Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations 20103

further action will be taken on the

proposed rule.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state plan.

Each request for revision to the state

plan shall be considered separately in

light of specific technical, economic,

and environmental factors, and in

relation to relevant statutory and

regulatory requirements.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

has exempted this regulatory action

from Executive Order 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et. seq., the 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, the 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-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000.

State plan approvals under section

111 of the Act do not create any new

requirements, but simply approve

requirements that the state is already

imposing. Therefore, because the

Federal-state plan approval does not

impose any new requirements, I certify

that it does not have a significant impact

on small entities affected. Moreover,

due to the nature of the Federal-state

relationship under the Act, preparation

of a flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The Act

forbids the EPA to base its actions

concerning state plans on such grounds.

See Union Electric Co. v. U.S. EPA, 427

U.S. 246, 255–66 (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, the 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

private sector, of $100 million or more.

Under section 205, the EPA must select

the most cost-effective and least

burdensome alternative that achieves

the objectives of the rule and is

consistent with statutory requirements.

Section 203 requires the 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 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 preexisting 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

Comptroller General Office

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. The EPA will

submit 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 United States prior to

publication of the rule in the 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 CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by June 22, 1998. 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).)

List of Subjects in 40 CFR Part 62

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Methane, Municipal solid

waste landfills, Nonmethane organic

compounds, Reporting and

recordkeeping requirements.

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

Dated: April 9, 1998.

Dennis Grams,

Regional Administrator, Region VII.

Part 62, Chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 62—[AMENDED]

1. The authority citation for part 62

continues to read as follows:

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

Subpart Q—Iowa

2. Subpart Q is amended by adding an

undesignated center heading and

§ 62.3913 to read as follows:

Air Emissions From Existing Municipal

Solid Waste Landfills

§ 62.3913 Identification of plan.

(a) Identification of plan. Iowa plan

for control of landfill gas emissions from

existing municipal solid waste landfills

and associated state regulations

submitted on December 22, 1997.

(b) Identification of sources. The plan

applies to all existing municipal solid

waste landfills for which construction,

reconstruction, or modification was

commenced before May 30, 1991, that

accepted waste at any time since

November 8, 1987, or that have

additional capacity available for future

waste deposition, and have design

capacities greater than 2.5 million

megagrams and nonmethane organic

emissions greater than 50 megagrams

per year, as described in 40 CFR part 60,

subpart Cc.

(c) Effective date. The effective date of

the plan for municipal solid waste

landfills is June 22, 1998.

[FR Doc. 98–10853 Filed 4–22–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 88

[FRL–5994–5]

RIN 2060–AH56

Clean Fuel Fleet Program

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule; delay of

implementation date.

SUMMARY: The provisions of subpart C of

Title II of the Clean Air Act require

states with certain ozone and carbon

monoxide (CO) nonattainment areas to

revise their State Implementation Plans

(SIP) to incorporate a Clean Fuel Fleet
20104 Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations

1States with covered nonattainment areas may

opt out of the CFFP with an adequate substitute

program. See CAA Section 182(c)(4)(B). Eleven

states have opted out of the CFFP pursuant to this

provision. Areas reclassified for ozone, that have a

1980 population of at least 250,000, must also

submit a SIP revision with a CFFP within one year

of such reclassification. See CAA Section 246(a)(3).

2A ‘‘model year’’ for purposes of fleet operators’

compliance with CFFP purchase requirements, and

as used in this notice, is not the same as ‘‘model

year’’ as defined for purposes of motor vehicle

production. The definition of ‘‘model year’’ for the

CFFP means September 1 of the preceding year

through August 31 of the named year. Therefore,

model year 1998 for the CFFP runs from September

1, 1997 through August 31, 1998. See 40 CFR

88.302–94.

3The Phase II CFV exhaust emissions standards

are found in CAA Section 243(a)(2) and 243(b)(2),

and include standards for non-methane organic

gases (NMOG), CO, oxides of nitrogen (NOX),

particulate matter (PM), and formaldehyde that are

identical to California’s Low Emission Vehicle

(LEV) exhaust emissions standards.

4See A Legislative History of the Clean Air Act

Amendments of 1990, Volume 1 at 903.

