2642 Federal Register / Vol. 63, No. 11 / Friday, January 16, 1998 / Proposed Rules

1The reader may refer to the Notice of Proposed

Rulemaking, December 5, 1991 (56 FR 63774), and

§ 10.1(b). A national bank receiving a

completed MSD–4 form from a person

identified in § 10.1(b) must submit this

form to the OCC before permitting the

person to be associated with it as a

municipal securities principal or a

municipal securities representative.

(b) A national bank must submit Form

MSD–5 (Uniform Termination Notice

for Municipal Securities Principal or

Municipal Securities Representative

Associated with a Bank Municipal

Securities Dealer) to the OCC within 30

days of terminating a person’s

association with the bank as a

municipal securities principal or

municipal securities representative.

(c) Forms MSD–4 and MSD–5, with

instructions, may be obtained by

contacting the OCC at 250 E Street, SW.,

Washington, DC 20219, Attention: Bank

Dealer Activities.

Dated: December 1, 1997.

Eugene A. Ludwig,

Comptroller of the Currency.

[FR Doc. 98–815 Filed 1–15–98; 8:45 am]

BILLING CODE 4810–33–P

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 56, 57, 62, 70, and 71

RIN–AA53

Health Standards for Occupational

Noise Exposure

AGENCY: Mine Safety and Health

Administration (MSHA), Labor.

ACTION: Proposed rule; Extension of

comment period.

SUMMARY: On December 23, 1997,

MSHA published a notice soliciting

comments on a report from the National

Institute for Occupational Safety and

Health (NIOSH) entitled ‘‘Prevalence of

Hearing Loss For Noise-Exposed Metal/

Nonmetal Miners.’’ This notice extends

the original comment period on the

report.

DATES: Submit written comments on the

report on or before February 23, 1998.

ADDRESSES: Comments may be

transmitted by electronic mail, fax, or

mail. Comments by electronic mail must

be clearly identified and sent to:

comments@msha.gov. Faxed comments

must be clearly identified and sent to:

MSHA, Office of Standards,

Regulations, and Variances, 703–235–

5551. Send mail comments to: Mine

Safety and Health Administration,

Office of Standards, Regulations, and

Variances, 4015 Wilson Boulevard,

Room 631, Arlington, VA 22203–1984.

Commenters are encouraged to

supplement written comments with

computer files or disks.

FOR FURTHER INFORMATION CONTACT:

Patricia W. Silvey, Director, MSHA,

Office of Standards, Regulations, and

Variances, 703–235–1910.

SUPPLEMENTARY INFORMATION: On

December 17, 1996, MSHA published a

proposed rule in the Federal Register

(61 FR 66348) revising its health

standards for occupational noise

exposure in coal and metal and

nonmetal mines.

On December 16, 1997, MSHA

published a notice in the Federal

Register (62 FR 65777) announcing the

availability of a report from NIOSH

entitled ‘‘Prevalence of Hearing Loss For

Noise-Exposed Metal/Nonmetal

Miners.’’ The Agency further stated its

intent to supplement the rulemaking

record with this report and to make it

available to interested parties upon

request.

MSHA received several requests from

the mining community that they be

provided an opportunity to comment on

the report. On December 23, 1997,

MSHA published a notice in the Federal

Register (62 FR 67013) allowing the

public 30 days in which to review the

report and submit comments.

In response to a request from the

mining community, MSHA is extending

this comment period an additional 30

days to February 23, 1998. Interested

persons are encouraged to submit

comments by this date.

Dated: January 12, 1998.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

[FR Doc. 98–1139 Filed 1–15–98; 8:45 am]

BILLING CODE 4510–43–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 55

[FRL–5950–9]

Outer Continental Shelf Air

Regulations Consistency Update for

California

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule; consistency

update.

