Federal Register / Vol. 63, No. 77 /Wednesday, April 22, 1998 /Rules and Regulations 19825

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 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Particulate

matter, Reporting and recordkeeping

requirements, Sulfur oxides, Volatile

organic compounds.

Dated: February 25, 1998.

William Rice,

Acting Regional Administrator, Region VII.

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 et seq.

Subpart AA—Missouri

2. Section 52.1320 is amended by

adding paragraph (c)(103) to read as

follows:

§ 52.1320 Identification of plan.

* * * * *

(c) * * *

(103) Revisions to the Missouri plan

were submitted by the Governor on

March 20, 1997.

(i) Incorporation by reference.

(A) St. Louis City Ordinance 59270,

Section 4—Definitions, numbers 80.

‘‘Open Burning,’’ 100. ‘‘Refuse,’’ 108.

‘‘Salvage Operation,’’ and 126. ‘‘Trade

Waste’’ only; and Section 12, effective

October 23, 1984.

(B) St. Louis City Permit No. 96–10–

084, issued to Washington University

School of Medicine Medical Waste

Incinerator, 500 S. Euclid Avenue,

effective February 20, 1997.

(C) St. Louis City Permit No. 96–10–

083, issued to Washington University

School of Medicine Pathological

Incinerator, 4566 Scott Avenue,

effective February 20, 1997.

(D) St. Louis City Operating Permit,

issued to St. Louis University Medical

Center Medical Waste Incinerator, 3628

Rutger Avenue, effective August 3,

1992.

(E) Kansas City Air Quality Control

Code C.S. No. 56726, Chapter 8,

Sections: 8–2, definitions for ‘‘Open

burning,’’ ‘‘Refuse,’’ ‘‘Salvage

operation,’’ and ‘‘Trade waste’’; and 8–

4, only, effective August 2, 1984.

(F) Remove St. Louis City Ordinance

50163, effective June 11, 1968.

(G) Remove St. Louis City Ordinance

54699, effective March 27, 1967.

(H) Remove St. Louis County Air

Pollution Control Code SLCRO, Title VI,

Chapter 612, effective February 22,

1967.

(I) Remove Kansas City Air Pollution

Control Code C.S. No. 36539, Chapter

18, except sections: 18.83—Definitions,

subsections (13) ‘‘Incinerators’’ and (15)

‘‘Multiple Chamber Incinerators’’; and

18.91—Incinerators, effective August 31,

1972.

(J) Remove City of Springfield Air

Pollution Control Standard G.O. No.

1890, Chapter 2A, except sections: 2A–

2—Definitions, the definitions for

‘‘Director of Health,’’ ‘‘Existing

Equipment,’’ ‘‘Incinerator,’’ ‘‘Multiplechamber incinerator,’’ ‘‘New

equipment,’’ ‘‘Open burning,’’

‘‘Particulate matter,’’ ‘‘Refuse,’’ and

‘‘Trade waste’’; 2A–25; 2A–34; 2A–35;

2A–36; 2A–37; 2A–38; 2A–51; 2A–55;

and 2A–56, effective October 12, 1969.

[FR Doc. 98–10510 Filed 4–21–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[VT–006–01–1219a; A–1–FRL–5998–1]

Approval and Promulgation of Air

Quality Implementation Plans;

Vermont; VOC Regulations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving State

Implementation Plan (SIP) revisions

submitted by the State of Vermont on

February 4, 1993, August 9, 1993, and

August 10, 1994. These SIP revisions

establish requirements for certain

categories of sources which emit volatile

organic compounds. The intended effect

of this action is to approve these

regulations into the Vermont SIP. This

action is being taken in accordance with

the Clean Air Act (CAA).

DATES: This rule is effective June 22,

1998 without further notice, unless EPA

receives relevant adverse comments by

May 22, 1998. If EPA receives such

comments, then it will publish a timely

document withdrawing this rule.

ADDRESSES: Comments may be mailed to

Susan Studlien, Deputy Director, Office

of Ecosystem Protection (mail code

CAA), U.S. Environmental Protection

Agency, Region I, JFK Federal Building,

Boston, MA 02203. Copies of the

documents relevant to this action are

available for public inspection during

normal business hours, by appointment

at the Office Ecosystem Protection, U.S.

Environmental Protection Agency,

Region I, One Congress Street, 11th

floor, Boston, MA; and Air Pollution

Control Division, Agency of Natural

Resources, Building 3 South, 103 South

Main Street, Waterbury, VT 05676.