Program. Under this program, specified

percentages of new vehicles acquired by

covered fleet operators in certain ozone

and CO nonattainment areas must meet

EPA’s clean-fuel vehicle (CFV)

emissions standards. Today’s action

delays by one model year, the

requirement that a covered area’s State

Implementation Plan implement a Clean

Fuel Fleet Program (CFFP) fleet operator

purchase requirement. As a result, EPA

may approve a CFFP SIP revision which

provides that covered fleet operators

must include a certain percentage of

CFVs in their fleet vehicle purchases

each year beginning with model year

1999. This action is intended to ensure

successful implementation of the CFFP,

and to ensure that an adequate supply

of appropriate vehicles is available for

fleet operators to purchase and use once

the program is underway, so that

compliance with the mandatory

purchase requirements will be possible

and economically feasible for covered

fleet operators.

DATES: This rule will become effective

on June 8, 1998 unless the Agency

receives relevant adverse comment by

May 26, 1998. Should the Agency

receive such comments, it will publish

notification withdrawing this rule.

ADDRESSES: Interested parties may

submit written comments in response to

this rule (in duplicate if possible) to

Public Docket No. A–97–53. It is

requested that a duplicate copy may be

submitted to Sally Newstead at the

address in the FOR FURTHER INFORMATION

CONTACT section below. The docket is

located at the Air Docket, Room M–1500

(6102), Waterside Mall SW, Washington,

DC 20460. The docket may be inspected

between 8:00 a.m. and 5:30 p.m. on

weekdays, excluding holidays. A

reasonable fee may be charged for

copying docket material.

FOR FURTHER INFORMATION CONTACT:

Sally Newstead, Office of Mobile

Sources, National Vehicle and Fuel

Emissions Laboratory, 2565 Plymouth

Road, Ann Arbor, Michigan 48105.

Telephone (734) 668–4474.

SUPPLEMENTARY INFORMATION:

Statutory Authority

The statutory authority for this action

is provided by sections 246 and 301 of

the Clean Air Act.

Background

EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial action

and anticipates no adverse comments.

However, in the proposed rules section

of this Federal Register publication,

EPA is publishing a separate document

that will serve as the proposal for this

action should relevant adverse

comments be filed. This rule will be

effective June 8, 1998 without further

notice unless the Agency receives

relevant adverse comments by May 26,

1998. If EPA receives such comments,

EPA will publish a document

withdrawing this final rule and

informing the public that the rule did

not take effect. All public comments

received will then be addressed in a

subsequent final rule based on the

proposed rule. EPA will not institute a

second comment period on the

proposed rule.

The Clean Air Act, as amended in

1990 (‘‘CAA’’ or ‘‘the Act’’), requires

certain states to adopt and submit to

EPA a State Implementation Plan (SIP)

containing a CFFP for nonattainment

areas with 1980 populations greater

than 250,000 that are classified as

serious or worse for ozone, or with a

design value of at least 16.0 ppm for

carbon monoxide (CO). The

nonattainment areas currently covered

by the requirement to adopt and submit

a CFFP are Atlanta, Washington DC

metropolitan area, Chicago-Gary-Lake

Counties, Milwaukee-Racine, Baton

Rouge, and Denver-Boulder.1

Section 246 of the CAA provides that

a states’ SIP submission must require

fleet operators with 10 or more vehicles

that are centrally fueled or capable of

being centrally fueled, to include a

specified percentage of clean-fuel

vehicles (CFVs) in their new vehicle

purchases each year. In addition, states

CFFP SIP submissions must comply

with other specifications in Section 246,

including the requirement that covered

fleet operators must operate their CFVs

in covered nonattainment areas on a

clean alternative fuel, defined as a fuel

on which the vehicle meets EPA’s CFV

standards when using such fuel. EPA

promulgated emissions standards for

CFVs in September 1994. See 40 CFR

Part 88. EPA estimates that demand for

CFVs by covered fleets in model year 2

1998 would be approximately 47,000

light duty vehicles and 12,000 heavy

duty vehicles.

