18710 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations

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).

2The San Francisco Bay Area was designated as

a moderate nonattainment area for ozone, and

classified by operation of law pursuant to sections

107(d) and 181(a) upon the date of enactment of the

CAA. See 56 FR 56694 (November 6, 1991).

Accordingly, the Copyright Office and

the Library of Congress adopts the

following rules.

List of Subjects in 37 CFR Part 201

Cable compulsory license, Cable

systems, Satellite master antenna

television systems.

Final Regulations

In consideration of the foregoing, part

201 of 37 CFR, chapter II, is amended

in the manner set forth below.

PART 201—GENERAL PROVISIONS

1. The authority citation for part 201

is revised to read as follows:

Authority: 17 U.S.C. 702.

§ 201.17 [Amended]

2. Section 201.17(b)(1) is amended by

adding ‘‘In no case shall gross receipts

be less than the cost of obtaining the

signals of primary broadcast

transmitters for subsequent

retransmission.’’ after the first sentence.

3. Section 201.17(b)(2) introductory

text is amended by adding ‘‘The owner

of each individual cable system on the

last day of the accounting period

covered by a Statement of Account is

responsible for depositing the Statement

of Account and remitting the copyright

royalty fees.’’ after the third sentence.

4. Section 201.17(e)(2)(i) is amended

by adding ‘‘The ‘‘owner’’ of the cable

system is the individual or entity that

provides the retransmission service and

collects payment from the end user

either directly or indirectly through a

third party.’’ after the first sentence.

Dated: April 3, 1997.

Marybeth Peters,

Register of Copyrights.

Approved By:

James H. Billington,

The Librarian of Congress.

[FR Doc. 97–9919 Filed 4–16–97; 8:45 am]

BILLING CODE 1410–31–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 179–0029a; FRL–5697–1]

Approval and Promulgation of State

Implementation Plans; California State

Implementation Plan Revision; Bay

Area Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on revisions to the California

State Implementation Plan. The

revisions concern rules from the Bay

Area Air Quality Management District

(BAAQMD). This approval action will

incorporate five rules into the Federally

approved SIP. The intended effect of

approving these rules is to regulate

emissions of oxides of nitrogen (NOX) in

accordance with the requirements of the

Clean Air Act, as amended in 1990

(CAA or the Act). The rules control NOX

emissions from boilers, steam

generators, process heaters, stationary

internal combustion engines, stationary

gas turbines, and glass melting furnaces

in the San Francisco Bay area. EPA has

evaluated the rules and is taking direct

final action to approve them under

provisions of the CAA regarding EPA

actions on SIP submittals, and SIPs for

national primary and secondary ambient

air quality standards. The rules are

being approved into the SIP in

accordance with the area’s ozone

maintenance plan for redesignation to

attainment.

DATES: This action is effective on June

16, 1997 unless adverse or critical

comments are received by May 19, 1997.

If the effective date is delayed, a timely

notice will be published in the Federal

Register.

ADDRESSES: Copies of the rules and

EPA’s evaluation report for each rule are

available for public inspection at EPA’s

Region IX office during normal business

hours. Copies of the submitted rules are

available for inspection at the following

locations:

Rulemaking Office (AIR–4), Air

Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105.

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, S.W.,

Washington, D.C. 20460.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95814.

Bay Area Air Quality Management

District, Rule Development Section,

939 Ellis Street, San Francisco, CA

94109.

FOR FURTHER INFORMATION CONTACT:

Andrew Steckel, Rulemaking Office

(AIR–4), Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105, Telephone: (415)

744–1185.

SUPPLEMENTARY INFORMATION:

Applicability

This document addresses EPA’s direct

final action for the following BAAQMD

rules: Regulation 9, Rule 7, Nitrogen

Oxides and Carbon Monoxide from

Industrial, Institutional, and

Commercial Boilers, Steam Generators,

and Process Heaters; Regulation 9, Rule

8, Nitrogen Oxides and Carbon

Monoxide Emissions from Stationary

Internal Combustion Engines;

Regulation 9, Rule 9—Nitrogen Oxides

from Stationary Gas Turbines;

Regulation 9, Rule 11—Nitrogen Oxides

and Carbon Monoxide from Utility

Electric Power Generating Boilers; and

Regulation 9, Rule 12, Nitrogen Oxides

from Glass Melting Furnaces.

These BAAQMD rules were adopted

on September 15, 1993, January 20,

1993, September 21, 1994, November

15, 1995 and January 19, 1994,

respectively. They were submitted by

the State of California on July 23, 1996.

The rules were found to be complete on

January 17, 1997, pursuant to EPA’s

completeness criteria that are set forth

in 40 CFR part 51, Appendix V.1 EPA

is taking direct final action to approve

all five rules into the SIP.

