2630 Federal Register / Vol. 63, No. 11 / Friday, January 16, 1998 / Rules and Regulations

(10) A royalty-suspension volume will

continue through the end of the month

in which cumulative production from

leases in a field entitled to share the

royalty-suspension volume reaches that

volume.

(11) If we reassign a well on an

eligible lease to another field, the past

production from that well will count

toward the royalty-suspension volume,

if any, specified for the field to which

it is reassigned. The past production

will not count toward the royalty

suspension volume, if any, for the field

from which it was reassigned.

(12) You may receive a royaltysuspension volume only if your entire

lease is west of 87 degrees, 30 minutes

West longitude. A field that lies on both

sides of this meridian will receive a

royalty-suspension volume only for

those eligible leases lying entirely west

of the meridian.

(13) Your lease may obtain more than

one royalty-suspension volume. If a new

field is discovered on your eligible lease

that already benefits from the royaltysuspension volume for another field,

production from that new field receives

a separate royalty suspension.

(14) You must measure natural gas

production subject to the royaltysuspension volume as follows: 5.62

thousand cubic feet of natural gas,

measured in accordance with 30 CFR

part 250, subpart L, equals one barrel of

oil equivalent.

[FR Doc. 98–843 Filed 1–15–98; 8:45 am]

BILLING CODE 4310–MR–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[FRL–5950–4]

National Emission Standards for

Gasoline Distribution Facilities; Bulk

Gasoline Terminals and Pipeline

Breakout Stations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of limited exclusion for

gasoline distribution facilities.

SUMMARY: The EPA publishes today

notification of a limited exclusion from

applicability for gasoline distribution

facilities that would be, but for this

action, subject to the air toxic provisions

of 40 CFR part 63, subpart R, the

National Emission Standards for

Gasoline Distribution Facilities (Bulk

Gasoline Terminals and Pipeline

Breakout Stations).

DATES: This policy took effect on

December 12, 1997, the day that the

attached letter detailing this policy was

signed. Petitions for review of this

determination must be filed on or before

March 17, 1998 in accordance with the

provisions of section 307(b)(1) of the

Clean Air Act (CAA).

ADDRESSES: The related material in

support of this policy may be examined

during normal business hours at the

United States Environmental Protection

Agency, Office of Enforcement and

Compliance Assurance, Air

Enforcement Division, Ariel Rios

Building, Room 1119, 12th and

Pennsylvania Ave., NW, Washington,

DC 20004.

FOR FURTHER INFORMATION CONTACT:

Charles Garlow of the U.S. EPA, Air

Enforcement Division (Mail Code

2242A), 401 M St SW, Washington, DC

20460, telephone (202) 564–1088.

SUPPLEMENTARY INFORMATION: On

October 15, 1997, the American

Petroleum Institute (API) requested

relief from the applicability of the

Gasoline Distribution National Emission

Standard for Hazardous Air Pollutants

(NESHAP) as the compliance date of

December 15, 1997 was approaching.

Certain members of the API trade

association had timely applied for

synthetic minor permits so as to qualify

as area or minor sources not subject to

the Gasoline Distribution MACT

standard. However, state or local

permitting authorities had, in many

instances, not been able to process the

otherwise-approvable applications

before December 15, 1997. Since many

states have a public comment period, it

was apparent that these permits could

not be issued prior to the compliance

date even if every effort was made.

Therefore, API asserted, through no

fault of their members, they would be

subject to the requirements of this

NESHAP when they assumed they

would not be, resulting in some sources

potentially facing operational

shutdowns or violation of the standard.

The EPA responded, as is detailed in

the attached letter, by granting a time

limited exclusion from applicability to

those sources that notify the EPA that

they have timely applied and have

otherwise made good faith efforts to

obtain the synthetic minor permits in

question. Due to delays in publishing

this document, sources wishing to avail

themselves of this policy have until

January 30, 1998, to notify EPA of their

status, if they have not already done so.

In addition to publication of this

document, US EPA has placed a copy of

this policy letter on its Technology

Transfer Network (TTN) bulletin board

service and Website.

(Sec. 112, Clean Air Act (42 U.S.C. 7412))

Bruce Buckheit,

Director, Air Enforcement Division.

December 12, 1997.

Ms. Ellen Siegler,

American Petroleum Institute, 1220 L Street,

NW, Washington, DC 20005–4070.

Re: Gasoline Distribution MACT Standard.