Start Date for CFFP Purchase

Requirement

Section 246(c) of the CAA provides

that the specified percentage of new

light duty vehicle purchases by covered

fleet operators that must be CFVs in a

given model year shall be 30% in model

year 1998, 50% in model year 1999, and

70% in model year 2000 and later years,

if certain categories of new vehicles

(light duty trucks (LDTs) below 6000 lbs

gross vehicle weight rating (GVWR) and

light duty vehicles (LDVs)) certified to

the Phase II CFV exhaust emissions

standards are offered for sale in

California.3 In March 1993, EPA stated

its expectation that the vehicles

specified in Section 246(c) would be

offered for sale in California by model

year 1997, and therefore states’ SIP

submissions should provide for

implementation of the CFFP purchase

requirement beginning in model year

1998. EPA also stated its intent to delay

this implementation date if it later

determined that the requisite vehicles

would not be offered for sale in

California in model year 1997. See 58

FR 11888 (March 1, 1993).

EPA cannot mandate that vehicle

manufacturers produce CFVs for fleets

to purchase to meet the CFFP

requirements—Congress intended that

the creation of a market for CFVs would

provide an incentive for vehicle

manufacturers to produce and sell such

vehicles outside California, ultimately

resulting in broader market penetration.

The specification in section 246 (c) that

certain vehicles meeting CFV exhaust

emissions standards must be available

for sale in California for implementation

of the CFFP purchase requirement to

begin in model year 1998 was intended

to provide a minimum level of

reasonable assurance that complying

vehicle technology was available and

being produced.4 Without some such

evidence of vehicle availability, fleet

operators cannot realistically be

expected to comply with the CFFP

purchase requirements. However,

Section 246 is not clear on the issue of

how many of the vehicles specified in

Section 246(c) must be offered for sale

in California before triggering
Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations 20105

implementation of the CFFP purchase

requirements.

In today’s action, EPA is delaying the

start date that the SIP must contain for

implementation of the CFFP purchase

requirements from model year 1998 to

model year 1999, and intends to

approve state SIP submissions with

CFFPs that start in model year 1999.

EPA has received information from

various stakeholders, including states,

covered fleet operators, and vehicle

manufacturers on this issue, and has

concluded that a delay until model year

1999 will result in a successful, effective

fleet program that advances the

penetration of CFVs and clean

alternative fuels into the national

market, and is consistent with the

provisions of Section 246(c) and with

Congress’ intent in adopting the CFFP

provisions of the Act.

The legislative history of the 1990

amendments to the CAA indicates that,

in adopting the CFFP, Congress made a

clear choice between two alternatives:

requiring auto manufacturers to produce

and sell CFVs, or creating a market for

CFVs and for clean alternative fuels by

requiring fleet operators to purchase

such vehicles and operate on such fuels.

In choosing the latter option, Congress

attempted to minimize the burden on

fleet operators by requiring some

evidence of vehicle availability in

California as a precondition to

implementation of the purchase

requirement before model year 2001.

However, the Act does not provide a

clear indication of Congressional intent

regarding the number of vehicles in

each weight category specified in

Section 246(c) that must be offered for

sale in California to trigger the fleet

operators’ purchase requirement.

Because the CAA is silent on this

particular issue, and in the absence of

a clear indication of Congressional

intent, it is appropriate for EPA to

reasonably exercise its discretion in a

way that furthers the goals of the CFFP

provisions, and determine whether a

sufficient number of requisite vehicle

models are offered for sale in California

to require that other states SIPs

implement the CFFP in MY1998.

Auto manufacturers have certified a

number of vehicle models to the LEV

standards in California on California

reformulated gasoline, and EPA expects

these vehicles could be certified as

federal CFVs. However, because of the

Act’s requirement that fleet operators

operate CFVs on clean alternative fuels,

as defined in Section 241(b), fleet

operators who purchase such CFVs to

meet CFFP purchase requirements may

have to operate these vehicles on

California reformulated gasoline, which

is generally not available outside

California. EPA cannot conclude at this

time that federal reformulated gasoline

or federal conventional gasoline qualify

as clean alternative fuels for CFVs

certified to LEV standards on California

reformulated gasoline, due to potential

emissions differences resulting from

differences in fuel composition between

California reformulated gasoline and

federal fuels. EPA expects that

manufacturers could certify LEVs that

have been certified to California LEV

standards on California reformulated

gasoline as federal CFVs on federal

fuels—if manufacturers did so, fleet

operators could purchase such vehicles

to meet CFFP purchase requirements,

and operate them on federal fuels in

covered nonattainment areas without

violating the fuel use requirement of the

CFFP. Certain new light duty trucks

(LDTs) below 6000 pounds GVWR and

new light duty vehicles (LDVs) certified

to LEV exhaust emissions standards are

currently being offered for sale in

California. However, only a limited

number of LDTs below 6000 lbs. GVWR

were certified to California’s LEV

standards and offered for sale in

California in MY1997 as indicated in

the following chart.

