26460 Federal Register / Vol. 63, No. 92 /Wednesday, May 13, 1998 /Rules and Regulations

TABLE 52.1525.—EPA—APPROVED RULES AND REGULATIONS—NEW HAMPSHIRE

Title/subject State citation

chapter

Date adopted

by State

Date approved

by EPA

Federal Register

citation 52.1520 Comments

* * * * * * *

Source specific

order.

Order ARD–97–

001.

04/14/97 5/13/98 [Insert FR citation

from published

date].

(c)(54) Source specific NOX RACT order for

Public Service of New Hampshire

in Bow, NH.

Source specific

order.

Order ARD–95–

011.

05/06/97 5/13/98 [Insert FR citation

from published

date].

(c)(54) Source specific NOX RACT order for

Hampshire Chemical Corporation

in Nashua, NH.

Source specific

order.

Order ARD–97–

003.

9/24/97 5/13/98 [Insert FR citation

from published

date].

(c)(54) Source specific NOX RACT order for

Crown Vantage in Berlin, NH.

* * * * * * *

[FR Doc. 98–12716 Filed 5–12–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OR 66–7281a; FRL–6006–8]

Approval and Promulgation of

Implementation Plans: Oregon

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: Environmental Protection

Agency (EPA) approves Oregon

Department of Environmental Quality’s

(ODEQ) new sections to Division 30 as

submitted on June 1, 1995, and

revisions to Divisions 20, 21, 22, 25, and

30, as submitted on January 22, 1997,

for inclusion into their State

Implementation Plan (SIP).

DATES: This rule is effective without

further notice on July 13, 1998, unless

the Agency receives relevant adverse

comment by June 12, 1998. Should the

Agency receive such comments, it will

publish a timely withdrawal informing

the public that this rule will not take

effect.

ADDRESSES: Written comments should

be addressed to: Montel Livingston, SIP

Manager, Office of Air Quality (OAQ–

107), EPA, 1200 Sixth Avenue, Seattle,

Washington 98101. Documents which

are incorporated by reference are

available for public inspection at the Air

and Radiation Docket and Information

Center, Environmental Protection

Agency, 401 M Street, SW, Washington,

D.C. 20460. Copies of material

submitted to EPA may be examined

during normal business hours at the

following locations: EPA, Region 10,

Office of Air Quality, 1200 Sixth

Avenue (OAQ–107), Seattle,

Washington 98101, and ODEQ, 811 S.W.

Sixth Avenue, Portland, OR 97204.

FOR FURTHER INFORMATION CONTACT:

Catherine Woo, Office of Air Quality

(OAQ–107), EPA, Seattle, Washington

98101, (206) 553–1814.

SUPPLEMENTARY INFORMATION:

I. Background

On June 1, 1995, the ODEQ submitted

two new sections under Division 30 of

the SIP. These included: OAR–340–

030–0320, Requirement for Operation

and Maintenance Plans, and OAR–340–

030–0330, Source Testing, which were

originally adopted on April 14, 1995

and state effective on May 1, 1995.

However, they were subsequently

revised and adopted by ODEQ on

October 11, 1996, and submited to EPA

for inclusion into the SIP on January 22,

1997. The contents of both the new

sections for Division 30 and their

subsequent revisions have been

reviewed, with no adverse concerns

regarding their content or changes.

OAR–340–030–0320 and –0330 are

approved as well as their subsequent

revisions.

On January 22, 1997, the ODEQ

submitted revisions to the SIP, which

included: OAR–340–020–0047, State of

Oregon Clean Air Act Implementation

Plan; OAR–340–022–0170, Surface

Coating in Manufacturing; OAR–340–

022–0840, Innovative Products; OAR–

340–022–0930, Requirements for

Manufacture, Sale and Use of Spray

Paint; OART–340–022–0055, Fuel

Burning Equipment; OAR–340–028–

0110, Definitions; OAR–340–028–0400,

Information Exempt From Disclosure;

OAR–340–028–0630, Typically

Achievable Control Technology; OAR–

340–028–1010, Requirement for Plant

Site Emission Limits; OAR–340–028–

1720, Permit Required; OAR–340–030–

0015, Wood Waste Boilers; OAR–340–

030–0044, Requirement for Operation

and Maintenance Plans (MedfordAshland AQMA Only); OAR–340–030–

0050, Continuous Monitoring; and

OAR–340–030–0055, Source Testing.

