Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations 20099

5. On page 1280, first column,

paragraph (11), lines 3 and 4, are

corrected to read ‘‘filter (i.e., high

efficiency particulate filter) before

release.’’

6. On page 1280, third column,

following the equation, paragraph (a)(1)

is revised to read: ‘‘(1) Check the

respirator to make sure the sampling

probe and line are properly attached to

the facepiece and that the respirator is

fitted with a particulate filter capable of

preventing significant penetration by

the ambient particles used for the fit test

(e.g., NIOSH 42 CFR 84 series 100,

series 99, or series 95 particulate filter)

per manufacturer’s instruction.’’

7. On page 1281, second column,

paragraph (a)(2), line 2, the reference

‘‘¥1.5 mm’’ is corrected to read ‘‘¥15

mm’’.

8. On page 1283, second column,

question 11, lines 6 and 7, are corrected

to read ‘‘d. Any other eye or vision

problem: Yes/No’’.

9. On page 1284, second column, line

17, is corrected to read ‘‘Appendix D to

§ 1910.134 (Mandatory)’’.

§ 1910.1003 13 Carcinogens [Correction]

10. On page 1286, first column after

Table 1, paragraph (c)(4)(iv), lines 5 and

6 are corrected to read: ‘‘use a half-face

filter-type respirator with filters for

dusts, mists, and fumes, or air-purifying

canisters or cartridges. A respirator’’.

§ 1910.1025 Lead [Correction]

11. On page 1287, second column

following Table II, paragraph (f)(1)(i) is

revised to read: ‘‘(i) Periods necessary to

install or implement engineering or

work-practice controls.’’

§ 1910.1028 Benzene [Correction]

12. On page 1289, third column

following Table 2, paragraph (g)(2)(i),

line 2, the reference ‘‘(d)(3)(iii)(b)(1)’’ is

corrected to read ‘‘(d)(3)(iii)(B)(1).’’

§ 1910.1045 Acrylonitrile [Correction]

13. On page 1291, second column

following Table 1, paragraph (h)(2)(i),

line 5, the reference ‘‘(d)(3)(iii)(b)(1)’’ is

corrected to read ‘‘(d)(3)(iii)(B)(1)’’.

§ 1910.1048 Formaldehyde [Correction]

14. On page 1293, second column,

paragraph (g)(2)(i), line 5, the reference

‘‘(d)(3)(iii)(b)(1)’’ is corrected to read

‘‘(d)(3)(iii)(B)(1)’’.

§ 1910.1050 Methylenedianiline

[Correction]

15. On page 1293, first column

following Table 1, paragraph 28, is

revised to read ‘‘28. Section 1910.1050

is amended by removing Appendix E,

and revising paragraph (h) and the first

paragraph of Section III to Appendix A

to read as follows:’’.

§ 1910.1052 Methylene chloride

[Correction]

16. On page 1295, second column

following Table 1, paragraph (g)(1)(i), is

revised to read ‘‘(i) Periods when an

employee’s exposure to MC exceeds the

8-hour TWA PEL, or STEL (for example,

when an employee is using MC in a

regulated area).’’

17. On page 1295, third column

following Table 1, paragraph (g)(2)(i),

line 5, the reference ‘‘(d)(1)(iii))’’ is

corrected to read ‘‘(d)(1)(iii) and

(d)(3)(iii)(B)(1) and (2)).’’

§ 1926.1101 Asbestos [Correction]

18. On page 1298, first and second

columns following Table 1, paragraph

(h)(3)(iv) is revised to read:

‘‘(iv) In addition to the above

selection criteria, when employees are

in a regulated area where Class I work

is being performed, a negative exposure

assessment of the area has not been

produced, and the exposure assessment

of the area indicates the exposure level

will not exceed 1 f/cc as an 8-hour time

weighted average, employers must

provide the employees with one of the

following respirators:

(A) A tight-fitting powered airpurifying respirator equipped with high

efficiency filters;

(B) A full facepiece supplied-air

respirator operated in the pressuredemand mode equipped with HEPA

egress cartridges; or

(C) A full facepiece supplied-air

respirator operated in the pressuredemand mode equipped with an

auxiliary positive pressure selfcontained breathing apparatus. A full

facepiece supplied-air respirator

operated in the pressure-demand mode

equipped with an auxiliary positive

pressure self-contained breathing

apparatus must be provided under such

conditions when the exposure

assessment indicates exposure levels

above 1 f/cc as an 8-hour time weighted

average.’’

