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Citation: 61 Fed. Reg. 64291 1996
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### Federal Register / Vol. 61, No. 234 / Wednesday, December 4, 1996 / Rules and Regulations 64291

sources does not prevent the construction ofany wastewater treatment works for which a grant has been, or willbe, awarded in compliance with the Act. Itprovides forthe guarantee by the Administrator offull and timely payment ofprincipal and interest on any obligation ofthe State, municipality, or intermunicipal or interstate agency issued directly and exclusively to theFederal Financing Bank to finance the local share ofthe
costs ofany such project.

Inasmuch as this revocation action relates to agency management and in view ofthe subject matter, notice of proposed rule making and public
comment were considered unnecessary.
III. Rulemaking Analysis RegulatoryFlexibilityAct

The Agency has determined that the rule being issued today isnot subject to the Regulatory Flexibility Act (RFA), 5 U.S.C. 601, etseq., which generally requires an agency to conduct a regulatory flexibility analysis unless it certifies that the rule will not have a significant economic impact on a substantial number ofsmallentities. By its terms, the RFA applies onlyto rules subject to notice-and-comment rulemaking requirements under the Administrative Procedure Act (APA)or any other statute. Today's rule is not subject to notice and comment requirements under the APA or any other statute. Even ifthe Agency were required to perform aregulatory flexibility analysis, today'srule would not have a significant economic impact

on small entities for the reasons stated in this preamble.

Executive Order12866

Under Executive Order 12866, [58 Federal Register 51,735 (October 4, 1993)] theAgency must determine whether theregulatory action is "significant" and therefore subject to OMB review and the requirements of the Executive Order. The Order defines "significant regulatory action" as one that is likely to result in arule that may:

(1)Have an annual effect onthe economy of$100 million or moreor adversely affect in amaterial way the economy, a sector of the economy, productivity, competition,jobs, the environment, public health or safety, or State, local, or tribal governments or communities;

(2)Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

(3)Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs orthe rights and obligations of recipients thereof; orraisenovel legal or policy issues arising out oflegal mandates, the President's priorities, or theprinciples set forth in theExecutive Order.

It has been determined that thisrule is not a "significant regulatory action" under the terms ofExecutive Order 12866 and istherefore not subject to OMB review. UnfundedMandatesReform Act

Today's rule contains noFederal mandates (underthe regulatory provisions ofTitle IIofthe UMRA) for State, local, or tribal governments orthe private sector.
Submission to Congressandthe General AccountingOffice

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, theU.S. House of Representatives and the Comptroller General ofthe General Accounting Office prior topublication ofthe rule in today's Federal Register. Thisis not a "major rule" as defined by 5 U.S.C. 804(2) ofthe APA as amended.

List ofSubjects in40 CFRPart 39

Environmental protection, Loan programs-environmental protection, Reporting and recordkeeping requirements, Waterpollution control.

Dated: November 27, 1996. Carol M. Browner, Administrator.

For the reasons set out in the preamble, 40 CFR Chapter I, under the authority oftheFederal Water Pollution Control Act Amendments of 1972 as amended, is amended as follows.


### PART39-[REMOVED]

1.Part 39 is removed. [FRDoc. 96 30873 Filed 12 3 96; 8:45 am]

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### 40 CFR Part 52 [CA 181-0024a; FRL-5649-8] 

### Approval and Promulgation of Implementation Plan forSouth Coast AirQuality Management District

AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule.