Background

On November 15, 1990, the Clean Air

Act Amendments of 1990 (CAA) were

enacted. Pub. L. 101–549, 104 Stat.

2399, codified at 42 U.S.C. 7401–7671q.

The air quality planning requirements

for the reduction of NOX emissions

through reasonably available control

technology (RACT) are set out in section

182(f) of the CAA. On November 25,

1992, EPA published a notice of

proposed rulemaking entitled ‘‘State

Implementation Plans; Nitrogen Oxides

Supplement to the General Preamble;

Clean Air Act Amendments of 1990

Implementation of Title I; Proposed

Rule,’’ (the NOX Supplement) which

describes the requirements of section

182(f). The November 25, 1992

document should be referred to for

further information on the NOX

requirements and is incorporated into

this document by reference. Section

182(f) of the Clean Air Act requires

States to apply the same requirements to

major stationary sources of NOX

(‘‘major’’ as defined in section 302 and

section 182 (c), (d), and (e)) as are

applied to major stationary sources of

volatile organic compounds (VOCs), in

moderate or above ozone nonattainment

areas.2
Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations 18711

3See 60 FR 27028 (May 22, 1995).

4Among other things, the pre-amendment

guidance consists of those portions of the proposed

post-1987 ozone and carbon monoxide policy that

concern RACT, 52 FR 45044 (November 24, 1987);

and ‘‘Issues Relating to VOC Regulation Cutpoints,

Deficiencies, and Deviations, Clarification to

Appendix D of November 24, 1987 Federal Register

Notice’’ (Blue Book) (notice of availability was

published in the Federal Register on May 25, 1988).

Section 182(b)(2) requires submittal of

RACT rules for major stationary sources

of VOC emissions (not covered by a preenactment control technique guidelines

(CTG) document or a post-enactment

CTG document) by November 15, 1992.

There were no NOX CTGs issued before

enactment and EPA has not issued a

CTG document for any NOX category

since enactment of the CAA. The RACT

rules covering NOX sources and

submitted as SIP revisions are expected

to require final installation of the actual

NOX controls by May 31, 1995 for those

sources where installation by that date

is practicable.

NOX emissions contribute to the

production of ground level ozone and

smog. The five BAAQMD rules control

emissions of NOX from commercial and

industrial boilers, steam generators, and

process heaters; stationary internal

combustion engines; stationary gas

turbines; electric power generating

boilers; and glass melting furnaces. The

rules were adopted as part of the

BAAQMD’s efforts to achieve the

National Ambient Air Quality Standard

for ozone, as well as to satisfy the

mandates of the California State Clean

Air Act requirements. They were

submitted in response to the CAA

requirements cited above.

However, subsequent to the complete

submittal of the BAAQMD NOX rules

pursuant to the CAA, the district

applied for an exemption from the NOX

RACT requirements pursuant to section

182(f)(3). The BAAQMD’s exemption

request was submitted along with

amendments to the BAAQMD’s request

for redesignation to attainment of the

ozone standard. The basis for the

BAAQMD’s exemption request was that

the area had achieved the ozone

standard, as demonstrated by three

years of monitoring data, without

having implemented the NOX measures.

While the BAAQMD had adopted and

submitted the measures in response to

both the State and Federal requirements,

the emission reductions obtained by the

rules would not occur until full

implementation in the future. The

district was able to demonstrate with

three years of monitoring data that the

Federal ozone standard was reached

without having implemented the NOX

control measures. Subsequently, EPA

evaluated the exemption request and

published an approval for the

BAAQMD’s petition for a NOX RACT

exemption on May 22, 1995 (60 FR

27028).

While the BAAQMD was no longer

required to submit NOX RACT rules

pursuant to section 182(b)(2), the

BAAQMD incorporated several of the

previously submitted NOX rules as

contingency measures in its ozone

maintenance plan as a requirement for

redesignation to attainment. Since being

redesignated to attainment of the ozone

standard,3 the Bay Area has recorded

violations of the Federal ozone

standard, therefore triggering the

contingency measures of the

maintenance plan. In accordance with

the redesignation maintenance plan,

and at the request of the BAAQMD, EPA

is incorporating the NOX measures into

the SIP. The BAAQMD resubmitted the

contingency measures being acted on in

this document on July 23, 1996. This

action encompasses part of the measures

identified in the plan as contingency

measures.