FOR FURTHER INFORMATION CONTACT:

Anne E. Arnold, (617) 565–3166.

SUPPLEMENTARY INFORMATION: On

February 4, 1993, August 9, 1993, and

August 10, 1994, the State of Vermont

submitted formal revisions to its State

Implementation Plan (SIP). These SIP

revisions consist of regulations to

reduce volatile organic compound

(VOC) emissions from certain categories

of sources.

I. Summary of SIP revision

Background

On November 15, 1990, amendments

to the 1977 CAA were enacted. Pub. L.

101–549, 104 Stat. 2399, codified at 42

U.S.C. §§ 7401–7671q. Pursuant to the

amended CAA, the entire state of

Vermont was designated as

‘‘unclassifiable/attainment’’ for groundlevel ozone. 56 FR 56694 (Nov. 6, 1991).

Section 184 of the amended CAA,

establishes an Ozone Transport Region

(OTR) which is comprised of several

northeastern states, including Vermont.

Section 184(b) requires that states in the

OTR implement reasonably available

control technology (RACT) for all VOC

sources covered by a Control

Techniques Guideline (CTG) issued

before or after the enactment of the

Clean Air Act Amendments of 1990 and

for all major VOC sources (defined as 50

tons of VOC emissions per year for

sources in the OTR).

A CTG is a document issued by EPA

which establishes a ‘‘presumptive

norm’’ for RACT for a specific VOC

source category. Under the pre-amended

CAA, EPA issued CTG documents for 29

categories of VOC sources. Section 183

of the amended CAA requires that EPA

issue 13 new (i.e., post-1990) CTGs.

Appendix E of the General Preamble of

Title I (57 FR 18077) lists the categories
19826 Federal Register / Vol. 63, No. 77 /Wednesday, April 22, 1998 /Rules and Regulations

for which EPA plans to issue new CTGs.

On November 15, 1993, EPA issued a

CTG for Synthetic Organic Chemical

Manufacturing Industry (SOCMI)

Distillation Operations and Reactor

Processes. Also, on August 27, 1996,

EPA issued a CTG for shipbuilding and

repair operations. In addition, on May

26, 1996, EPA issued a CTG for wood

furniture finishing operations. CTGs for

the remaining Appendix E categories

have not yet been issued.

EPA’s Evaluation of Vermont’s

Submittal

In response to the Section 184(b)

RACT requirement, on April 6, 1992

and August 28, 1992, Vermont

submitted negative declarations for the

following pre-1990 CTG categories:

1. Automobile and Light-Duty Truck Coating

Operations

2. Can Coating

3. Coil Coating

4. Fabric Coating

5. Vinyl Coating

6. Coating of Metal Furniture

7. Coating of Large Appliances

8. Coating of Magnet Wire

9. Petroleum Refinery Sources

10. Leaks from Petroleum Refinery

Equipment

11. Petroleum Liquid Storage in External

Floating Roof Tanks

12. Leaks from Natural Gas/Gasoline

Processing Equipment

13. Manufacture of Synthesized

Pharmaceutical Products

14. Pneumatic Rubber Tire Manufacturing

15. Graphic Arts Systems

16. Petroleum Solvent Dry Cleaners

17. Leaks from Synthetic Organic Chemical,

Polymer, and Resin Manufacturing

Equipment

18. Manufacture of High-Density

Polyethylene, Polypropylene, and

Polystyrene Resins

19. Air Oxidation Processes in the Synthetic

Organic Chemical Manufacturing

Industry

Vermont also submitted negative

declarations regarding several post-1990

CTG categories. On April 20, 1994,

Vermont submitted a negative

declaration for the SOCMI Distillation

Operations and Reactor Processes CTG.

In addition, Vermont submitted a

negative declaration for the

shipbuilding and repair operations CTG

on September 30, 1996.

Through these negative declarations,

the State of Vermont is asserting that

there are no sources within the State

that would be subject to a rule for that

source category. EPA is approving these

negative declarations as meeting the

Section 184(b) RACT requirement for

the source categories listed. However, if

evidence is submitted during the

comment period that there are existing

sources within the State of Vermont

that, for purposes of meeting the RACT

requirement, would be subject to one or

more of these rules, if developed, EPA

would be unable to take final approval

action on the negative declarations.