Dear Ms. Siegler: The American Petroleum

Institute recently approached the

Environmental Protection Agency (EPA)

seeking relief from the Gasoline Distribution

Maximum Achievable Control Technology

(MACT) standard for those facilities that

timely sought permits limiting their potential

to emit so as to qualify as area sources not

covered by that standard. We were then

informed that numerous facilities (through

no fault of their own) have not yet been

issued such permits by their permit issuing

authorities. Under EPA’s ‘‘once in—always

in’’ policy, such facilities will become subject

to the Gasoline Distribution MACT standard

on that rule’s compliance date (December 15,

1997).

As a general matter, we believe that it is

the source’s obligation to achieve compliance

with the regulation as of the effective date of

that regulation. Where, as here, the regulation

provided 3 years to achieve compliance, we

believe that sources that wish to avoid the

imposition of major source obligations by

seeking ‘‘synthetic minor’’ permits should do

so shortly after the date of rule promulgation.

Given the substantial workload imposed on

permitting authorities by the Title III and

Title V programs, those who wait until there

is less than 1 year from the compliance date

to submit their permit application should

anticipate that there is a substantial risk, that

they must bear, that the synthetic minor

permit may not be issued in time. However,

because this is an issue of first impression,

and facilities may have relied in good faith

on representations of permitting authorities

that permits received within a shorter time

frame would be processed by December 15,

1997, we have agreed to provide a limited

enforcement discretion as set out below.

Based on the facts presented and subject to

the terms, conditions and limitations

outlined herein, we concluded that the EPA

should and, therefore, will provide limited

relief for certain facilities:

Limited Exclusion—EPA will not consider

an otherwise covered facility to be subject to

the Gasoline Distribution MACT standard (1)

if the facility owner or operator filed a

complete application with its appropriate

permitting authority for a permit limiting its

potential to emit so as to qualify as an area

source not covered by that standard prior to

June 15, 1997, and (2) if it identifies the

facility to EPA not later than January 15,

1998. This limited exclusion is limited to a

90-day period and will expire on March 15,

1998.

Conditional Extension—If a facility has not

yet received its permit by March 15, 1998, it

will be subject to the Gasoline Distribution

MACT standard as of this date unless such

facility notifies EPA, prior to March 15, 1998,

that an additional period of time is needed

for good cause shown. If the facility has not

yet received such permit and then certifies to
Federal Register / Vol. 63, No. 11 / Friday, January 16, 1998 / Rules and Regulations 2631

1See Section 1.429(b) of the Commission’s Rules,

47 CFR 1.429(b).

EPA that it has made diligent efforts to obtain

the needed permit by (1) providing all

information requested by the permitting

authority and (2) accepting reasonable permit

conditions, then EPA may grant an additional

extension for up to 90 days beyond March 15,

1998. Failure to accept reasonable permit

terms and conditions will not be recognized

as a good cause basis for seeking an

extension. If a facility has not yet received its

permit by that later date, it will be subject

fully to the Gas Distribution MACT standard

as of its compliance date.

General Conditions/Limitations—As an

express condition of benefiting from and

operating under the above-described limited

exclusion, each facility must comply at all

times with each of the following:

• The source must have submitted the

synthetic minor permit by June 15, 1997.

• The permit application terms and

conditions must effectively limit emissions to

area source levels.

• The source must certify to EPA and

maintain full compliance with all the terms,

conditions and representations reflected or

referred to in its timely, complete permit

application.

• The reason for the delay in the issuance

of the permit must not be the fault of the

source (e.g., at least one source will not be

issued a permit because of unresolved New

Source Performance Standards violations at

the facility. Such source does not qualify for

this exclusion.

• The source must submit, by January 15,

1998, supporting documentation, including

the executive summary and enforcement

provisions of the permit application with

transmittal date, any indication from the

permitting agency regarding the

completeness of the application and recent

communication from or to the permitting

authority indicating the current status of the

application (e.g., public comment being

sought, etc.). Such documentation must be

mailed to Air Enforcement Division,

Attention: Charles Garlow, Esq., US EPA,

Mail Code 2242A, 401 M St. SW,

Washington, D.C. 20460, or sent by delivery

service to the same Division, Ariel Rios

Building, Room 2111, 12th and Pennsylvania

Aves., N.W., Washington, DC 20004.

A failure to fully comply with each and

every requirement, as may be determined by

EPA, will void this grant of discretionary

enforcement relief, cause such facility to be

subject to the requirements of the Gasoline

Distribution MACT standard as of its

compliance date (December 15, 1997), and

subject the facility to possible enforcement

for violation of the MACT standard.