LIST OF CERTIFIED CA LEVS OFFERED FOR SALE IN CALIFORNIA IN MY97

[As of April 1997]

Manufacturer Certification number Models Type Standard Fuel

Ford ......................... FORD–LDV–97–01–00 ......................... Escort, Escort Wagon ........................... LDV LEV CA RFG.

FORD–LDV–97–38–00 ......................... Sable, Sable Wagon, Taurus, Taurus

Wagon.

LDV LEV CA RFG.

General Motors ....... GM–LDT–97–29–00 .............................. Astro AWD (C&P)* Passenger ............. LDT LEV CA RFG.

GM–LDT–97–40–00 .............................. Safari AWD (P), Astro AWD (C&P) ...... LDT LEV CA RFG.

Honda ...................... HONDA–LDV–97–19–00 ...................... Civic, del Sol ......................................... LDV LEV CA RFG.

HONDA–LDV–97–20–00 ...................... Civic ...................................................... LDV LEV CA RFG.

HONDA–LDV–97–21–00 ...................... Civic, del Sol ......................................... LDV LEV CA RFG.

HONDA–LDV–97–22–00 ...................... Civic ...................................................... LDV LEV CA RFG.

Nissan ..................... NISSN–LDV–97–06–00 ........................ Sentra/200SX ........................................ LDV LEV CA RFG.

Suzuki ...................... SUZUK–LDV–97–05–00 ....................... Metro ..................................................... LDV LEV CA RFG.

SUZUK–LDV–97–06–00 ....................... Metro, Swift ........................................... LDV LEV CA RFG.

Toyota ..................... TOYOT–LDV–97–11–00 ....................... Camry .................................................... LDV LEV CA RFG.

TOYOT–LDV–97–12–00 ....................... Camry .................................................... LDV LEV CA RFG.

*P=Passenger, C=Cargo.

In order to meet the MY98 purchase

requirements, fleet operators must have

placed vehicle orders in April, 1997;

however, the supply of federally

certified CFVs at this time was limited.

Based on the limited numbers of light

duty vehicles and trucks offered for sale

in California in MY1997, and

particularly the limited number of LDTs

<6000 pounds GVWR, EPA believes that

a short delay of the required

implementation date of the CFFP for

one model year is reasonable to avoid

the potential for serious disruption of

the initial implementation of this

program from an inadequate supply of

vehicles. Given the list of current

federally certified CFVs, the available

choices for passenger cars, pick-up

trucks, vans and sport utility vehicles is

limited to the following:
20106 Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations

LIST OF CERTIFIED CFVS OFFERED FOR SALE IN MY97

[As of April 30, 1997]

Manufacturer Certification number Models Type Standard Fuel

Light Duty

IMPCO Tech .......... IMPCO–LDCNGT–97–01 .................... Sierra C Pickup ................................... LDT LEV CNG.

Chrysler .................. CHRYSLER–LDCLT–97–01–00 ......... Caravan(2WD), Voyager(2WD) .......... LDCLT ILEV+ULEV CNG.

CHRYS–ZEV–97–01 ........................... Caravan(2WD), Voyager(2WD) .......... LDT ZEV Electricity.

Ford ........................ FORD–LDCNGV–97–01 ..................... Crown Victoria ..................................... LDV ILEV+ULEV CNG.

FORD–LDCNGT–97–01 ..................... F250(2WD) .......................................... LDT ILEV+ULEV CNG.

FORD–LDCNGT–97–02 ..................... E250(2WD), E350(2WD) ..................... LDT ILEV+ULEV CNG.

General Motors ...... GM–ZEV–97–01 .................................. EV1 ...................................................... LDV ILEV+ZEV Electricity.

GN–ZEV–LDT–97–01 ......................... S10 Pickup .......................................... LDT ILEV+ZEV Electricity.

Honda ..................... HN–ZEV–97–01 .................................. EV Plus ............................................... LDV ILEV+ZEV Electricity.

Manufacturer Certification number Models Standard Fuel

Heavy Duty

Cummins .................. CUMMINS–NGE (MHDD)–97–18 .................................................. B5.9–195G ................ LEV CNG.