After submitting the above negative

declarations, Vermont then proceeded

with the process of adopting regulations

to control VOC emissions from the

remaining pre-1990 CTG categories

(which include surface coating

processes, solvent metal cleaning, the

use of cutback asphalt, and gasoline

marketing operations) and from major

non-CTG sources. Vermont’s regulation

for major non-CTG sources, 5–253.20

‘‘Other Sources that Emit Volatile

Organic Compounds,’’ was approved by

EPA on April 9, 1997 (62 FR 17084) and

will not be further discussed in this

document.

The VOC regulations included in

Vermont’s February 4, 1993, August 9,

1993, and August 10, 1994 SIP

submittals which are the subject of

today’s document are listed below.

5–101 Definitions

5–253.1 Petroleum Liquid Storage In Fixed

Roof Tanks

5–253.2 Bulk Gasoline Terminals

5–253.3 Bulk Gasoline Plants

5–253.4 Gasoline Tank Trucks

5–253.5 Stage I Vapor Recovery Controls at

Gasoline Dispensing Facilities

5–253.10 Paper Coating

5–253.12 Coating of Flatwood Paneling

5–253.13 Coating of Miscellaneous Metal

Parts

5–253.14 Solvent Metal Cleaning

5–253.15 Cutback and Emulsified Asphalt

In addition to the above-mentioned

rules, Vermont submitted revisions to

its ‘‘SIP Narrative,’’ which contain

descriptive material on how the state

will implement these rules.

In determining the approvability of a

VOC rule, EPA must evaluate the rule

for consistency with the requirements of

the Act and EPA regulations, as found

in Section 110 and Part D of the Act 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 today’s action,

appears in various EPA policy guidance

documents. For the purpose of assisting

State and local agencies in developing

RACT rules, EPA prepared a series of

Control Technique Guidelines (CTG)

documents. The CTGs are based on the

underlying requirements of the Act and

specify the presumptive norms for

RACT for specific source categories.

EPA has not yet developed CTGs to

cover all sources of VOC emissions.

Further interpretations of EPA policy

are found in 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) and

the existing CTGs. In general, these

guidance documents have been set forth

to ensure that VOC rules are fully

enforceable and strengthen or maintain

the SIP.

EPA has evaluated Vermont’s VOC

regulations and has found that they are

generally consistent with the following

EPA guidance documents: Control of

Volatile Organic Emissions from

Existing Stationary Sources—Volume II:

Surface Coating of Cans, Coils, Paper,

Fabrics, Automobiles, and Light-Duty

Trucks (EPA–450/2–77–008); Control of

Volatile Organic Compounds from Use

of Cutback Asphalt (EPA–450/2–77–

037); Clarification for Final SIP Actions

on Asphalt Regulations (EPA

memorandum, October 4, 1979); Control

of Volatile Organic Emissions from

Storage of Petroleum Liquids in Fixed

Roof Tanks (EPA–450/2–77–036);

Control of Hydrocarbons from Tank

Truck Gasoline Loading Terminals

(EPA–450/2–77–026); Control of

Volatile Organic Emissions from Bulk

Gasoline Plants (EPA–450/2–77–035);

Hydrocarbon Control Strategies for

Gasoline Marketing Operations (EPA–

450/3–78–017); Control of Volatile

Organic Emissions from Existing

Stationary Sources—Volume VII:

Factory Surface Coating of Flat Wood

Paneling (EPA–450/2–78–032); Control

of Volatile Organic Compound

Emissions from Solvent Metal Cleaning

(EPA–450/2–77–022); and Model

Volatile Organic Compound Rules for

Reasonably Available Control

Technology (EPA draft, June 1992). This

finding is supported by Vermont’s SIP

Narrative, in which the State declares

that it will require sources to use EPA

test methods and otherwise exercise any

discretion under its rules in a manner

that is consistent with the CTGs. As

such, EPA believes that the submitted

rules constitute RACT for the applicable

sources.

Vermont’s VOC regulations and EPA’s

evaluation are detailed in a

memorandum, dated [date], entitled

‘‘Technical Support Document—

Vermont—VOC Regulations.’’ Copies of

that document are available, upon

request, from the EPA Regional Office

listed in the ADDRESSES section of this

document.
Federal Register / Vol. 63, No. 77 /Wednesday, April 22, 1998 /Rules and Regulations 19827

II. Final Action

EPA is approving the following

regulations into the Vermont SIP:

5–101 Definitions

5–253.1 Petroleum Liquid Storage in Fixed

Roof Tanks

5–253.2 Bulk Gasoline Terminals

5–253.3 Bulk Gasoline Plants

5–253.4 Gasoline Tank Trucks

5–253.5 Stage I Vapor Recovery Controls at

Gasoline Dispensing Facilities

5–253.10 Paper Coating

5–253.12 Coating of Flatwood Paneling

5–253.13 Coating of Miscellaneous Metal

Parts

5–253.14 Solvent Metal Cleaning

5–253.15 Cutback and Emulsified Asphalt.

