Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules 18071

1EPA adopted the completeness criteria on

February 16, 1990 (55 FR 5830) and, pursuant to

section 110(k)(1)(A) of the CAA, revised the criteria

on August 26, 1991 (56 FR 42216).

without prior proposal because the

Agency views this as a noncontroversial

revision amendment and anticipates no

adverse comments. A detailed rationale

for the approval is set forth in the direct

final rule. If no adverse comments are

received in response to this direct final

rule, no further activity is contemplated

in relation to this proposed rule. If EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. The EPA

will not institute a second comment

period on this document. Any parties

interested in commenting on this

document should do so at this time.

DATES: To be considered, comments

must be received by May 14, 1997.

ADDRESSES: Written comments on this

action should be addressed to William

Denman at the Environmental

Protection Agency, Region 4 Air

Planning Branch, 61 Forsyth Street, SW,

Atlanta, Georgia 30303. Copies of

documents relative to this action are

available for public inspection during

normal business hours at the following

locations. The interested persons

wanting to examine these documents

should make an appointment with the

appropriate office at least 24 hours

before the visiting day. Reference file

TN176–02–9708. The Region 4 office

may have additional background

documents not available at the other

locations.

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection

Agency, 401 M Street, SW,

Washington, DC 20460.

Environmental Protection Agency,

Region 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303, William Denman, 404/562–

9030.

Tennessee Department of Environment

and Conservation, Division of Air

Pollution Control, L & C Annex, 9th

Floor, 401 Church Street, Nashville,

Tennessee 37243–1531, 615/532–

0554.

FOR FURTHER INFORMATION CONTACT:

William Denman 404/562–9030.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule which is published in the

rules section of this Federal Register.

Dated: March 25, 1997.

A. Stanley Meiburg,

Acting Regional Administrator.

[FR Doc. 97–9507 Filed 4–11–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 94–2–7235; FRL–5810–7]

Approval and Promulgation of State

Implementation Plans; California—

South Coast

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: EPA is proposing to approve

a State Implementation Plan (SIP)

revision from the State of California

demonstrating that the California Low

Emission Vehicle (LEV) program

qualifies as a substitute for the Clean Air

Act Clean-Fuel Vehicle Fleet Program

(CAA fleet program). The CAA fleet

program provisions require states, in

order to opt-out of the fleet program, to

submit a substitute program for all or a

portion of the program which achieves

at least equal long-term emission

reductions of ozone-producing and air

toxic emissions. EPA is also proposing

to approve a SIP revision for the South

Coast, establishing a parking cash-out

program as a contingency measure. The

measure is part of the South Coast plan

for attaining the national ambient air

quality standards (NAAQS) for carbon

monoxide (CO). The intended effect of

proposing approval of these rules is to

regulate emissions of volatile organic

compound (VOC) and CO emissions in

accordance with the CAA and regarding

EPA actions on SIP submittals.

DATES: EPA requests that comments be

received in writing on or before May 14,

1994.

ADDRESSES: Written comments should

be submitted (in duplicate, if possible)

to: Julia Barrow, Air Planning Office

(AIR–2), Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901.

Copies of the SIP submissions and

Technical Support Documentation are

available for public inspection at EPA’s

San Francisco, Region 9 office on

weekdays between 9 a.m. and 4 p.m.

FOR FURTHER INFORMATION CONTACT:

Roxanne Johnson, Air Planning Office

(AIR–2), Air Division, U.S. EPA, Region

IX, 75 Hawthorne Street, San Francisco,

California, 94105–3901; tel. (415) 744–

1225.

SUPPLEMENTARY INFORMATION: EPA

proposes to approve two SIP revisions

submitted by the State of California: (1)

Executive Order G–125–145 supporting

the State’s opt-out from the Clean Air

Act (CAA or Act) Clean-Fuel Fleet

Vehicle Program (fleet program), and (2)

South Coast Air Quality Management

District (SCAQMD) Rule 1504,

establishing a parking cash-out program

as a contingency measure.

On February 14, 1995, the

Administrator signed direct final

approval of these two SIP revisions as

part of a notice promulgating Federal

implementation plans (FIPs) for

California. On April 10, 1995,

legislation was enacted mandating that

these FIPs ‘‘shall be rescinded and shall

have no further force and effect’’ (Pub.

L. 104–6, Defense Supplemental

Appropriation, H.R. 889), prior to

publication of the FIP and SIP actions

in the Federal Register. On August 21,

1995 (60 FR 43468), EPA announced the

FIP rescission. EPA is in this action

reissuing and proposing to approve the

California SIP submissions to opt-out

from the Federal fleet program and the

contingency measure in SCAQMD Rule

1504.

Sections 182(c)(4)(A) and 246 of the

Act require certain states, including

California, to submit for EPA approval

a SIP revision that includes measures to

implement the Clean Fuel Fleet

Program. Section 182(c)(4)(B) of the Act

allows states to ‘‘opt-out’’ of the cleanfuel vehicle fleet program by submitting

for EPA approval a SIP revision

consisting of a program or programs that

will result in at least equivalent long

term reductions in ozone-producing and

toxic air emissions.