CUMMINS–NGE (MHDD)–97–19 .................................................. B5.9–195F ................. LEV CNG.

CUMMINS–NGE (MHDD)–97–22 .................................................. C8.3–250G ................ LEV CNG.

CUMMINS–NGE (MHDE)–97–01 .................................................. B5.9–195G ................ ULEV CNG.

Detroit Diesel ............ DDC–NGE (LHDDE)–97–01 .......................................................... Series 30G ................ LEV CNG.

SIP Revisions

In light of this action, states with

adopted CFFP SIPs may revise their

SIPs to provide for a model year 1999

start date for the CFFP purchase

requirements. Fleet operators may still

earn credits for early purchase of CFVs

that meet all applicable requirements,

including the requirement that fleet

operators operate their CFVs on clean

alternative fuels when in the covered

nonattainment area. The EPA believes

this action will provide states and fleet

owners the necessary flexibility in those

areas that are unable to meet the CFF

purchase requirements cited in the

CAAA.

Administrative Requirements

A. Administrative Designation

Under Executive Order 12866, (58 FR

51735 (October 4, 1993)) the Agency

must determine whether the regulatory

action is ‘‘significant’’ and therefore

subject to Office of Management and

Budget (OMB) review and the

requirements of the Executive Order.

The Order defines ‘‘significant

regulatory action’’ as one that is likely

to result in a rule that may:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another Agency;

(3) Materially alter the budget impact

of entitlement, grants, user fees, or loan

programs or the rights and obligations of

recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

Pursuant to the terms of Executive

Order 12866, EPA believes that this

final action is not a significant

regulatory action and therefore not

subject to OMB review. Approvals of

SIP submittals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. This action

simply revises regulations governing the

requirements states’ CFFP SIP

submissions must meet. It serves to

delay states’ required implementation of

CFFP purchase requirements. Therefore,

it has been determined that this action

does not constitute a ‘‘major’’

regulation.

B. Reporting and Recordkeeping

Requirement

There are no information

requirements in this direct final rule

which require the approval of the Office

of Management and Budget under the

Paperwork Reduction Act 44 U.S.C.

3501 et seq.

C. Regulatory Flexibility

EPA has determined that it is not

necessary to prepare a regulatory

flexibility analysis in connection with

this final rule. EPA has also determined

that this rule will not have significant

economic impact on a substantial

number of small entities. This is based

on the fact that this action does not

impose any new requirements, but

simply delays the applicable start date

of the CFFP purchase requirements that

must be included in certain state’s SIPs,

pursuant to the CAA. Thus, the impact

created by the proposed action does not

increase the preexisting burden of the

existing rules which this proposal seeks

to amend.

D. Submission to Congress

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit 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 United

States prior to publication of the rule in

the Federal Register. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).
Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations 20107

E. Unfunded Mandates Act

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

where the estimated costs to State, local,

or tribal governments, or to the private

sector, will be $100 million or more.

Under section 205, EPA must select the

most cost-effective and least

burdensome alternative that achieves

the objective 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 impacted by the rule. To

the extent that the rules being adopted

in this action would impose any

mandate at all as defined in section 101

of the Unfunded Mandates Act upon the

state, local, or tribal governments, or the

private sector, as explained above, this

rule is not estimated to impose costs in

excess of $100 million. EPA has

determined that today’s action simply

delays the purchase requirements under

state CFFPs and does not impose

additional costs or regulatory burdens.

In fact, the one-year delay of

implementation of the purchase

requirements is expected to reduce costs

of compliance and ease regulatory

burdens.

List of Subjects in 40 CFR Part 88

Environmental protection, Labeling,

Motor vehicle pollution, Reporting and

recordkeeping requirements.

Dated: April 3, 1998.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, 40 CFR part 88 is amended as

follows:

PART 88—[AMENDED]

1. The authority citation for part 88

continues to read as follows:

Authority: 42 U.S.C. 7410, 7418, 7581,

7582, 7583, 7584, 7586, 7588, 7589, 7601(a).

2. Section 88.308.94 is amended by

designating the existing text as

paragraph (a) and by adding paragraph

(b) to read as follows:

§ 88.308.94 Programmatic requirements

for clean-fuel fleet vehicles.