SUMMARY: The EPA is taking direct final action to approve South CoastAir Quality Management District (District) 

### Rules 212, 1301, 1302, 1303, 1304, 1306, 1309, 1309.1, 1310, and 1313 for the purpose ofmeetingrequirements ofthe Clean Air Act, as amended in 1990 (CAA or Act) with regard to new source review (NSR)in areas that have not attained the national ambient airquality standards (NAAQS). This approval action will incorporate these rules into the federally approved State Implementation Plan (SIP) for California. The rules were submitted by the State to satisfy certain Federal requirements for an approvable NSR SIP. Thus, EPA is finalizing the approval oftheserules into the California SIP under provisions ofthe CAA regarding EPA action on SIP submittals, SIPs for national primary and secondary ambient airquality standards and plan requirements for nonattainment areas. DATES: This action is effective on February 3, 1997 unless adverse or critical comments arereceived by January 3, 1997. Ifthe effective date is delayed, a timely notice willbe published in theFederal Register. ADDRESSES: Copies ofthe rules and EPA's evaluation report ofeach rule are available forpublic inspection atEPA's Region 9 office during normal business hours atthe following address: New Source Section (A-5-1),Air and Toxics Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105. Copies ofthe submitted rules are also available for inspection at the following locations:
California Air Resources Board,

Stationary Source Division, Rule Evaluation Section, 2020 "L" Street, Sacramento, CA 95814. South Coast Air Quality Management

District, 21865 E. Copley Drive, Diamond Bar, CA 91765-4182. FOR FURTHER INFORMATION CONTACT: Gerardo C. Rios, (A-5-1),Air and Toxics Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 

### 94105-3901, Telephone: (415)744- 1259. SUPPLEMENTARY INFORMATION: The air quality planningrequirements for nonattainment NSR are set out in part D oftitle Iofthe Clean Air Act. EPA has issued a "General Preamble" describing EPA's preliminary views on how EPA intends to review SIPs and SIPrevisions submitted under part D, includingthose State submittals containing nonattainment NSR SIPrequirements [see 57 FR 13498 (April 16, 1992) and 57 FR 18070 (April 28, 1992)]. Because EPA is describing its interpretations here only inbroad terms, the reader should refer to the General Preamble for

amore detailed discussion. EPA has also proposed regulations to implement

### No. 234 / Wednesday, December 4, 1996 / Rules and Regulations

the changes under the 1990 Amendments in the NSRprovisions in parts C and D oftitle IoftheAct. (See 61 FR 38249 (July 23, 1996)). Upon final promulgation ofthose regulations, EPA will review those NSR SIP submittals on which ithas already taken final action
to determine whether additional SIP revisions are necessary.
Procedural Background

The Act requires States to observe certain procedural requirements in developing implementation plans and plan revisions for submission to EPA. Section 110(a)(2) and section I10(1) of the Act provide that each implementation plan orrevision to an implementation plan submitted by a State must be adopted after reasonable notice and public hearing. Section 172(c)(7) oftheAct provides thatplan provisions for nonattainment areas shall
meet the applicable provisions of Section 110(a)(2).

The Districtheld apublic hearing on December 7, 1995 to accept public
comment on Rules 212, 1301, 1302, 1309, 1309.1, 1310, and 1313. On December 7, 1995, theRules were adopted by theDistrict Board of Directors. The District also held a public hearing onMay 10, 1996 to accept public comment on Rule 1303. On May 10, 1996, the rule was adopted bythe District Board ofDirectors. Finally, on June 14, 1996 the District held a public hearing to accept public comment on Rules 1304 and 1306. On June 14, 1996, the rules were adopted by the District Board ofDirectors. On August 28, 1996, Rules 212, 1301, 1302, 1303, 1304, 1306, 1309, 1309.1, 1310, and 1313 were submitted to EPA as a proposed revision
to the California SIP.

EPA deemed the submittal complete

on October 10, 1996 pursuant to EPA's completeness criteria that are set forth in 40 CFRpart 51 appendix V1 and is being finalized for approval into the SIP. Summary ofRule Contents

The South Coast Air Quality Management District submitted to EPA for adoption into the applicable NSR SIP Rule 212 and Regulation XIII, which is composed ofRules 1301, 1302, 1303, 1304, 1306, 1309, 1309.1, 1310, and 

### 1313. Regulation XIIIand Rule 212 constitute the District's new source permitting rules. Rule 212 contains the District's administrative requirements including thepublic consultation process forpermitting.

