16124 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Proposed Rules

June 21 and 22; July 4, 5 and 6, July 19

and 20, August 2 and 3, August 16 and

17, August 30 and 31 and September 1,

September 13 and 14 and September 27

and 28, 1997. In the event of an

approaching tropical storm or hurricane,

the draws will return to normal

operation within 24 hours.

Dated: March 24, 1997.

T.W. Josiah,

Rear Admiral, U.S. Coast Guard, Commander,

Eighth Coast Guard District.

[FR Doc. 97–8507 Filed 4–3–97; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 70

[AD–FRL–5806–2]

Clean Air Act Proposed Approval of

Amendment to Title V Operating

Permits Program; Pima County

Department of Environmental Quality,

Arizona

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes approval of

the revision to the Operating Permits

Program submitted by the Arizona

Department of Environmental Quality

(‘‘ADEQ’’) on behalf of the Pima County

Department of Environmental Quality

(‘‘Pima’’ or ‘‘County’’) for the purpose of

complying with section 502(b)(3) of the

Clean Air Act (‘‘the Act’’), which

requires that each permitting authority

collect fees sufficient to cover all

reasonable direct and indirect costs

required to develop and administer its

title V operating permits program.

DATES: Comments on this proposed

action must be received in writing by

May 5, 1997.

ADDRESSES: Comments must be

submitted to Ginger Vagenas at EPA,

AIR–3, 75 Hawthorne Street, San

Francisco, CA 94105. Copies of Pima’s

submittal and other supporting

information used in developing this

proposed approval are available for

inspection (AZ–Pima–97–1–OPS)

during normal business hours at the

following location: U.S. Environmental

Protection Agency, Region 9; 75

Hawthorne Street; San Francisco, CA

94105.

FOR FURTHER INFORMATION CONTACT:

Ginger Vagenas (telephone 415–744–

1252), Mail Code AIR–3, U.S.

Environmental Protection Agency, 75

Hawthorne Street, San Francisco, CA

94105.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

As required under title V of the Clean

Air Act as amended (1990), EPA has

promulgated rules that define the

minimum elements of an approvable

state operating permits program and the

corresponding standards and

procedures by which the EPA will

approve, oversee, and withdraw

approval of state operating permits

programs (see 57 FR 32250 (July 21,

1992)). These rules are codified at 40

CFR Part 70. Title V requires states to

develop and submit to EPA, by

November 15, 1993, programs for

issuing these operating permits to all

major stationary sources and to certain

other sources. The EPA’s program

review occurs pursuant to section 502 of

the Act, which outlines criteria for

approval or disapproval.

On November 15, 1993, Pima’s title V

program was submitted. EPA proposed

interim approval of the program on July

13, 1995 (60 FR 36083). The fee

provisions of the program were found to

be fully approvable. On November 14,

1995, in response to changes in state

law, Pima amended its fee provisions

under Chapter 12, Article VI of Title 17

of the Pima County Air Quality Control

Code. Those changes were submitted to

EPA on January 14, 1997, after it

promulgated final interim approval of

Pima’s title V program (61 FR 55910,

October 30, 1996).

II. Proposed Action

EPA is proposing to approve the

submitted amendments to the fee

provisions of Pima’s title V operating

permits program. A description of the

submitted materials and an analysis of

the amendments are included below.

A. Submitted Materials

Pima’s title V program amendment

was submitted by the Arizona DEQ on

January 14, 1997. The submittal

includes the revised fee regulations

(Chapter 12, Article VI of Title 17 of the

Pima County Air Quality Control Code

as amended on November 14, 1995), a

technical support document, and a legal

opinion by the County Attorney.

Additional materials, including proof of

adoption and a commitment to provide

periodic updates to EPA regarding the

status of the fee program, were

submitted on February 26, 1997.

B. Legal Opinion

Section 502(b)(3) of the Act requires

that each permitting authority collect

fees sufficient to cover all reasonable

direct and indirect costs required to

develop and administer its title V

operating permits program. Pima’s

submittal includes an opinion from the

County Attorney regarding the adequacy

of the laws of the State of Arizona and

Pima’s amended title V program. The

County Attorney states:

[I]t is my opinion that the laws of the state

of Arizona provide adequate authority to

carry out all aspects of the amended program

submitted by the Pima County Air Quality

Control District to the EPA. * * *

[T]he Arizona Revised Statutes and Pima

County Code, Title 17, ensure that permit

fees assessed as part of the Title V (Class 1)

permit program will cover all reasonable

direct and indirect costs required to develop,

administer, and enforce Pima County’s Title

V Permit Program.

C. Permit Fee Demonstration

Each title V program submittal must

contain either a detailed demonstration

of fee adequacy or a demonstration that

aggregate fees collected from title V

sources meet or exceed $25 per ton of

emissions per year (adjusted from 1989

by the Consumer Price Index (CPI)).

Pima has submitted a detailed fee

analysis that demonstrates the fees it

will collect under the amended rules are

adequate to cover program costs.

Title V emission fees. Pima’s fee

provisions require that the owner or

operator of each source required to

obtain a title V permit shall pay an

annual emissions fee equal to $28.15 per

year per ton of actual emissions of all

regulated air pollutants, or a specified

minimum, whichever is greater. See

17.12.510.C. and 17.12.510.C.5.

Beginning in 1994, the emissions fee

rate is adjusted to reflect the increase, if

any, in the Consumer Price Index. See

17.12.510.C.4.