SUMMARY: EPA is proposing to update a

portion of the Outer Continental Shelf

(OCS) Air Regulations. Requirements

applying to OCS sources located within

25 miles of states’ seaward boundaries

must be updated periodically to remain

consistent with the requirements of the

corresponding onshore area (COA), as

mandated by section 328(a)(1) of the

Clean Air Act, as amended in 1990 (the

Act). The portion of the OCS air

regulations that is being updated

pertains to the requirements for OCS

sources for which the Santa Barbara

County Air Pollution Control District

(Santa Barbara County APCD) and South

Coast Air Quality Management District

(South Coast AQMD) are the designated

COAs. The intended effect of approving

the OCS requirements for the above

Districts, contained in the Technical

Support Document, is to regulate

emissions from OCS sources in

accordance with the requirements

onshore. The changes to the existing

requirements discussed below are

proposed to be incorporated by

reference into the Code of Federal

Regulations and are listed in the

appendix to the OCS air regulations.

DATES: Comments on the proposed

update must be received on or before

February 17, 1998.

ADDRESSES: Comments must be mailed

(in duplicate if possible) to: EPA Air

Docket (Air-4), Attn: Docket No. A–93–

16 Section XVI, Environmental

Protection Agency, Air Division, Region

9, 75 Hawthorne St., San Francisco, CA

94105.

Docket: Supporting information used

in developing the rule and copies of the

documents EPA is proposing to

incorporate by reference are contained

in Docket No. A–93–16 Section XVI.

This docket is available for public

inspection and copying Monday–Friday

during regular business hours at the

following locations:

EPA Air Docket (Air-4), Attn: Docket

No. A–93–16 Section XVI,

Environmental Protection Agency, Air

Division, Region 9, 75 Hawthorne St.,

San Francisco, CA 94105.

EPA Air Docket (LE–131), Attn: Air

Docket No. A–93–16 Section XVI,

Environmental Protection Agency, 401

M Street SW, Room M–1500,

Washington, DC 20460.

A reasonable fee may be charged for

copying.

FOR FURTHER INFORMATION CONTACT:

Christine Vineyard, Air Division (Air-4),

U.S. EPA Region 9, 75 Hawthorne

Street, San Francisco, CA 94105, (415)

744–1197.

SUPPLEMENTARY INFORMATION:

I. Background

On September 4, 1992, EPA

promulgated 40 CFR part 55 1, which
Federal Register / Vol. 63, No. 11 / Friday, January 16, 1998 / Proposed Rules 2643

the preamble to the final rule promulgated

September 4, 1992 (57 FR 40792) for further

background and information on the OCS

regulations.

2Each COA which has been delegated the

authority to implement and enforce part 55, will

use its administrative and procedural rules as

onshore. However, in those instances where EPA

has not delegated authority to implement and

enforce part 55, EPA will use its own administrative

and procedural requirements to implement the

substantive requirements. 40 CFR 55.14(c)(4).

established requirements to control air

pollution from OCS sources in order to

attain and maintain federal and state

ambient air quality standards and to

comply with the provisions of part C of

title I of the Act. Part 55 applies to all

OCS sources offshore of the States

except those located in the Gulf of

Mexico west of 87.5 degrees longitude.

Section 328 of the Act requires that for

such sources located within 25 miles of

a state’s seaward boundary, the

requirements shall be the same as would

be applicable if the sources were located

in the COA. Because the OCS

requirements are based on onshore

requirements, and onshore requirements

may change, section 328(a)(1) requires

that EPA update the OCS requirements

as necessary to maintain consistency

with onshore requirements.

Pursuant to section 55.12 of the OCS

rule, consistency reviews will occur (1)

at least annually; (2) upon receipt of a

Notice of Intent under section 55.4; or

(3) when a state or local agency submits

a rule to EPA to be considered for

incorporation by reference in part 55.

This proposed action is being taken in

response to the submittal of rules by two

local air pollution control agencies.

Public comments received in writing

within 30 days of publication of this

document will be considered by EPA

before publishing a final rule.

Section 328(a) of the Act requires that

EPA establish requirements to control

air pollution from OCS sources located

within 25 miles of states’ seaward

boundaries that are the same as onshore

requirements. To comply with this

statutory mandate, EPA must

incorporate applicable onshore rules

into part 55 as they exist onshore. This

limits EPA’s flexibility in deciding

which requirements will be

incorporated into part 55 and prevents

EPA from making substantive changes

to the requirements it incorporates. As

a result, EPA may be incorporating rules

into part 55 that do not conform to all

of EPA’s state implementation plan

(SIP) guidance or certain requirements

of the Act. Consistency updates may

result in the inclusion of state or local

rules or regulations into part 55, even

though the same rules may ultimately be

disapproved for inclusion as part of the

SIP. Inclusion in the OCS rule does not

imply that a rule meets the requirements

of the Act for SIP approval, nor does it

imply that the rule will be approved by

EPA for inclusion in the SIP.