Dated: April 15, 1998.

Charles N. Jeffress,

Assistant Secretary of Labor for Occupational

Safety and Health.

[FR Doc. 98–10795 Filed 4–22–98; 8:45 am]

BILLING CODE 4510–26–P

DEPARTMENT OF THE TREASURY

Fiscal Service

31 CFR Part 357

[Department of the Treasury Circular, Public

Debt Series, No. 2–86]

Regulations Governing Book-Entry

Treasury Bonds, Notes, and Bills;

Determination Regarding State Statute

AGENCY: Bureau of the Public Debt,

Fiscal Service, Treasury.

ACTION: Determination of substantially

identical state statute.

SUMMARY: The Department of the

Treasury is announcing that it has

reviewed the recently enacted South

Dakota law adopting Revised Article 8

of the Uniform Commercial Code—

Investment Securities (‘‘Revised Article

8’’) and has determined that it is

substantially identical to the uniform

version of Revised Article 8 for

purposes of interpreting the rules in 31

CFR Part 357, Subpart B (the ‘‘TRADES’’

regulations). Therefore, that portion of

the TRADES rule requiring application

of Revised Article 8 if a state has not

adopted Revised Article 8 will no longer

be applicable for South Dakota.

EFFECTIVE DATE: April 23, 1998.

FOR FURTHER INFORMATION CONTACT: Lisa

A. Crosby, Attorney-Advisor, (202) 219–

3320, or Cynthia E. Reese, Deputy Chief

Counsel, (202) 219–3320.

SUPPLEMENTARY INFORMATION: On August

23, 1996, The Department published a

final rule to govern securities held in

the commercial book-entry system, now

referred to as the Treasury/Reserve

Automated Debt Entry System

(‘‘TRADES’’). 61 FR 43626.

In the commentary to the final

regulations, Treasury stated that for the

28 states that had by then adopted

Revised Article 8, the versions enacted

were ‘‘substantially identical’’ to the

uniform version for purposes of the rule.

Therefore, for those states, that portion

of the TRADES rule requiring

application of Revised Article 8 was not

invoked. Treasury also indicated in the

commentary that as additional states

adopt Revised Article 8, notice would

be provided in the Federal Register as

to whether the enactments are

substantially identical to the uniform

version so that the federal application of

Revised Article 8 would no longer be in

effect for those states. Treasury adopted

this approach in an attempt to provide

certainty in application of the rule in

response to public comments. This

notice addresses the recent adoption of

Article 8 by South Dakota.
20100 Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations

Treasury has reviewed the South

Dakota enactment and has concluded

that it is substantially identical to the

uniform version of Revised Article 8.

Accordingly, if either § 357.10(b) or

§ 357.11(b) directs a person to South

Dakota, the provisions of §§ 357.10(c)

and 357.11(d) of the TRADES rule are

not applicable.

Dated: April 16, 1998.

Van Zeck,

Commissioner of the Public Debt.

[FR Doc. 98–10810 Filed 4–22–98; 8:45 am]

BILLING CODE 4810–39–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[NE 052–1052a; FRL–6002–4]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants; Nebraska; Control of

Landfill Gas Emissions From Existing

Municipal Solid Waste Landfills

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving the

Nebraska plan for implementing the

Municipal Solid Waste (MSW) Landfill

Emission Guideline (EG) at 40 CFR part

60, subpart Cc, which was required

pursuant to section 111(d) of the Clean

Air Act (Act). The state’s plan was

submitted to the EPA on January 6,

1998, in accordance with the

requirements for adoption and submittal

of state plans for designated facilities in

40 CFR part 60, subpart B. The plan

establishes emission limits for existing

MSW landfills, and provides for the

implementation and enforcement of

those limits.

DATES: This action is effective June 22,

1998, unless by May 26, 1998, relevant

adverse comments are received.

ADDRESSES: Comments may be mailed to

Wayne Kaiser, Environmental

Protection Agency, Air Planning and

Development Branch, 726 Minnesota

Avenue, Kansas City, Kansas 66101.

Copies of the documents relevant to

this action are available for public

inspection during normal business

hours at the: Environmental Protection

Agency, Air Planning and Development

Branch, 726 Minnesota Avenue, Kansas

City, Kansas 66101.