In addition to approving these

regulations into Vermont’s SIP, EPA is

also approving revisions to Vermont’s

SIP narrative, as well as negative

declarations submitted by Vermont for

certain CTG categories, as ‘‘additional

material’’ under Section 52.2370.

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 a separate

document in this Federal Register

publication, the EPA is proposing to

approve these SIP revisions should

relevant adverse comments be filed.

This rule will be effective June 22, 1998

without further notice unless, by May

22, 1998, the Agency receives relevant

adverse comments.

If the EPA receives such comments,

then EPA will publish a subsequent

document informing the public that the

rule is withdrawn. All public comments

received will 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 rule will be effective

June 22, 1998.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any State

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.

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

B. 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

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

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 Clean Air Act

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, the

Administrator certifies 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

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255–66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

To reduce the burden of Federal

regulations on States and small

governments, President Clinton issued

Executive Order 12875 on October 26,

1993, entitled ‘‘Enhancing the

Intergovernmental Partnership.’’ Under

Executive Order 12875, EPA may not

issue a regulation which is not required

by statute unless the Federal

Government provides the necessary

funds to pay the direct costs incurred by

the State and small governments or EPA

provides to the Office of Management

and Budget a description of the prior

consultation and communications the

agency has had with representatives of

State and small governments and a

statement supporting the need to issue

the regulation. In addition, Executive

Order 12875 requires EPA to develop an

effective process permitting elected and

other representatives of State and small

governments ‘‘to provide meaningful

and timely input in the development of

regulatory proposals containing

significant unfunded mandates.’’

The present action satisfies the

requirements of Executive Order 12875

because it is required by statute and

because it does not contain a significant

unfunded mandate. Section 110(k) of

the Clean Air Act requires that EPA act

on implementation plans submitted by

states. This rulemaking implements that

statutory command. In addition, this

rule approves preexisting state

requirements and does not impose new

federal mandates binding on State or

small governments.

Under Sections 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.

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 pre-existing 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

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).

E. Petitions for Judicial Review

Under Section 307(b)(1) of the Clean

Air Act, 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
19828 Federal Register / Vol. 63, No. 77 /Wednesday, April 22, 1998 /Rules and Regulations

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).) EPA encourages interested

parties to comment in response to the

proposed rule rather than petition for

judicial review, unless the objection

arises after the comment period allowed

for in the proposal.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone.

Note: Incorporation by reference of the

State Implementation Plan for the State of

Vermont was approved by the Director of the

Federal Register on July 1, 1982.

Dated: April 1, 1998.

John P. DeVillars,

Regional Administrator, Region I.

Part 52 of 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 et seq.

Subpart UU—Vermont

2. Section 52.2370 is amended by

adding paragraph (c)(25) to read as

follows:

§ 52.2370 Identification of plan.

* * * * *

(c) * * *

(25) Revisions to the State

Implementation Plan submitted by the

Vermont Air Pollution Control Division

on February 3, 1993, August 9, 1993,

and August 10, 1994.

(i) Incorporation by reference.

(A) Letters from the Vermont Air

Pollution Control Division dated

February 4, 1993, August 9, 1993, and

August 10, 1994 submitting revisions to

the Vermont State Implementation Plan.

(B) Chapter 5 of the Agency of Natural

Resources Environmental Protection

Regulations, Subsection 5–253.1,

entitled ‘‘Petroleum Liquid Storage in

Fixed Roof Tanks,’’ effective in the State

of Vermont on November 13, 1992.

(C) Chapter 5 of the Agency of Natural

Resources Environmental Protection

Regulations, Subsection 5–253.2,

entitled ‘‘Bulk Gasoline Terminals,’’

effective in the State of Vermont on

November 13, 1992.

(D) Chapter 5 of the Agency of Natural

Resources Environmental Protection

Regulations, Subsection 5–253.3,

entitled ‘‘Bulk Gasoline Plants,’’

effective in the State of Vermont on

November 13, 1992.