II. EPA Evaluation and Proposed

Action

In updating 40 CFR part 55, EPA

reviewed the rules submitted for

inclusion in part 55 to ensure that they

are rationally related to the attainment

or maintenance of federal or state

ambient air quality standards or part C

of title I of the Act, that they are not

designed expressly to prevent

exploration and development of the

OCS and that they are applicable to OCS

sources. 40 CFR 55.1. EPA has also

evaluated the rules to ensure they are

not arbitrary or capricious. 40 CFR

55.12(e). In addition, EPA has excluded

administrative or procedural rules,2 and

requirements that regulate toxics which

are not related to the attainment and

maintenance of federal and state

ambient air quality standards.

A. After review of the rule submitted

by Santa Barbara County APCD against

the criteria set forth above and in 40

CFR part 55, EPA is proposing to make

the following rule revision applicable to

OCS sources for which the Santa

Barbara County APCD is designated as

the COA:

Rule 321 Solvent Cleaning Operations

(Adopted 9/18/97)

B. After review of the rules submitted

by South Coast AQMD against the

criteria set forth above and in 40 CFR

part 55, EPA is proposing to make the

following rules applicable to OCS

sources for which the South Coast

AQMD is designated as the COA.

1. The following rules were submitted

as revisions to existing requirements:

Rule 102 Definition of Terms (Adopted

6/13/97)

Rule 301 Permit Fees (Adopted 5/9/97)

except (e)(6) and Table IV

Rule 304 Equipment, Materials, and

Ambient Air Analyses (Adopted 5/

9/97)

Rule 304.1 Analyses Fees (Adopted 5/

9/97)

Rule 306 Plan Fees (Adopted 5/9/97)

Rule 309 Fees for Regulation XVI

Plans (Adopted 5/9/97)

Rule 701 Air Pollution Emergency

Contingency Actions (Adopted 6/

13/97)

Rule 1122 Solvent Degreasers

(Adopted 7/11/97)

Rule 1134 Emissions of Oxides of

Nitrogen from Stationary Gas

Turbines (Adopted 8/8/97)

Rule 1168 Control of Volatile Organic

Compound Emissions from

Adhesive Application (Adopted 4/

11/97)

Rule 1610 Old-Vehicle Scrapping

(Adopted 5/5/97)

Rule 2000 General (Adopted 4/11/97)

Rule 2011 Requirements for

Monitoring, Reporting, and

Recordkeeping for Oxides of Sulfur

(SOX) Emissions (Adopted 4/11/97)

Rule 2012 Requirement for

Monitoring, Reporting, and

Recordkeeping for Oxides of

Nitrogen (NOX) Emissions (Adopted

4/11/97)

2. The following new rule was

submitted:

Rule 2100 Registration of Portable

Equipment (Adopted 7/1/97)

3. The following rules were submitted

but will not be included because either

they do not apply to OCS Sources or are

administrative/procedural rules:

Rule 303 Hearing Board Fees (Adopted

5/9/97)

Rule 308 On-Road Motor Vehicle

Mitigation Options Fees (Adopted

5/9/97)

Rule 311 Air Quality Investment

Programs (AQIP) Fees (Adopted 5/

9/97)

Rule 1421 Control of

Perchloroethylene Emissions from

Dry Cleaning Operations (Adopted

6/13/97)

Rule 2501 Air Quality Investment

Program (Adopted 5/9/97)

Rule 2506 Area Source Credits for

NOX and SOX (Adopted 4/11/97)

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
2644 Federal Register / Vol. 63, No. 11 / Friday, January 16, 1998 / Proposed Rules

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

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

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,

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 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 Federal 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

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).

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 March 17, 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 55

Environmental protection,

Administrative practice and procedures,

Air pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Nitrogen oxides, Outer

Continental Shelf, Ozone, Particulate

matter, Permits, Reporting and

recordkeeping requirements, and Sulfur

oxides.