Emission fees are used by Pima to

cover the costs of the Title V related

activities not covered by title V permit

fees. These activities are inspection

services and associated direct and

indirect costs. Pima estimates the

annual cost of these activities to be

$68,640. Based upon known sources

and emissions reported by the sources,

and using the emission fee ($28.15 per

ton, indexed to the CPI beginning in

1994) and the fee schedule, the County

estimates its annual revenue from

emissions fees will be $70,100.

Permit fees. Pima’s fee provisions

require that applicants for permits to

construct and operate that are subject to

title V must pay the total actual cost of

reviewing and acting upon applications

for permits and permit revisions. See

17.12.510.G. and 17.12.510.I. These fees

are used to cover the cost of issuing

permits. Pima estimated the permitting

related average hourly billing costs for

permitting of title V facilities, including

salary, fringe benefits, direct non-salary
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Proposed Rules 16125

costs and indirect costs including cost

estimates of various types of permit

related activities. The estimated hourly

cost is $53.60.

Because state law caps hourly fees at

$53.00, Pima’s hourly charges are

capped at $53.00. See 17.12.510.M.

Although this cap is 60 cents per hour

less than the District’s estimated hourly

costs for permit processing, EPA finds

this provision to be fully approvable.

Given the inherent uncertainty in the

cost estimates, EPA believes that the

difference is insignificant and unlikely

to cause a shortfall in revenues. Further,

Pima is tracking its program costs and

revenues and has committed to provide

EPA with periodic updates that will

demonstrate whether fee revenues are

meeting the costs of the program. If EPA

finds that the County is not collecting

fees sufficient to fund the title V

program, it will require a program

revision.

In addition to imposing a cap on

hourly fees, state law also limits the

maximum chargeable fee for issuing and

revising permits. State law and Pima

regulations cap Title V permit issuance

fees at $30,000. See 17.12.510.G. Pima

estimates processing costs for permit

issuance at $21,484. Fees for processing

permit revisions are capped at $25,000

for significant revisions and $10,000 for

minor permit revisions. See 17.12.510.I.

Because the workload associated with

these classes of permit revisions is

likely to vary a great deal, Pima did not

attempt to estimate the cost of these

actions. The County believes that costs

for permit revisions will be less than the

maximum allowable fees. (See letter to

Dave Howekamp, EPA, from David

Esposito, Pima County, dated February

17, 1997.) EPA will periodically review

the County program to ensure adequate

fees are collected.

III. Administrative Requirements

A. Request for Public Comments

The EPA is requesting comments on

all aspects of this proposed approval.

Copies of Pima’s submittal and other

information relied upon for the

proposed interim approval are

contained in a docket (AZ–Pima–97–1–

OPS) maintained at the EPA Regional

Office. The docket is an organized and

complete file of all the information

submitted to, or otherwise considered

by, EPA in the development of this

proposed interim approval. The

principal purposes of the docket are:

(1) to allow interested parties a means

to identify and locate documents so that

they can effectively participate in the

approval process, and

(2) to serve as the record in case of

judicial review. The EPA will consider

any comments received by May 5, 1997.

B. Regulatory Flexibility Act

The EPA’s actions under section 502

of the Act do not create any new

requirements, but simply address

operating permits programs submitted

to satisfy the requirements of 40 CFR

part 70. Because this action does not

impose any new requirements, it does

not have a significant impact on a

substantial number of small entities.

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.

The EPA has determined that the

approval action promulgated today 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. Executive Order 12866

The Office of Management and Budget

has exempted this action from Executive

Order 12866 review.

List of Subjects in 40 CFR Part 70

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Operating permits, Reporting

and recordkeeping requirements.

Authority: 42 U.S.C. 7401–7671q.

Dated: March 23, 1997.

Felicia Marcus,

Regional Administrator.

[FR Doc. 97–8691 Filed 4–3–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA–7211]

Proposed Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Proposed rule.

SUMMARY: Technical information or

comments are requested on the

proposed base (1% annual chance) flood

elevations and proposed base flood

elevation modifications for the

communities listed below. The base

flood elevations are the basis for the

floodplain management measures that

the community is required either to

adopt or to show evidence of being

already in effect in order to qualify or

remain qualified for participation in the

National Flood Insurance Program

(NFIP).

DATES: The comment period is ninety

(90) days following the second

publication of this proposed rule in a

newspaper of local circulation in each

community.

ADDRESSES: The proposed base flood

elevations for each community are

available for inspection at the office of

the Chief Executive Officer of each

community. The respective addresses

are listed in the following table.

FOR FURTHER INFORMATION CONTACT:

Frederick H. Sharrocks, Jr., Chief,

Hazard Identification Branch, Mitigation

Directorate, 500 C Street SW.,

Washington, DC 20472, (202) 646–2796.

SUPPLEMENTARY INFORMATION: The

Federal Emergency Management Agency

(FEMA or Agency) proposes to make

determinations of base flood elevations

and modified base flood elevations for

each community listed below, in

accordance with section 110 of the

Flood Disaster Protection Act of 1973,

42 U.S.C. 4104, and 44 CFR 67.4(a).

These proposed base flood and

modified base flood elevations, together

with the floodplain management criteria

required by 44 CFR 60.3, are the

minimum that are required. They

should not be construed to mean that

the community must change any

existing ordinances that are more

stringent in their floodplain

management requirements. The

community may at any time enact

stricter requirements of its own, or

pursuant to policies established by other

Federal, state or regional entities. These

proposed elevations are used to meet

the floodplain management