1EPA adopted the completeness criteria on February 16, 1990 (55 FR 5830) and, pursuant to section 110(k)(1)(A) ofthe CAA, revised the criteria

on August 26, 1991 (56FR42216). Rule 1301 is the general purpose and applicability rule. Rule 1302 consists of definitions ofall terms relating to new
sources and modifications to existing

sources ofairpollution, and the requirements ofRegulation XIII. Rule 1303 contains substantive source permitting requirements including Lowest Achievable Emission Rate requirements, Best Available Control Technology requirements, offset requirements, statewide compliance requirements, Federal Land Manager Notification and Class I Area Visibility Protection requirements, and Alternative Source Siting Analysis requirements. Rule 1304 establishes the exemptions from Regulation XIII. Rule 1306 establishes the emission calculation procedures. Rule 1309 establishes procedures for the creation, banking, and use ofemission reduction credits. Rule 1309.1 establishes the Priority Reserve which will provide credits for specific priority sources. Rule 1310, Analysis and Reporting, establishes a thirty day review for the District to issue completeness determinations for permit applications, and the requirement forpublic notification ofproposed Emission Reduction Credits. Rule 1313, Permits to Operate, establishes procedures for issuing permits to operate for sources not required to obtain apermit to construct. Regulation XIII and Rule 212, therefore, contain thepermitting requirements for sources located in nonattainment areas.



### Rules 212,1301, 1302,1303,1304, 1306,1309,1309.1,1310,and 1313 represent comprehensive revisions to the District's NSRpermitting regulations. These rules are intended to replace Rules 212, 1301, 1302, 1303, 

### 1304,1305,1306,1307,1308,1310,and 1313, which were approved into the SIP byEPA on 2/3/89, 1/21/81, 1/21/81, 2/ 21/81, 3/12/86, 1/20/85, 1/21/81, 5/18/ 81, 1/21/81, 1/21/81, and 1/21/81, respectively. The Districthas adopted the current revisions to Regulation XIII and Rule 212in part to meet the CAA and the November 15, 1992 deadline for submittal.

The District is composed ofLos Angeles County, Orange County, Riverside County, and San Bernardino County. The Air Quality Management Area oftheDistrict is designated as an extreme ozone nonattainment area, while the restofthe District is designated as a severe ozone nonattainment area. The District is also designated nonattainment for PM1O, N02, and CO. For the detailed area designations that apply to the District, please referto 40 CFR 81.305. The CAA air quality planningrequirements for nonattainment NSR are set out in part D ofTitle Iofthe Act, with implementing regulations at 40 CFR 51.160 through 51.165. EPA has determined that the District's submittal satisfies theserequirements.

District Rule 201, which prohibits construction ofsources or modifications prior topermit issuance and compliance with the requirements oftheserules, is integral to Regulation XIII. EPA is approving Regulation XIIIbased on the understanding that the Districtwill continue to enforce Rule 201 in a
manner consistent with the federal regulations prohibiting construction before permit issuance. The District has interpreted Rule 201 to prohibit such pre-permit construction in its interim Rule 201 interpretation dated September 19, 1994.

In addition, this approval isbased on the understanding that the District will apply atracking system which will continuously show in the aggregate that the District: (1) willprovide for the necessary offsetsrequired to meet the appropriate statutory offsetratio; and (2) will mitigate emissions from those

sources exempted from offsetsunder Rule 1304 which arenot exemptfrom federal regulation. However, offsets for

sources exempt from offsets due to their switch from ozone depleting compounds (ODCs) to volatile organic compounds (VOCs) will be provided by the District through reductions achieved by theDistrict's 1994 attainment plan which EPA hasproposed to approve at FR 10920 [Vol.61, No. 53/Monday, March 18, 1996] [CA114-1-7280; FRL5439-8]. Therefore, the District need not show in the tracking system mitigation in the aggregate for those particular

sources. The District, however, has committed to track such reductions to avoid double countingreductions used to meet the offsetratio in the aggregate. Ifthe District modifies the attainment plan so that it no longer provides offsets for sources switching emissions from ODCs to VOCs, then the District will have to show that those VOC emissions increases willbe offsetby the District through the tracking system as are all other emissions sources exempt under Rule 1304, or modify Rule 1304 to exclude exemptions for such sources.