Dated: December 22, 1997.

Felicia Marcus,

Regional Administrator, Region IX.

Title 40 of the Code of Federal

Regulations, part 55, is proposed to be

amended as follows:

PART 55—[AMENDED]

1. The authority citation for part 55

continues to read as follows:

Authority: Section 328 of the Clean Air Act

(42 U.S.C. 7401 et seq.) as amended by Public

Law 101–549.

2. Section 55.14 is proposed to be

amended by revising paragraphs

(e)(3)(ii)(F) and (e)(3)(ii)(G) to read as

follows:

§ 55.14 Requirements that apply to OCS

sources located within 25 miles of states

seaward boundaries, by state.

* * * * *

(e) * * *

(3) * * *

(ii) * * *

(F) Santa Barbara County Air Pollution

Control District Requirements Applicable to

OCS Sources.

(G) South Coast Air Quality Management

District Requirements Applicable to OCS

Sources (Part I and Part II).

* * * * *

Appendix to Part 55—[Amended]

3. Appendix A to CFR Part 55 is

proposed to be amended by revising

paragraph (b)(6) and (7) under the

heading ‘‘California’’ to read as follows:

Appendix A to 40 CFR Part 55—Listing of

State and Local Requirements Incorporated

by Reference Into Part 55, by State

* * * * *

California

* * * * *

(b) Local requirements.

* * * * *

(6) The following requirements are

contained in Santa Barbara County Air

Pollution Control District Requirements

Applicable to OCS Sources:

Rule 102 Definitions (Adopted 4/17/97)

Rule 103 Severability (Adopted 10/23/78)

Rule 201 Permits Required (Adopted 4/17/

97)

Rule 202 Exemptions to Rule 201 (Adopted

4/17/97)

Rule 203 Transfer (Adopted 4/17/97)

Rule 204 Applications (Adopted 4/17/97)

Rule 205 Standards for Granting

Applications (Adopted 4/17/97)

Rule 206 Conditional Approval of

Authority to Construct or Permit to

Operate (Adopted 10/15/91)

Rule 207 Denial of Application (Adopted

10/23/78)

Rule 210 Fees (Adopted 4/17/97)

Rule 212 Emission Statements (Adopted 10/

20/92)

Rule 301 Circumvention (Adopted 10/23/

78)

Rule 302 Visible Emissions (Adopted 10/

23/78)

Rule 304 Particulate Matter—Northern

Zone (Adopted 10/23/78)

Rule 305 Particulate Matter

Concentration—Southern Zone (Adopted

10/23/78)

Rule 306 Dust and Fumes—Northern Zone

(Adopted 10/23/78)

Rule 307 Particulate Matter Emission

Weight Rate—Southern Zone (Adopted

10/23/78)

Rule 308 Incinerator Burning (Adopted 10/

23/78)

Rule 309 Specific Contaminants (Adopted

10/23/78)

Rule 310 Odorous Organic Sulfides

(Adopted 10/23/78)

Rule 311 Sulfur Content of Fuels (Adopted

10/23/78)

Rule 312 Open Fires (Adopted 10/2/90)

Rule 316 Storage and Transfer of Gasoline

(Adopted 4/17/97)

Rule 317 Organic Solvents (Adopted 10/23/

78)

Rule 318 Vacuum Producing Devices or

Systems—Southern Zone (Adopted 10/

23/78)

Rule 321 Solvent Cleaning Operations

(Adopted 9/18/97)

Rule 322 Metal Surface Coating Thinner

and Reducer (Adopted 10/23/78)

Rule 323 Architectural Coatings (Adopted

7/18/96)

Rule 324 Disposal and Evaporation of

Solvents (Adopted 10/23/78)

Rule 325 Crude Oil Production and

Separation (Adopted 1/25/94) Rule 326

Storage of Reactive Organic Liquid

Compounds (Adopted 12/14/93)

Rule 327 Organic Liquid Cargo Tank Vessel

Loading (Adopted 12/16/85)

Rule 328 Continuous Emission Monitoring

(Adopted 10/23/78)

Rule 330 Surface Coating of Miscellaneous

Metal Parts and Products (Adopted 4/21/

95)
Federal Register / Vol. 63, No. 11 / Friday, January 16, 1998 / Proposed Rules 2645