EPA Evaluation and Action

In determining the approvability of a

NOX rule, EPA must evaluate the rule

for consistency with the requirements of

the CAA and EPA regulations, as found

in section 110, and part D of the CAA

and 40 CFR part 51 (Requirements for

Preparation, Adoption and Submittal of

Implementation Plans). The EPA

interpretation of these requirements,

which forms the basis for this action,

appears in the NOX Supplement and

various EPA policy guidance

documents.4 Among these provisions is

the requirement that a NOX rule must,

at a minimum, provide for the

implementation of RACT for stationary

sources of NOX emissions. However,

because these measures are being

incorporated into the SIP as

maintenance measures for the area’s

redesignation plan, the rules are not

being evaluated for meeting the RACT

emission limits pursuant to section

182(f) of the CAA. Rather, the rules are

being incorporated into the SIP as

attainment maintenance measures for

ozone. They are therefore being

evaluated against the emissions

reductions committed to in the

maintenance plan, and SIP

enforceability guidelines.

EPA is approving these measures,

although some areas for improvement

have been identified. Refer to the

technical support document, dated

January 24, 1997, for further analysis of

the rules and areas identified for

improvement. The BAAQMD rules will

strengthen and maintain the SIP and

together are estimated to achieve 32.4–

34 tons per day of NOX emissions upon

full implementation. EPA has evaluated

the submitted rules and has determined

that they are consistent with the CAA,

EPA regulations and EPA policy.

Therefore, all five rules are being

approved under section 110(k)(3) of the

CAA as meeting the applicable

requirements of section 110(a) and part

D.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

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.

EPA is publishing this document

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective June 16, 1997,

unless, by May 19, 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 then 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 June 16, 1997.

Regulatory Process

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 State

implementation plan revision, the State

and any affected local or tribal

governments have elected to adopt the

program provided for under part D of

the Clean Air Act. These rules may bind

State, local, and tribal governments to
18712 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations

perform certain actions and also require

the private sector to perform certain

duties. The rules being approved 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 direct

final 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.

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

economic 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.

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 affected small entities.

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.

section 7410(a)(2).

Executive Order 12866

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under

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 has exempted this

regulatory action from review under

Executive Order 12866.

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).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Oxides of

nitrogen, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: February 6, 1997.

Felicia Marcus,

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 F—California

2. Section 52.220 is amended by

adding paragraph (c)(239)(i)(D) to read

as follows:

§ 52.220 Identification of Plan.

* * * * *

(c) * * *

(239) * * *

(i) * * *

(D) Bay Area Air Quality Management

District.

(1) Regulation 9, Rule 7, adopted on

September 15, 1993; Regulation 9, Rule

8, adopted on January 20, 1993;

Regulation 9, Rule 9, adopted on

September 21, 1994; Regulation 9, Rule

11, adopted on November 15, 1995;

Regulation 9, Rule 12, adopted on

January 19, 1994.

* * * * *

[FR Doc. 97–9946 Filed 4–16–97; 8:45 am]

BILLING CODE 6560–50–W

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[RI–6972a; FRL–5711–1]

Limited Approval and Limited

Disapproval of Implementation Plans;

Rhode Island

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is issuing a limited

approval, limited disapproval action on

State Implementation Plan (SIP)

revisions submitted by the State of

Rhode Island. The SIP revisions consist

of the State’s 15 Percent Rate of Progress

(ROP) Plan and contingency plan. The

15 percent ROP and contingency plans

were submitted to satisfy CAA

provisions that require ozone

nonattainment areas classified as

moderate and above to devise plans to

reduce volatile organic compound

(VOC) emissions 15 percent by 1996

when compared to a 1990 baseline.

DATES: This rule is effective May 19,

1997.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours, by appointment, at the

Office of Ecosystem Protection,

Environmental Protection Agency,

Region I, One Congress Street, 11th

Floor, Boston, Massachusetts, 02203,

and at the Rhode Island Department of

Environmental Management, Division of

Air Resources, 291 Promenade Street,

Providence, Rhode Island, 02908–5767.

Persons interested in examining these

documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

FOR FURTHER INFORMATION CONTACT:

Robert F. McConnell, Air Quality

Planning Unit, EPA Region I, JFK

Federal Building, Boston,

Massachusetts, 02203; telephone (617)

565–9266.

SUPPLEMENTARY INFORMATION: On

October 30, 1996 (61 FR 55943), EPA

published a notice of proposed

rulemaking (NPR) for the State of Rhode

Island. One portion of the NPR

consisted of a proposed limited

approval, limited disapproval of a

revision to the Rhode Island SIP

establishing a 15 Percent VOC emission

reduction plan and contingency plan.

The formal SIP revision was submitted

by Rhode Island on March 15, 1994 and

updated on May 23, 1994.

The 15 Percent and Contingency

plans submitted by Rhode Island outline