EPA's approval is alsobased on the District's interpretation ofRegulation XIIItorequire a net emissions increase calculation consistent with federal requirements for extreme ozone nonattainment areas in the non-SEDAB
area, for severe ozone non-attainment

areas in the SEDAB area, and for all other pollutants subject to regulation in allparts ofthe District. 

### 64292 Federal Register / Vol. 61,

### Federal Register / Vol. 61, No. 234 / Wednesday, December 4, 1996 / Rules and Regulations 64293

Lastly, as part ofthis approval, interpollutant trades proposed within District will be subject to EPA approval.

For a more detailed description of how the submitted Regulation XIII and Rule 212meet theAct's applicable requirements, please refer to EPA's technical support document (TSD).

Action

EPAhas evaluated Regulation XIII and Rule 212 and has determined that they are consistent with the CAA, EPA regulations and EPA policy. Therefore, District Rules 212, 1301, 1302, 1303, 1304, 1306, 1309, 1309.1, and 1310 are being approved under section 110(k)(3) ofthe CAA as meeting therequirements of section I10(a), and part D ofTitle I oftheAct.
Administrative Review

Nothing in this action should be construed aspermitting or allowing or establishing a precedent for any future request forrevision to any state implementation plan. Each request for revision to the state implementation plan shall be considered separately in light ofspecific technical, economic and environmental factors and in relation to relevant statutory and regulatory requirements.

EPA ispublishing this document without priorproposal inpart because the Districthas provided public workshops in the development ofthe submitted rules, and provided the opportunity for public comment prior to adoption ofthe submitted rules. Atthat time, no significant comments were received by the District. The Agency therefore views this as a noncontroversial amendment and anticipates no adverse comments. However, in a separate document in this Federal Register publication, EPA is proposing to approve the SIP revision should adverse or critical comments be filed. This action will be effective February 3, 1997, unless, unless by January 3, 1997, adverse or critical
comments are received.

IfEPA receives such comments, this action will be withdrawn before the effective dateby publishing a subsequent document that will withdraw thefinal action. Allpublic
comments received will then be addressed in a subsequent final rule based on this action serving as a proposed rule. EPA will not institute a second commentperiod on this action. Any parties interested in commenting

on this action should do so atthis time. Ifno such comments arereceived, the public is advised that this action will be effective February 3, 1997. Regulatory Process

Under the Regulatory Flexibility Act, 5 U.S.C. 600 etseq.,EPA must prepare
a regulatory flexibility analysis assessing the impact ofany proposed or final rule on smallentities. 5 U.S.C. 603 and 604. Alternatively, EPA may certify that the rule will not have a significant economic impact on a substantial number ofsmall entities. Small entities include small businesses, small not-forprofit enterprises, and government entities withjurisdiction over populations ofless than 50,000. SIP approvals under section 110 and subchapter I, part D, ofthe 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 nothave a significant impact on affected small entities. Moreover, due to the nature ofthe Federal-state relationship under the CAA, preparation ofa regulatory flexibility analysis would constitute Federal inquiry into the economic reasonableness ofstate action. The CAA forbids EPA tobase its actions concerning SIPs on such grounds. UnionElectric Co. v. U.S. E.P.A.,427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).

Unfunded Mandates and SBREFA

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform Act of 1995 ("Unfunded Mandates Act"), signed into law on March 22, 1995, EPA
must undertake various actions in association with proposed or final rules that include aFederal mandate that may result in estimated costs of$100 million

or more to the private sector or to State, local, or tribal governments in the aggregate.