Rule 331 Fugitive Emissions Inspection and

Maintenance (Adopted 12/10/91)

Rule 332 Petroleum Refinery Vacuum

Producing Systems, Wastewater

Separators and Process Turnarounds

(Adopted 6/11/79)

Rule 333 Control of Emissions from

Reciprocating Internal Combustion

Engines (Adopted 4/17/97)

Rule 342 Control of Oxides of Nitrogen

(NOX) from Boilers, Steam Generators

and Process Heaters) (Adopted 4/17/97)

Rule 343 Petroleum Storage Tank Degassing

(Adopted 12/14/93)

Rule 344 Petroleum Sumps, Pits, and Well

Cellars (Adopted 11/10/94)

Rule 359 Flares and Thermal Oxidizers (6/

28/94)

Rule 370 Potential to Emit—Limitations for

Part 70 Sources (Adopted 6/15/95)

Rule 505 Breakdown Conditions Sections

A., B.1., and D. only (Adopted 10/23/78)

Rule 603 Emergency Episode Plans

(Adopted 6/15/81)

Rule 702 General Conformity (Adopted 10/

20/94)

Rule 801 New Source Review (Adopted 4/

17/97)

Rule 802 Nonattainment Review (Adopted

4/17/97)

Rule 803 Prevention of Significant

Deterioration (Adopted 4/17/97)

Rule 804 Emission Offsets (Adopted 4/17/

97)

Rule 805 Air Quality Impact Analysis and

Modeling (Adopted 4/17/97)

Rule 1301 Part 70 Operating Permits—

General Information (Adopted 4/17/97)

Rule 1302 Part 70 Operating Permits—

Permit Application (Adopted 11/09/93)

Rule 1303 Part 70 Operating Permits—

Permits (Adopted 11/09/93)

Rule 1304 Part 70 Operating Permits—

Issuance, Renewal, Modification and

Reopening (Adopted 11/09/93)

Rule 1305 Part 70 Operating Permits—

Enforcement (Adopted 11/09/93)

(7) The following requirements are

contained in South Coast Air Quality

Management District Requirements

Applicable to OCS Sources:

Rule 102 Definition of Terms (Adopted 6/

13/97)

Rule 103 Definition of Geographical Areas

(Adopted 1/9/76)

Rule 104 Reporting of Source Test Data and

Analyses (Adopted 1/9/76)

Rule 108 Alternative Emission Control

Plans (Adopted 4/6/90)

Rule 109 Recordkeeping for Volatile

Organic Compound Emissions (Adopted

3/6/92)

Rule 201 Permit to Construct (Adopted 1/5/

90)

Rule 201.1 Permit Conditions in Federally

Issued Permits to Construct (Adopted 1/

5/90)

Rule 202 Temporary Permit to Operate

(Adopted 5/7/76)

Rule 203 Permit to Operate (Adopted 1/5/

90)

Rule 204 Permit Conditions (Adopted 3/6/

92)

Rule 205 Expiration of Permits to Construct

(Adopted 1/5/90)

Rule 206 Posting of Permit to Operate

(Adopted 1/5/90)

Rule 207 Altering or Falsifying of Permit

(Adopted 1/9/76)

Rule 208 Permit for Open Burning

(Adopted 1/5/90)

Rule 209 Transfer and Voiding of Permits

(Adopted 1/5/90)

Rule 210 Applications (Adopted 1/5/90)

Rule 212 Standards for Approving Permits

(Adopted 8/12/94) except (c)(3) and (e)

Rule 214 Denial of Permits (Adopted 1/5/

90)

Rule 217 Provisions for Sampling and

Testing Facilities (Adopted 1/5/90)

Rule 218 Stack Monitoring (Adopted 8/7/

81)

Rule 219 Equipment Not Requiring a

Written Permit Pursuant to Regulation II

(Adopted 12/13/96)

Rule 220 Exemption—Net Increase in

Emissions (Adopted 8/7/81)

Rule 221 Plans (Adopted 1/4/85)

Rule 301 Permit Fees (Adopted 5/9/97)

except (e)(6) and Table IV

Rule 304 Equipment, Materials, and

Ambient Air Analyses (Adopted 5/9/97)