(E) Chapter 5 of the Agency of Natural

Resources Environmental Protection

Regulations, Subsection 5–253.4,

entitled ‘‘Gasoline Tank Trucks,’’

effective in the State of Vermont on

November 13, 1992.

(F) Chapter 5 of the Agency of Natural

Resources Environmental Protection

Regulations, Subsection 5–253.5,

entitled ‘‘Stage I Vapor Recovery

Controls at Gasoline Dispensing

Facilities,’’ effective in the State of

Vermont on November 13, 1992.

(G) Chapter 5 of the Agency of Natural

Resources Environmental Protection

Regulations, Subsection 5–253.10,

entitled ‘‘Paper Coating,’’ effective in

the State of Vermont on November 13,

1992.

(H) Chapter 5 of the Agency of Natural

Resources Environmental Protection

Regulations, Subsection 5–253.12,

entitled ‘‘Coating of Flat Wood

Paneling,’’ effective in the State of

Vermont on November 13, 1992.

(I) Chapter 5 of the Agency of Natural

Resources Environmental Protection

Regulations, Subsection 5–253.13,

entitled ‘‘Coating of Miscellaneous

Metal Parts,’’ effective in the State of

Vermont on August 13, 1993.

(J) Chapter 5 of the Agency of Natural

Resources Environmental Protection

Regulations, Subsection 5–253.14,

entitled ‘‘Solvent Metal Cleaning,’’

effective in the State of Vermont on

August 13, 1993.

(K) Chapter 5 of the Agency of Natural

Resources Environmental Protection

Regulations, Subsection 5–253.15,

entitled ‘‘Cutback and Emulsified

Asphalt,’’ effective in the State of

Vermont on August 17, 1994.

(L) Chapter 5 of the Agency of Natural

Resources Environmental Protection

Regulations, Subsection 5–101, entitled

‘‘Definitions,’’ effective in the State of

Vermont on November 13, 1992.

(M) Chapter 5 of the Agency of

Natural Resources Environmental

Protection Regulations, Subsection 5–

101, entitled ‘‘Definitions,’’ effective in

the State of Vermont on August 13,

1993.

(ii) Additional materials.

(A) Vermont Agency of Natural

Resources document entitled ‘‘State of

Vermont: Air Quality Implementation

Plan’’ dated August 1993.

(B) Letter from the Vermont Agency of

Natural Resources dated September 30,

1996 submitting a negative declaration

for the shipbuilding and repair Control

Techniques Guideline (CTG) category.

(C) Letter from the Vermont Agency of

Natural Resources dated April 20, 1994

submitting a negative declaration for the

synthetic organic chemical

manufacturing industry (SOCMI)

distillation and reactor processes CTG

categories.

(D) Letters from the Vermont agency

of Natural Resources dated April 6, 1992

and August 28, 1992 submitting

negative declarations for several pre1990 CTG categories.

(E) Nonregulatory portions of the

submittal.

3. In § 52.2381, Table 52.2381 is

amended by adding a new entry to

existing state citation ‘‘Chapter 5, Air

Pollution Control, Subchapter I,

Definitions, Section 5–101 Definitions’’

and by adding 10 new entries to existing

state citation ‘‘Subchapter II,

Prohibitions’’ to read as follows:

§ 52.2381 EPA—Approved Vermont state

regulations.

* * * * *

TABLE 52.2381—EPA-APPROVED REGULATIONS

[Vermont SIP regulations 1972 to present]

State citation, title and subject Date adopted by State

Date approved by

EPA

Federal Register citation 52.2370 Comments and unapproved

sections

* * * * * * *

Section 5–101 Definitions ........ 10/29/92

7/29/93

4/22/98 [Insert FR citation from published date].

(c)(25) ...... Add definitions associated with

VOC RACT rules.
Federal Register / Vol. 63, No. 77 /Wednesday, April 22, 1998 /Rules and Regulations 19829

TABLE 52.2381—EPA-APPROVED REGULATIONS—Continued

[Vermont SIP regulations 1972 to present]

State citation, title and subject Date adopted by State

Date approved by

EPA

Federal Register citation 52.2370 Comments and unapproved

sections

* * * * * * *

Section 5–253.1 Petroleum

Liquid Storage in Fixed Roof

Tanks.

10/29/92 4/22/98 [Insert FR citation from published date].(c)(25) ......