Through submission ofthis state implementation plan orplan revision, the State and any affected local or tribal governments have elected to adopt the program provided for under part D of the Clean Air Act. These rules may bind State, local, and tribal governments to perform certain actions and also require the private sector to perform certain duties. The rules being approved by this action will impose no new requirements because affected sources are already subject to these regulations under State law. Therefore, no additional costs to State, local, or tribal governments orto the private sector result from this action. EPAhas also determined that this final action does not include a mandate that may result in estimated costsof$100 million or more to State, local, or tribal governments in the aggregate or to the private sector.

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business Regulatory Enforcement Fairness Act of 1996, EPA submitted areport containing these rules and other required information to the U.S. Senate, the U.S. House of Representatives and the Comptroller General ofthe General Accounting Office prior to publication ofthe rule in today's Federal Register. Thisrule is
not a "major rule" as defined by5 

### U.S.C. 804(2).

This action has been classified as a Table 3 action for signature by the Regional Administrator under the procedures published in theFederal Register onJanuary 19, 1989 (54 FR 2214-2225), as revised by a July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for Air and Radiation. The Office ofManagement and Budget (OMB)has exempted this regulatory action from Executive Order 12866 review.

List ofSubjects in 40 CFR Part52

Environmental protection, Air pollution control, Hydrocarbons, Incorporation byreference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.

Dated: October 29, 1996. John Wise, ActingRegional Administrator. Subpart F ofpart 52, chapter I, Title 40 ofthe Code ofFederal Regulations is amended as follows:


### PART52-[AMENDED]

1.The authority citation for Part 52 continues toread as follows:

Authority: 42U.S.C. 7401 7671q. 

### Subpart F-California

2. Section 52.220 is amended by addingparagraph (c)(240) toread as follows: 

### §52.220 Identificationofplan.

(c) * * * (240) New and amended regulations for the following APCDwere submitted

on August 28, 1996 by the Governor's designee.

(i) Incorporation by reference. (A) South Coast Air Quality Management District.

(1) Rules 212, 1301, 1302, 1309, 

### 1309.1, 1310,and 1313,adopted on December 7, 1995, Rule 1303, adopted

### No. 234 / Wednesday, December 4, 1996 / Rules and Regulations

on May 10, 1996, and Rules 1304 and 1306, adopted on June 14, 1996.

[FRDoc. 96 30872 Filed 12 3 96; 8:45 am]

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40 CFR Part 81 [NE-012-1012a; FRL-5655-6]
Designation ofAreas forAirQuality Planning Purposes; State of Nebraska
AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule.
SUMMARY: This document takes final action to correct aprevious action published on November 6, 1991, that designated portions ofOmaha, Nebraska, as nonattainment for the lead National Ambient Air Quality Standard (NAAQS) (see 56 FR56694). Specifically, this action corrects a mistake made in designating the southern boundary ofthat nonattainment area. DATES: This action is effective February 3, 1997 unlessby January 3, 1997 adverse or critical comments are received. Ifthe effective date is delayed, timely notice will be published in the Federal Register. ADDRESSES: Comments may be mailed to Josh Tapp, Environmental Protection Agency, Air Branch, 726 Minnesota Avenue, Kansas City, Kansas 66101. Copies ofthe documents relevant to this action are available forpublic inspection during normal business hours atthe: Environmental Protection Agency, Air Planning and Development Branch, 726 Minnesota Avenue, Kansas City, Kansas 66101; and the EPAAir and Radiation Docket and Information Center, 401 M Street, SW., Washington, DC 20460. FOR FURTHER INFORMATION CONTACT: Josh Tapp at (913) 551-7606. SUPPLEMENTARY INFORMATION: On January 24, 1991, the state ofNebraska submitted aletter which contained a recommendation for the EPA to designate aportion ofOmaha as nonattainment for the lead NAAQS. In the letter, the state recommended the boundaries based on existing monitoring data. The specific boundaries listed in Nebraska's January 1991 letter are: Fourth Street on the south, Eleventh Street on the west, Avenue H and theNebraska-Iowa border

on the north, and theMissouri River on the east.