Rule 304.1 Analyses Fees (Adopted 5/9/97)

Rule 305 Fees for Acid Deposition

(Adopted 10/4/91)

Rule 306 Plan Fees (Adopted 5/9/97)

Rule 309 Fees for Regulation XVI Plans

(Adopted 5/9/97)

Rule 401 Visible Emissions (Adopted 4/7/

89)

Rule 403 Fugitive Dust (Adopted 2/14/97)

Rule 404 Particulate Matter—Concentration

(Adopted 2/7/86)

Rule 405 Solid Particulate Matter—Weight

(Adopted 2/7/86)

Rule 407 Liquid and Gaseous Air

Contaminants (Adopted 4/2/82)

Rule 408 Circumvention (Adopted 5/7/76)

Rule 409 Combustion Contaminants

(Adopted 8/7/81)

Rule 429 Start-Up and Shutdown

Provisions for Oxides of Nitrogen

(Adopted 12/21/90)

Rule 430 Breakdown Provisions, (a) and (e)

only (Adopted 7/12/96)

Rule 431.1 Sulfur Content of Gaseous Fuels

(Adopted 10/2/92)

Rule 431.2 Sulfur Content of Liquid Fuels

(Adopted 5/4/90)

Rule 431.3 Sulfur Content of Fossil Fuels

(Adopted 5/7/76)

Rule 441 Research Operations (Adopted 5/

7/76)

Rule 442 Usage of Solvents (Adopted 3/5/

82)

Rule 444 Open Fires (Adopted 10/2/87)

Rule 463 Organic Liquid Storage (Adopted

3/11/94)

Rule 465 Vacuum Producing Devices or

Systems (Adopted 11/1/91)

Rule 468 Sulfur Recovery Units (Adopted

10/8/76)

Rule 473 Disposal of Solid and Liquid

Wastes (Adopted 5/7/76)

Rule 474 Fuel Burning Equipment-Oxides

of Nitrogen (Adopted 12/4/81)

Rule 475 Electric Power Generating

Equipment (Adopted 8/7/78)

Rule 476 Steam Generating Equipment

(Adopted 10/8/76)

Rule 480 Natural Gas Fired Control Devices

(Adopted 10/7/77)

Addendum to Regulation IV (Effective 1977)

Rule 518 Variance Procedures for Title V

Facilities (Adopted 8/11/95)

Rule 518.1 Permit Appeal Procedures for

Title V Facilities (Adopted 8/11/95)

Rule 518.2 Federal Alternative Operating

Conditions (Adopted 1/12/96)

Rule 701 Air Pollution Emergency

Contingency Actions (Adopted 6/13/97)

Rule 702 Definitions (Adopted 7/11/80)

Rule 704 Episode Declaration (Adopted 7/

9/82)

Rule 707 Radio—Communication System

(Adopted 7/11/80)

Rule 708 Plans (Adopted 7/9/82)

Rule 708.1 Stationary Sources Required to

File Plans (Adopted 4/4/80)

Rule 708.2 Content of Stationary Source

Curtailment Plans (Adopted 4/4/80)

Rule 708.4 Procedural Requirements for

Plans (Adopted 7/11/80)

Rule 709 First Stage Episode Actions

(Adopted 7/11/80)

Rule 710 Second Stage Episode Actions

(Adopted 7/11/80)

Rule 711 Third Stage Episode Actions

(Adopted 7/11/80)

Rule 712 Sulfate Episode Actions (Adopted

7/11/80)

Rule 715 Burning of Fossil Fuel on Episode

Days (Adopted 8/24/77)

Regulation IX—New Source Performance

Standards (Adopted 4/8/94)

Rule 1106 Marine Coatings Operations

(Adopted 1/13/95)

Rule 1107 Coating of Metal Parts and

Products (Adopted 3/8/96)

Rule 1109 Emissions of Oxides of Nitrogen

for Boilers and Process Heaters in

Petroleum Refineries (Adopted 8/5/88)

Rule 1110 Emissions from Stationary

Internal Combustion Engines

(Demonstration) (Adopted 11/6/81)

Rule 1110.1 Emissions from Stationary

Internal Combustion Engines (Adopted

10/4/85)