* * * * *

(b) Program start date. The SIP

revision shall provide that the clean fuel

vehicle purchase requirements begin to

apply no later than model year 1999.

[FR Doc. 98–10151 Filed 4–22–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 132

[FRL–5999–8]

Amendment of the Provisions To

Eliminate and Phase-Out Mixing Zones

for Bioaccumulative Chemicals of

Concern and Amendment to Procedure

8.D. of Appendix F (Pollutant

Minimization Program) for the Final

Water Quality Guidance for the Great

Lakes System

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; partial amendments.

SUMMARY: As a result of the decision in

American Iron and Steel Institute, et al.

v. EPA (AISI), 115 F.3d 979 (D.C. Cir.

1997), EPA today is amending the final

Water Quality Guidance for the Great

Lake System (Guidance) (40 CFR part

132) by removing the provisions to

eliminate and phase-out mixing zones

for bioaccumulative chemicals of

concern (BCCs). Also in response to the

AISI decision, EPA is today amending

the Guidance by revising Procedure 8.D.

of Appendix F to remove language in

the Pollutant Minimization Program

(PMP) provisions that might imply

authorization for imposing water

quality-based effluent limits (WQBELs)

on internal waste streams or for

requiring specific control measures to

meet WQBELs.

EFFECTIVE DATE: April 23, 1998.

ADDRESSES: The public docket for this

and earlier rulemakings concerning the

Water Quality Guidance for the Great

Lakes System, including the proposal,

public comments in response to the

proposal, other major supporting

documents, and the index to the docket

are available for inspection and copying

at U.S. EPA Region 5, 77 West Jackson

Blvd., Chicago, IL 60604 by

appointment only. Appointments may

be made by calling Mary Jackson-Willis

(telephone 312–886–3717).

FOR FURTHER INFORMATION CONTACT:

Mark Morris (4301), U.S. EPA, 401 M

Street, SW, Washington, D.C. 20460

(202–260–0312).

SUPPLEMENTARY INFORMATION:

I. Discussion

A. Potentially Affected Entities

Citizens concerned with water quality

in the Great Lakes System may be

interested in this rulemaking. Also,

entities potentially affected by today’s

action are those discharging pollutants

to waters of the United States in the

Great Lakes System. Categories and

entities which may ultimately be

affected include:

Category Examples of potentially affected

entities

Industry .... Industries discharging to waters

in the Great Lakes System as

defined in 40 CFR 132.2.

MunicipalitiesPublicly-owned treatment works

discharging to waters of the

Great Lakes System as defined in 40 CFR 132.2.

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this final rule. This table

lists the types of entities that EPA is

now aware could potentially be affected

by this action. Other types of entities

not listed in the table could also be

affected. To determine whether your

facility may be affected by this final

rule, you should carefully examine the

definition of ‘‘Great Lakes System’’ in 40

CFR 132.2 and examine 40 CFR 132.2

which describes the part 132

regulations. If you have any questions

regarding the applicability of this action

to a particular entity, consult the person

listed in the preceding FOR FURTHER

INFORMATION CONTACT section.

B. Today’s Rule

The final Guidance included ambient

water quality criteria setting maximum

ambient concentrations for pollutants to

be met in all waters of the Great Lakes

Basin and implementation procedures

used to develop WQBELs for facilities

discharging these pollutants. States and

Tribes were required to adopt

regulations consistent with EPA’s

Guidance criteria and implementation

procedures by March 23, 1997. Once the

criteria and implementation procedures

take effect, permits for discharges of the

pollutants they cover must include

WQBELs needed to attain the criteria if

the discharge has or may have the

reasonable potential to cause or

contribute to an exceedance of the water

quality standard.

On June 6, 1997, the U.S. Court of

Appeals for the District of Columbia

Circuit issued its decision upholding,

with three minor exceptions, the Great

Lakes Water Quality Guidance which

EPA promulgated on March 23, 1995.

American Iron and Steel Institute, et al.

v. EPA (AISI), 115 F.3d 979 (D.C. Cir.

1997). The Court vacated three

provisions of the Guidance. The Court

vacated the criteria for polychlorinated

biphenlys (PCBs), and the provisions of

the Guidance ‘‘insofar as it would

eliminate mixing zones for

bioaccumulative chemicals of concern

(BCCs) and impose water quality-based