All of these revisions, with the

exception of OAR–340–022–0170,

–028–0630, –021–0025 and –021–0027,

are editorial and housekeeping in nature

and are approved. OAR–340–022–0170

reflects a correction to delete a reference

to ‘‘metal’’ parts of section (4) and a

revision to say ‘‘Miscellaneous Metal

Parts and Products’’ as the rule’s title in

in 5(j). OAR–340–028–0630 reflects a

revision that would exempt sources

from the Typically Achievable Control

Technology only when specific design

or performance standards in Division 30

apply. This corrects a previous state rule

which exempts sources covered by any

emission standard in Division 30. OAR–

340–021–0025 and –0027 have been

superseded by more specific incinerator

rules in Division 25; therefore, they are

repealed from the SIP. The revisions to

all the above rules are approved.

II. Summary of Action

EPA is approving ODEQ’s new

sections to Division 30, as submitted on

June 1, 1995, and revisions to Divisions

20, 21, 22, 25, and 30, as submitted on

January 22, 1997. OAR–340–021–0025

and –0027 are repealed from the SIP. 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. EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial
Federal Register / Vol. 63, No. 92 /Wednesday, May 13, 1998 /Rules and Regulations 26461

amendment and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, EPA is publishing a

separate document that will serve as the

proposal to approve the SIP revision

should relevant adverse comments be

filed. This rule will be effective July 13,

1998, without further notice unless the

Agency receives relevant adverse

comments by June 12, 1998.

If the EPA receives such comments,

then EPA will publish a timely

withdrawal of the direct final rule and

informing the public that the rule did

not take effect. All public comments

received will then be addressed in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period on

the proposed rule. Only parties

interested in commenting on the

proposed rule should do so at this time.

If no such comments are received, the

public is advised that this rule will be

effective on July 13, 1998, and no

further action will be taken on the

proposed rule.

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 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 any small entities affected.

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. E.P.A., 427 U.S.

246, 256–66 (S.Ct. 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 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 July 13, 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), 42 U.S.C. 7607(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Ozone, Particulate matter,

Reporting and recordkeeping

requirements, Sulfur oxides, Volatile

organic compounds.

Note: Incorporation by reference of the

Implementation Plan for the State of Oregon

was approved by the Director of the Office of

Federal Register on July 1, 1982.

Dated: April 20, 1998.

Chuck Clark,

Regional Administrator, Region X.

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 MM—Oregon

2. Section 52.1970 is amended by

adding paragraph (c) (125) to read as

follows:

§ 52.1970 Identification of plan.

* * * * *

(c) * * *

(125) On June 1, 1995 and January 22,

1997, the Director of ODEQ submitted to

the Reginal Administrator of EPA new

sections to Division 30 and revisions to

Divisions 20, 21, 22, 25, and 30.

(i) Incorporation by reference.

(A) OAR–340–020–0047; OAR–340–

022–0170; OAR–340–022–0840; OAR–

340–022–0930; OAR–340–022–0055;

OAR–340–028–0110; OAR–340–028–

0400; OAR–340–028–0630; OAR–340–

028–1010; OAR–340–028–1720; OAR–

340–030–0015; OAR–340–030–0044;

OAR–340–030–0050; OAR–340–030–

0055; OAR–340–030–0320; OAR–340–

030–0330: These rules were all state

adopted on October 11, 1996.

[FR Doc. 98–12434 Filed 5–12–98; 8:45 am]

BILLING CODE 6560–50–U