Rule 1110.2 Emissions from Gaseous and

Liquid-Fueled Internal Combustion

Engines (Adopted 12/9/94)

Rule 1113 Architectural Coatings (Adopted

11/8/96)

Rule 1116.1 Lightering Vessel Operations—

Sulfur Content of Bunker Fuel (Adopted

10/20/78)

Rule 1121 Control of Nitrogen Oxides from

Residential-Type Natural Gas-Fired

Water Heaters (Adopted 3/10/95)

Rule 1122 Solvent Degreasers (Adopted 7/

11/97)

Rule 1123 Refinery Process Turnarounds

(Adopted 12/7/90)

Rule 1129 Aerosol Coatings (Adopted 3/8/

96)

Rule 1134 Emissions of Oxides of Nitrogen

from Stationary Gas Turbines (Adopted

8/8/97)

Rule 1136 Wood Products Coatings

(Adopted 6/14/96)

Rule 1140 Abrasive Blasting (Adopted 8/2/

85)

Rule 1142 Marine Tank Vessel Operations

(Adopted 7/19/91)
2646 Federal Register / Vol. 63, No. 11 / Friday, January 16, 1998 / Proposed Rules

Rule 1146 Emissions of Oxides of Nitrogen

from Industrial, Institutional, and

Commercial Boilers, Steam Generators,

and Process Heaters (Adopted 5/13/94)

Rule 1146.1 Emission of Oxides of Nitrogen

from Small Industrial, Institutional, and

Commercial Boilers, Steam Generators,

and Process Heaters (Adopted 5/13/94)

Rule 1148 Thermally Enhanced Oil

Recovery Wells (Adopted 11/5/82)

Rule 1149 Storage Tank Degassing

(Adopted 4/1/88)

Rule 1168 Control of Volatile Organic

Compound Emissions from Adhesive

Application (Adopted 4/11/97)

Rule 1171 Solvent Cleaning Operations

(Adopted 9/13/96)

Rule 1173 Fugitive Emissions of Volatile

Organic Compounds (Adopted 5/13/94)

Rule 1176 VOC Emissions from Wastewater

Systems (Adopted 9/13/96)

Rule 1301 General (Adopted 6/28/90)

Rule 1302 Definitions (Adopted 5/3/91)

Rule 1303 Requirements (Adopted 5/10/96)

Rule 1304 Exemptions (Adopted 6/14/96)

Rule 1306 Emission Calculations (Adopted

6/14/96)

Rule 1313 Permits to Operate (Adopted 6/

28/90)

Rule 1403 Asbestos Emissions from

Demolition/Renovation Activities

(Adopted 4/8/94)

Rule 1605 Credits for the Voluntary Repair

of On-Road Vehicles Identified Through

Remote Sensing Devices (Adopted 10/

11/96)

Rule 1610 Old-Vehicle Scrapping (Adopted

5/5/97)

Rule 1701 General (Adopted 1/6/89)

Rule 1702 Definitions (Adopted 1/6/89)

Rule 1703 PSD Analysis (Adopted 10/7/88)

Rule 1704 Exemptions (Adopted 1/6/89)

Rule 1706 Emission Calculations (Adopted

1/6/89)

Rule 1713 Source Obligation (Adopted 10/

7/88)

Regulation XVII Appendix (effective 1977)

Rule 1901 General Conformity (Adopted 9/

9/94)

Rule 2000 General (Adopted 4/11/97)

Rule 2001 Applicability (Adopted 2/14/97)

Rule 2002 Allocations for Oxides of

Nitrogen (NOx) and Oxides of Sulfur

(SOx) Emissions (Adopted 2/14/97)

Rule 2004 Requirements (Adopted 7/12/96)

except (1) (2 and 3)

Rule 2005 New Source Review for

RECLAIM (Adopted 2/14/97) except (i)

Rule 2006 Permits (Adopted 10/15/93)

Rule 2007 Trading Requirements (Adopted

10/15/93)

Rule 2008 Mobile Source Credits (Adopted

10/15/93)

Rule 2010 Administrative Remedies and

Sanctions (Adopted 10/15/93)

Rule 2011 Requirements for Monitoring,

Reporting, and Recordkeeping for Oxides

of Sulfur (SOx) Emissions (Adopted 4/

11/97)