Sources in this situation should be

reminded that if they presently qualify as

synthetic minor sources, by operation of the

January 25, 1995 Seitz/Van Heuvelen policy

memorandum entitled ‘‘Options for Limiting

the Potential to Emit (PTE) of a Stationary

Source Under Section 112 and Title V of the

Clean Air Act’’, then these sources do not

need to utilize the option described here

prior to the termination date of that policy.

For example, if a source has documented

actual emissions since January 1994 of less

than 50% of the major source thresholds,

then a permit is not needed to limit the PTE.

Other options are described in this

memorandum.

As the Gasoline Distribution MACT

standard compliance date is fast

approaching, you have agreed to endeavor to

distribute this memorandum broadly at the

earliest practicable time to all facilities that

may be subject to the MACT standard.

Questions regarding this matter should be

directed to the Air Enforcement Division,

202–564–1088.

Sincerely,

Steven A. Herman,

Assistant Administrator.

Identical letters sent to:

Mr. John Prokof, Independent Liquid

Terminal Association (ILTA), 1133 15th

Street, NW, Suite 650, Washington, D.C.

20005.

Ms. Michele Joy, Association of Oil Pipelines

(AOPL), 110 Vermont Ave, NW,

Washington, D.C. 20005.

Mr. Tom Osburn, Society of Independent

Gasoline Marketers of America (SIGMA),

11911 Freedom Drive, Reston, Virginia

20190.

cc: Regional Counsel, Regions I–X, Regional

Air Program Directors, Regions I–X, John

Seitz, Director, OAQPS, Lydia Wegman,

Deputy Director, OAQPS, Bruce Jordan,

Director, ESD.

[FR Doc. 98–1133 Filed 1–15–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 20

[CC Docket No. 94–102, FCC 97–402]

Wireless Compatibility With Enhanced

911 Emergency Calling Systems

AGENCY: Federal Communications

Commission.

ACTION: Final rule, petitions for

reconsideration.

SUMMARY: The Federal Communications

Commission has adopted a

Memorandum Opinion and Order in the

wireless Enhanced 911 (E911)

rulemaking proceeding, reaffirming its

commitment to the rapid

implementation of technologies needed

to bring emergency help to wireless

callers throughout the United States.

The action is taken to resolve petitions

for reconsideration of the rules adopted

in the First Report and Order

concerning the availability of basic 911

services and the implementation of

E911 for wireless telecommunications

services. The primary goal of this

proceeding is to ensure that reliable,

effective 911 and E911 service is

available to wireless users as soon as

technologically possible. The limited

revisions to the Commission’s rules

adopted in this decision are intended to

remedy technical problems raised in the

record. This Memorandum Opinion and

Order contains proposed information

collections subject to the Paperwork

Reduction Act of 1995 (PRA). It has

been submitted to the Office of

Management and Budget (OMB) for

review under the PRA. OMB, the

general public, and other Federal

agencies are invited to comment on the

proposed information collections

contained in this proceeding.

EFFECTIVE DATE: The definition of

‘‘designated PSAP’’ in § 20.3, and

§§ 20.18(a), (b), (c), and (g) become

effective January 16, 1998. The

remaining rule amendments become

effective February 17, 1998. Written

comments on the proposed or modified

information collections by the public

are due January 20, 1998. Written

comments must be submitted by the

OMB on the proposed information

collections on or before February 10,

1998.

ADDRESSES: A copy of any comments on

the information collections contained

herein should be submitted to Judy

Boley, Federal Communications

Commission, Room 234, 1919 M Street,

N.W., Washington, D.C. 20554, or via

the Internet to jboley@fcc.gov, and to

Timothy Fain, OMB Desk Officer, 10236

NEOB, 725–17th Street, N.W.,

Washington, D.C. 20503, or via the

Internet to fainlt@al.eop.gov.

FOR FURTHER INFORMATION CONTACT: Won

Kim or Dan Grosh, Policy Division,

Wireless Telecommunications Bureau,

at (202) 418–1310. For additional

information concerning the information

collections contained in the

Memorandum Opinion and Order,

contact Judy Boley at 202–418–0214, or

via the Internet at jboley@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the memorandum Opinion

and Order (MO&O) in CC Docket No.

94–102, FCC 97–402 , adopted

December 1, 1997, and released

December 23, 1997. The complete text

of this MO&O is available for inspection

and copying during normal business

hours in the FCC Reference Center

(Room 239), 1919 M Street, N.W.,

Washington, D.C., and also may be

purchased from the Commission’s copy

contractor, International Transcription

Services, at (202) 857–3800, 1231 20th

Street, N.W., Washington, D.C. 20036.

Synopsis of the Memorandum Opinion

and Order

1. In this MO&O, pursuant to Section

1.429 of the Commission’s Rules,1 the