to issue permits includes the authority

to incorporate permit conditions that

implement Federal Section 112

standards. Furthermore, Wisconsin has

the authority to implement each Section

112 regulation, emission standard or

requirement (regardless of Part 70

applicability), perform inspections,

request compliance information,

incorporate requirements into permits,

and bring civil and criminal

enforcement actions to recover penalties

and fines. Finally, Wisconsin has the

authority to enforce each Section 112

regulation, emission standard or

requirement applicable to non-Part 70

sources upon incorporation into the

State code of regulations. WDNR will

enforce Section 112 standards

applicable to Part 70 sources by

including such Section 112 standards in

State operating permits when they are

issued or updated. Adequate resources

will be obtained through Section 105

grant monies awarded to States by EPA

and through any monies from the State’s

Title V program that can be used to fund

acceptable Title V activities with respect

to these non-Part 70 sources.

Third, upon promulgation of a

standard, Wisconsin will immediately

begin activities necessary for timely

implementation of the standard. These

activities will involve identifying

sources subject to the applicable

requirement and notifying these sources

of the applicable requirement. Such

schedule is sufficiently expeditious for

approval.

Fourth, nothing in the Wisconsin

program for delegation is contrary to

Federal guidance.

D. Determinations

In approving this delegation, EPA

expects that the State will obtain

concurrence from EPA on any matter

involving the interpretation of Section

112 of the Clean Air Act or 40 CFR Part

63 to the extent that implementation,

administration, or enforcement of these

sections have not been covered by EPA

determinations or guidance.

III. Final Action

The EPA is promulgating final

approval of the December 22, 1995,

request by the State of Wisconsin for

delegation of Section 112 standards

because the request meets all

requirements of 40 CFR 63.91 and

Section 112(l) of the CAA. Upon the

effective date of this document, all

existing section 112 standards which

have been adopted unchanged in to the

State rules are automatically delegated

to the State of Wisconsin. Future

delegation of the Section 112 standards

to the State will occur according to the

procedures outlined in the MOA upon

EPA’s promulgation of the standard.

Effective immediately, all

notifications, reports and other

correspondence required under Section

112 standards should be sent to the

State of Wisconsin rather than to the

EPA, Region 5, in Chicago. Affected

sources should send this information to:

Bureau of Air Management, Wisconsin

Department of Natural Resources, 101

South Webster Street, P.O. Box 7921,

Madison, Wisconsin 53707.

EPA is publishing this action without

prior proposal because EPA views this

action as a noncontroversial revision

and anticipates no adverse comments.

However, the rulemaking will not be

deemed final if timely unaddressed

adverse or critical comments are filed.

The ‘‘direct final’’ approval shall be

effective on June 2, 1997, unless EPA

receives such adverse or critical

comments by May 1, 1997. EPA is now

soliciting public comments on this

action. Any parties interested in

commenting on this action should do so

at this time. In the proposed rules

section of this Federal Register, EPA is

publishing a separate document which

constitutes a ‘‘proposed approval’’ of the

requested delegation. If EPA receives
15404 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

timely comments adverse to or critical

of the approval discussed above, which

have not been addressed by the State or

EPA, EPA will publish a Federal

Register document which withdraws

this final action. All public comments

received will then be addressed in a

subsequent rulemaking document based

on the proposed approval. 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.

Copies of the State’s submittal and

other information relied upon for the

final approval are contained in a

rulemaking file maintained at the EPA

Regional Office. The file is an organized

and complete record of all the

information submitted to, or otherwise

considered by, EPA in the development

of this final approval. The file is

available for public inspection at the

location listed under the ADDRESSES

section of this document.

Nothing in this action should be

construed as permitting, allowing or

establishing a precedent for any future

request for revision to the State’s

delegated air toxics program. EPA shall

consider each request for revision to the

State’s delegated air toxics program in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

This action has been classified as a

Table 3 action by the Regional

Administrator under the procedures

published in the Federal Register on

January 19, 1989 (54 FR 2214–2225), as

revised by an October 4, 1993

memorandum from Michael H. Shapiro,

Acting Assistant Administrator for Air

and Radiation. The Office of

Management and Budget exempted this

regulatory action from Executive Order

12866 review.

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.

Delegation of the Section 112

standards unchanged from the Federal

standard does not create any new

requirements, but simply allows the

State to administer requirements that

have been or will be separately

promulgated. Therefore, because this

delegation approval does not impose

any new requirements, I certify that it

does not have a significant impact on

any small entities affected.

Under Sections 202, 203 and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘Unfunded Mandates Act’’),

signed into law on March 22, 1995, EPA

must undertake various actions in

association with proposed or final rules

that include a Federal mandate that may

result in estimated costs of $100 million

or more to the private sector, or to State,

local, or tribal governments in the

aggregate.

EPA has determined that the approval

action promulgated today does not

constitute 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. The State voluntarily

requested this delegation under Section

112(l) for the purpose of implementing

and enforcing the air toxics program

with respect to sources not covered by

Part 70. The delegation imposes no new

Federal requirements. Since the State

was not required by law to seek

delegation, this Federal action does not

impose a mandate on the State.

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 June 2, 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).)

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 this rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

Environmental Protection,

Administrative practice and procedure,

Air pollution control, Hazardous

substances, Intergovernmental relations.

Authority: 42 U.S.C. 7401, et seq.

Dated: February 7, 1997.

Michelle D. Jordan,

Acting Regional Administrator.

[FR Doc. 97–8183 Filed 3–31–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 63

[IN74–1(a); FRL–5687–8]

Approval of Section 112(l) Program of

Delegation; Indiana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving, through a

‘‘direct final’’ procedure, a request for

delegation of the Federal air toxics

program contained within 40 CFR Parts

61 and 63 pursuant to section 112(l) of

the Clean Air Act (CAA) of 1990. The

State’s mechanism of delegation

involves State rule adoption of all

existing and future section 112

standards unchanged from the Federal

standards. The actual delegation of

authority of individual standards will be

in the form of a letter from EPA to the

Indiana Department of Environmental

Management (IDEM). This request for

approval of a mechanism of delegation

encompasses all sources not covered by

the Part 70 program.

DATES: This action will become effective

June 2, 1997, unless adverse or critical

comments not previously addressed by

the State or EPA are received by May 1,

1997. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Copies of the State’s

submittal and other supporting

information used in developing the

approval are available for inspection

during normal business hours at the

following location: EPA Region 5, 77

West Jackson Boulevard, AR–18J,

Chicago, Illinois, 60604.

Please contact Sam Portanova at (312)

886–3189 to arrange a time if inspection

of the submittal is desired.

FOR FURTHER INFORMATION CONTACT: Sam

Portanova, AR–18J, 77 West Jackson

Boulevard, Chicago, Illinois, 60604,

(312) 886–3189.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

Section 112(l) of the CAA enables the

EPA to approve State air toxics

programs or rules to operate in place of

the Federal air toxics program. The

Federal air toxics program implements

the requirements found in section 112 of

the CAA pertaining to the regulation of

hazardous air pollutants. Approval of an