On November 13, 1992, the California

Air Resources Board (CARB) submitted

a request to EPA to opt-out of the CAA

fleet program. On November 29, 1993,

EPA conditionally approved CARB’s

opt-out request (58 FR 62532). On

November 7, 1994, CARB submitted as

a SIP revision Executive Order G–125–

145, formally adopting its request to

opt-out of the CAA fleet program, and

attaching supporting materials

demonstrating that the State’s LEV

program achieves emission reductions

at least as large as the CAA fleet

program’s requirement would have. On

January 30, 1995, the revision was

found to be complete pursuant to EPA’s

completeness criteria that are set forth

in 40 CFR Part 51, Appendix V.1 EPA

now proposes to approve this submittal
18072 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules

2Section 110(k)(1)(B) provides that SIP revisions

that have not been determined by EPA to be

incomplete by 6 months after receipt shall on that

date be deemed by operation of law to meet the

minimum criteria for completeness. EPA’s

completeness rule is set forth in 40 CFR Part 51,

Appendix V, which establishes the minimum

criteria that a plan revision must meet before EPA

is required to act on the submission.

and remove the condition on the

approval of California’s opt-out of the

CAA fleet program.

On May 13, 1994, the SCAQMD

adopted Rule 1504, establishing a

parking cash-out program for parking

not owned by the employer. On July 8,

1994, Rule 1504 was submitted as a SIP

revision to help meet the requirements

of section 187(a)(3) of the Act, relating

to carbon monoxide (CO) SIP

contingency measures. On January 8,

1995, the revision became complete by

operation of law.2

The rule serves as a contingency

measure to be triggered if the South

Coast CO SIP’s annual estimates of

vehicle miles traveled are exceeded or

EPA makes a finding, which is required

by the CAA, that the South Coast has

failed to attain the CO NAAQS by the

year 2000.

Regulatory Process

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 population of less

than 50,000.

SIP approvals under sections 110 and

301(a) 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. U.S. E.P.A., 427

U.S. 246, 256–66 (S. Ct. 1976); 42 U.S.C.

7410 (a)(2).

Unfunded Mandates

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.

Through submission of this SIP or

plan revision, the State and any affected

local or tribal governments have elected

to adopt the program provided for under

Part D of the Act. These rules may bind

State, local, and tribal governments to

perform certain actions and also require

the private sector to perform certain

duties. The rules being proposed for by

this action will impose no new

requirements because affected sources

are already subject to these regulations

under State law. Therefore, no

additional costs to State, Local, or tribal

governments or to the private sector

result from this action. EPA has also

determined that this proposed action

does not include a mandate that may

result in estimated costs of $100 million

or more to State, local, or tribal

governments in the aggregate or to the

private sector.

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 Executive Order

12866 review.

List of Subjects in 40 CFR Part 52

Environmental protection,

Administrative practice and procedure,

Air pollution control, Carbon monoxide,

Hydrocarbons, Intergovernmental

relations, Oxides of nitrogen, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Authority: 42 U.S.C. 7401–7671q.

Dated: March 31, 1997.

Felicia Marcus,

Regional Administrator.

[FR Doc. 97–9581 Filed 4–11–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 247

[SWH–FRL–5810–8]

RIN 2050–AE23

Comprehensive Guideline for

Procurement of Products Containing

Recovered Materials; Proposal To

Designate Ink Jet Cartridges

AGENCY: Environmental Protection

Agency.

ACTION: Notice of Data Availability.

SUMMARY: This notice summarizes

information submitted in response to

the Environmental Protection Agency’s

November 7, 1996 proposal to designate

ink jet cartridges as a procurement item

under section 6002 of the Resource

Conservation and Recovery Act. Based

on this new information, the Agency

believes that there is insufficient

evidence to support a designation at this

time. As a result, the Agency has

tentatively decided it will not include

ink jet cartridges as a designated item in

the final Comprehensive Procurement

Guideline when it is promulgated. This

notice summarizes the information

available to the Agency and requests

additional information from interested

parties.

DATES: EPA will accept public

comments on the information in this

notice until May 14, 1997.

ADDRESSES: To comment on this notice,

send an original and two copies of

comments to: RCRA Information Center

(5305W), U.S. Environmental Protection

Agency, 401 M Street, SW, Washington,

DC 20460. Reference docket number F–

96–CP2P–FFFFF on the comments.

If any information is confidential, it

should be identified as such. An

original and two copies of Confidential

Business Information (CBI) must be

submitted under separate cover to:

Document Control Officer (5305W),

Office of Solid Waste, U.S.

Environmental Protection Agency, 401

M Street, SW, Washington, DC 20460.

Documents related to the proposal to

designate ink jet cartridges are available

for viewing at the RCRA Information

Center (RIC), which is located at: U.S.

Environmental Protection Agency, 1235

Jefferson Davis Highway, Ground Floor,

Crystal Gateway One, Arlington, VA

22202. The RIC is open from 9:00 a.m.

to 4:00 p.m., Monday through Friday,

except for Federal holidays. The public

must make an appointment to review

docket materials by calling (703) 603–

9230. Copies cost $.15 per page.