Section 5–253.2 Bulk Gasoline

Terminals

10/29/92 4/22/98 [Insert FR citation published

date].

(c)(25) ......

Section 5–253.3 Bulk Gasoline

Plants

10/29/92 4/22/98 [Insert FR citation from published date].(c)(25) ......

Section 5–253.4 Gasline Tank

Trucks.

10/29/92 4/22/98 [Insert FR citation from published date].(c)(25) ......

Section 5–253.5 Stage I vapor

recovery controls at gasoline

dispensing facilities.

10/29/92 4/22/98 [Insert FR citation from published date].(c)(25) ......

Section 5–253.10 Paper Coating.10/29/92 4/22/98 [Insert FR citation from published date].(c)(25) ......

Section 5–253.12 Coating of

Flatwood Paneling.

10/29/92 4/22/98 [Insert FR citation from published date].(c)(25) ......

Section 5–252.13 Coating of

Miscellaneous Metal Parts.

7/29/93 4/22/98 [Insert FR citation from published date].(c)(25) ......

Section 5–253.14 Solvent

Metal Cleaning.

7/29/93 4/22/98 [Insert FR citation from published date].(c) 25) ......

Section 5–253.15 Cutback and

Emulsified Asphalt.

8/2/94 4/22/98 [Insert FR citation from published date].(c)(25) ......

* * * * * * *

[FR Doc. 98–10724 Filed 4–21–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300635; FRL–5782–1]

RIN 2070–AB78

Fenoxaprop-ethyl; Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes

tolerances for combined residues of

fenoxaprop-ethyl [ethyl 2-[4-[(6-chloro2-benzoxazolyl) oxy]phenoxy]

propanoate] and its metabolites [2-[4-]

(6-chloro-2-benzoxazolyl)oxy]phenoxy]

propanoic acid and 6-chloro-2,3-

dihydrobenzoxazol-2-one in or on the

following raw agricultural commodities

(RACs): barley, grain at 0.05 parts per

million (ppm), and barley straw at 0.1

ppm. AgrEvo USA Company requested

these tolerances under the Federal Food,

Drug and Cosmetic Act (FFDCA), as

amended by the Food Quality Protection

Act of 1996 (Pub. L. 104–170).

DATES: This regulation is effective April

22, 1998. Objections and requests for

hearings must be received by EPA on or

before June 22, 1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300635],

must be submitted to: Hearing Clerk

(1900), Environmental Protection

Agency, Rm. M3708, 401 M St., SW.,

Washington, DC 20460. Fees

accompanying objections and hearing

requests shall be labeled ‘‘Tolerance

Petition Fees’’ and forwarded to: EPA

Headquarters Accounting Operations

Branch, OPP (Tolerance Fees), P.O. Box

360277M, Pittsburgh, PA 15251. A copy

of any objections and hearing requests

filed with the Hearing Clerk identified

by the docket control number, [OPP–

300635], must also be submitted to:

Public Information and Records

Integrity Branch, Information Resources

and Services Division (7502C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

a copy of objections and hearing

requests to Rm. 119, CM #2, 1921

Jefferson Davis Hwy., Arlington, VA.

A copy of objections and hearing

requests filed with the Hearing Clerk

may also be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Copies of

objections and hearing requests must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Copies of objections and

hearing requests will also be accepted

on disks in WordPerfect 5.1/6.1 or

ASCII file format. All copies of

objections and hearing requests in

electronic form must be identified by

the docket control number [OPP–

300635]. No Confidential Business

Information (CBI) should be submitted

through e-mail. Electronic copies of

objections and hearing requests on this

rule may be filed online at many Federal

Depository Libraries.

FOR FURTHER INFORMATION CONTACT: By

mail: Joanne I. Miller, Product Manager

(PM) 23, Registration Division (7505C),

Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location, telephone number, and

e-mail address: Crystal Mall #2, 1921

Jefferson Davis Hwy., Arlington, VA,

(703) 305–6224, e-mail:

miller.joanne@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of September 17, 1997

(62 FR 48837) (FRL–5741–1), EPA,

issued a notice pursuant to section 408

of the Federal Food, Drug, and Cosmetic

Act (FFDCA), 21 U.S.C. 346a(e)

announcing the filing of a pesticide

petition (PP) for tolerance by AgrEvo

USA Company, Little Falls One, 2711

Centerville Road, Wilmington, DE

19808. This notice included a summary

of the petition prepared by AgrEvo USA

Company, the registrant. There were no