Appendix A Volume IV—(Protocol for

oxides of sulfur) (Adopted 3/10/95)

Rule 2012 Requirements for Monitoring,

Reporting, and Recordkeeping for Oxides

of Nitrogen (NOx) Emissions (Adopted 4/

11/97)

Appendix A Volume V—(Protocol for

oxides of nitrogen) (Adopted 3/10/95)

Rule 2015 Backstop Provisions (Adopted 2/

14/97) except (b)(1)(G) and (b)(3)(B)

Rule 2100 Registration of Portable

Equipment (Adopted 7/1/97)

XXX Title V Permits (Adopted 8/11/95)

XXXI Acid Rain Permit Program (Adopted

2/10/95)

* * * * *

[FR Doc. 98–1137 Filed 1–15–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 440

[WH–FRL–5937–6]

Withdrawal of Amendment to Ore

Mining and Dressing Point Source

Category; Effluent Limitations

Guidelines and New Source

Performance Standards

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule; withdrawal.

SUMMARY: EPA is withdrawing a

proposed rule published in the Federal

Register on February 12, 1996 (61 FR

5364). The proposed rule would have

amended the applicability of certain

effluent limitations guidelines and new

source performance standards governing

mines with froth-flotation mills to the

Alaska-Juneau (A–J) gold mine project

near Juneau, Alaska. Specifically, EPA

proposed to exempt dewatered tailings

produced by the proposed A–J mine and

mill from effluent guidelines based on

best practicable control technology

(BPT) and best available control

technology economically achievable

(BAT), and from new source

performance standards (NSPS) that

appear at 40 CFR part 440, subpart J.

EPA also proposed that a definition of

‘‘dewatered tailings’’ be added to 40

CFR part 440, subpart L.

DATES: This proposed rule is withdrawn

as of January 16, 1998.

ADDRESSES: Supporting information

used in developing the proposed rule,

including studies prepared as part of a

supplemental environmental impact

statement prepared on the A–J project

and comments received during the

period for public comment on the

proposed rule, are available for public

inspection and copying at the EPA

Water Docket at Headquarters,

Waterside Mall, Room M2616, 401 M

Street, SW., Washington DC 20460. For

access to the Docket materials, call (202)

260–3027 between 9:00 a.m. and 3:30

p.m. for an appointment. A reasonable

fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT:

For information concerning the

proposed rule that is being withdrawn,

you may contact Ronald G. Kirby,

Address: Engineering and Analysis

Division (Mail Code 4303), 401 M Street

SW., Washington, DC 20460; Telephone

Number: (202) 260–7168; Facsimile

Number: (202) 260–7185 or by e-mail at

kirby.ronald@epamail,epa.gov.

SUPPLEMENTARY INFORMATION: The

proposed rule would have excluded

mill tailings from the definition of

process wastewater, thereby exempting

dewatered tailings from the no

discharge requirement and in turn allow

consideration of other disposal

technologies. Process wastewaters

separated from the dewatered tailings

and mine drainage wastewater would

have continued to be covered by the

Subpart. In addition, EPA solicited

comments on whether other mine sites

exhibit extreme environmental

conditions such as those at the A–J mine

site. This information was requested

because the A–J mine site was the only

site known to EPA that might warrant

an exemption from the current Subpart

J regulations as a result of extreme

environmental conditions. In addition,

EPA solicited information on the types

of criteria that could be used to establish

a more general exemption from the

requirements of subpart J than that

proposed for the A–J site, in the event

that additional, potentially eligible sites

were identified. However, very little

information was submitted during the

comment period that warrants further

EPA review regarding any other site or

criteria.

On January 14, 1997, Echo Bay Mines

announced that it would terminate its

development plans for the A–J mine

project. EPA has concluded, in light of

the closure of the A–J mine project and

the lack of information about other mine

sites exhibiting similarly extreme

environmental conditions, that it is

unnecessary to continue this rulemakig.

Therefore, EPA withdraws the proposed

rule.

Dated: December 15, 1997.

Carol M. Browner,

Administrator.

[FR Doc. 98–1115 Filed 1–15–98; 8:45 am]

BILLING CODE 6560–50–M