FOR FURTHER INFORMATION CONTACT:

Wayne Kaiser at (913) 551–7603.

SUPPLEMENTARY INFORMATION:

I. Background

Under section 111(d) of the Act, the

EPA has established procedures

whereby states submit plans to control

certain existing sources of ‘‘designated

pollutants.’’ Designated pollutants are

defined as pollutants for which a

standard of performance for new

sources applies under section 111, but

which are not ‘‘criteria pollutants’’ (i.e.,

pollutants for which National Ambient

Air Quality Standards are set pursuant

to sections 108 and 109 of the Act). As

required by section 111(d) of the Act,

the EPA established a process at 40 CFR

part 60, subpart B, similar to the process

required by section 110 of the Act

(regarding state implementation plan

approval) which states must follow in

adopting and submitting a section

111(d) plan. Whenever the EPA

promulgates a new source performance

standard (NSPS) that controls a

designated pollutant, the EPA

establishes EGs in accordance with 40

CFR 60.22 which contain information

pertinent to the control of the

designated pollutant from that NSPS

source category (i.e., the ‘‘designated

facility’’ as defined at 40 CFR 60.21(b)).

Thus, a state’s section 111(d) plan for a

designated facility must comply with

the EG for that source category as well

as 40 CFR part 60, subpart B.

On March 12, 1996, the EPA

published an EG for existing MSW

landfills at 40 CFR part 60, subpart Cc

(40 CFR 60.30c through 60.36c) and

NSPS for new MSW landfills at 40 CFR

part 60, subpart WWW (40 CFR 60.750

through 60.759). The pollutant regulated

by the NSPS and EG is MSW landfill

emissions, which contain a mixture of

volatile organic compounds, other

organic compounds, methane, and

hazardous air pollutants. To determine

whether control is required,

nonmethane organic compounds

(NMOC) are measured as a surrogate for

MSW landfill emissions. Thus, NMOC

is considered the designated pollutant.

The designated facility which is subject

to the EG is each existing MSW landfill

(as defined in 40 CFR 60.31c) for which

construction, reconstruction, or

modification was commenced before

May 30, 1991.

Pursuant to 40 CFR 60.23(a), states

were required to submit a plan for the

control of the designated pollutant to

which the EG applies within nine

months after publication of the EG, or

by December 12, 1996. If there were no

designated facilities in the state, then

the state was required to submit a

negative declaration by December 12,

1996.

II. Analysis of State Submittal

The official procedures for adoption

and submittal of state plans are codified

in 40 CFR part 60, subpart B, sections

60.23 through 60.26. Subpart B

addresses public participation, legal

authority, emission standards and other

emission limitations, compliance

schedules, emission inventories, source

surveillance, compliance assurance and

enforcement requirements, and crossreferences to the MSW landfill EG.

On January 6, 1998, the state of

Nebraska submitted its section 111(d)

plan for MSW landfills for

implementing the EPA’s MSW landfill

EG.

The Nebraska plan includes

documentation that all applicable

subpart B requirements have been met.

More detailed information on the

requirements for an approvable plan

and Nebraska’s submittal can be found

in the Technical Support Document

(TSD) accompanying this action, which

is available on request.

The Nebraska plan cross referenced

both the NSPS subpart WWW and EG

subpart Cc to adopt the requirements of

the Federal rule. The state has ensured,

through this cross referencing process,

that all the applicable requirements of

the Federal rule have been adopted into

the state plan. The emission limits,

testing, monitoring, reporting and

recordkeeping requirements, and other

aspects of the Federal rule have been

adopted. Nebraska rule Chapter 18, 004,

contains the applicable requirements.

Nebraska demonstrated that it has the

legal authority to implement and

enforce the applicable requirements.

The state provided evidence that it

complied with the public notice and

comment requirements of 40 CFR part

60, subpart B.

III. Final Action

Based on the rationale discussed

above and in further detail in the TSD

associated with this action, the EPA is

approving Nebraska’s January 6, 1998,

submittal of its section 111(d) plan for

the control of landfill gas from existing

MSW landfills, except those located in

Indian Country.

The EPA is publishing this rule

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, the EPA is publishing a

separate document that will serve as the

proposal to approve the state plan

revision should relevant adverse

comments be filed. This rule will be

effective June 22, 1998, without further