On August 27, 1996, the state of Nebraska submitted a letter which notified the EPA that its request in 1991 was not fully accurate. The southern boundary was originally defined based

on the fact that datarecorded atthe monitor located at Fourth Street and Jones Street showed attainment ofthe lead standard. However, in its 1991 request, Nebraska incorrectly requested that the southern boundary be designated as Fourth Street which actually runs north and south. The August 1996 letterrequests thatthe EPA
correct the errorby designating the southern boundary as Jones Street which runs east and west. The state supplied a map which clearly delineates the relationship ofFourth Street and Jones Street to the nonattainment area to support its request.

Under section 110(k)(6) ofthe Clean Air Act (CAA), theEPA may revise a previous designation when it determines that the designation was in

error. The EPA has determined that its identification ofthe southern boundary ofthe Omaha lead nonattainment area
was in error for thereasons stated above.

I. Final Action

Pursuant to section 110(k)(6) ofthe Clean Air Act, this is a direct final action which redefines the southern boundary ofthe Omaha lead nonattainment area asJones Street.

The EPA is publishing this action 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 isproposing to approve the SIPrevision should adverse

or critical comments be filed. This action is effective February 3, 1997 unless, by January 3, 1997, adverse or critical comments arereceived.

Ifthe EPAreceives such comments, this action will be withdrawn before the effective dateby publishing a subsequent document that will withdraw the final action. All public
comments received will thenbe addressed in a subsequent final rule based on this action serving as a proposed rule. The EPA willnot institute a second commentperiod on this action. Anyparties interested in commenting on this action should do so at this time. Ifno such comments are received, the public is advised that this action is effective February 3, 1997.

Nothing in this action should be construed aspermitting or allowing or establishing a precedent for any future request forrevision to any SIP. Each request forrevision to the SIP shall be considered separately in light ofspecific technical, economic, and environmental factors, and inrelation to relevant statutory and regulatory requirements.

II. Administrative Requirements

A. Executive Order12866

This action has been classified as a Table 3 action for signature by the Regional Administrator under the procedures published in theFederal Register onJanuary 19, 1989 (54 FR 2214-2225), as revised by a July 10, 1995, memorandum from Mary Nichols, Assistant Administrator for Air and Radiation. The Office ofManagement and Budget has exempted this regulatory action fromE.O. 12866 review.

B. UnfundedMandates

Under section 202 oftheUnfunded Mandates Reform Act of 1995 ("Unfunded Mandates Act"), signed into law onMarch 22, 1995, the EPA
must prepare a budgetary impact
statement to accompany any proposed

or final rule that includes a Federal mandate that mayresult in estimated
costs to state, local, ortribal governments in the aggregate; or to private sector, of$100 million or more. Under section 205, theEPA must select the most cost-effective and least burdensome alternative that achieves the objectives ofthe rule and is consistent with statutory requirements. Section 203 requires the EPA to establish a plan for informing and advising any small governments that may be significantly or uniquely impacted by the rule.

The 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, ortribal governments in the aggregate, or to the private sector. This Federal action approves preexistingrequirements under state or local law, and imposes no
new Federal requirements. Accordingly,

no additional costs to state, local, or tribal governments, or to theprivate sector,result from this action.

C.Submission to Congressandthe GeneralAccounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business Regulatory Enforcement Fairness Act of 1996, EPA submitted areport containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General ofthe General Accounting 

### Officeprior topublication oftherulein today's Federal Register. Thisrule is 

### not a "major rule" as defined by5 U.S.C. 804(2). 64294 Federal Register / Vol. 61,