Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations 35837

(l) Section 21.4213—Notice of hearing

by Committee on Educational

Allowances.

(m) Section 21.4214—Hearing rules

and procedures for Committee on

Educational Allowances.

(n) Section 21.4215—Decision of

Director of VA facility of jurisdiction.

(o) Section 21.4216—Review of

decision of Director of VA facility of

jurisdiction.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

Subpart K—All Volunteer Force

Educational Assistance Program

(Montgomery GI Bill—Active Duty)

21. The authority citation for part 21,

subpart K, is revised to read as follows:

Authority: 38 U.S.C. 501(a), chs. 30, 36,

unless otherwise noted.

22. Section 21.7133 is revised to read

as follows:

§ 21.7133 Suspension or discontinuance

of payments.

VA may suspend or discontinue

payments of educational assistance. In

doing so, VA will apply §§ 21.4210

through 21.4216.

(Authority: 38 U.S.C. 3034, 3690)

§ 21.7135 [Amended]

23. In § 21.7135, paragraph (i)

introductory text and paragraph (i)(2)

are amended by removing ‘‘§ 21.4207’’

and adding, in its place, ‘‘§ 21.4211(d)

and (g)’’; and paragraphs (i)(1), (j)(1),

and (k)(1) are amended by removing

‘‘§ 21.4134’’ wherever it appears, and

adding, in its place, ‘‘§ 21.4210’’.

24. In § 21.7158, the section heading,

paragraph (b)(2), and the authority

citation for paragraph (b) are revised, to

read as follows:

§ 21.7158 False, late, or missing reports.

* * * * *

(b) * * *

(2) If an educational institution or

training establishment willfully and

knowingly submits a false report or

certification, VA may disapprove that

institution’s or establishment’s courses

for further enrollments and may

discontinue educational assistance to

veterans and servicemembers already

enrolled. In doing so, VA will apply

§§ 21.4210 through 21.4216.

(Authority: 38 U.S.C. 3034, 3690)

Subpart L—Educational Assistance for

Members of the Selected Reserve

25. The authority citation for part 21,

subpart L is revised to read as follows:

Authority: 10 U.S.C. ch. 1606; 38 U.S.C.

501(a), ch. 36, unless otherwise noted.

§ 21.7624 [Amended]

26. Section 21.7624(b) is amended by

removing ‘‘21.4202(b)’’ and adding, in

its place, ‘‘21.4210(b)’’.

27. Section 21.7633 is revised to read

as follows:

§ 21.7633 Suspension or discontinuance

of payments.

VA may suspend or discontinue

payments of educational assistance. In

doing so, VA will apply §§ 21.4210

through 21.4216.

(Authority: 10 U.S.C 16136(b); 38 U.S.C.

3690)

§ 21.7635 [Amended]

28. In § 21.7635, the introductory text

of paragraph (e) is amended by

removing ‘‘§ 21.4207 of this part’’, and

adding, in its place, ‘‘§ 21.4211(d) and

(g)’’; paragraph (e)(2) is amended by

removing ‘‘§ 21.4207 of this part’’, and

adding, in its place, ‘‘§ 21.4211(d) and

(g)’’; and paragraphs (e)(1), (f)(1), and

(g)(1) are amended by removing

‘‘§ 21.4134 of this part’’ wherever it

appears, and adding, in its place,

‘‘§ 21.4210’’.

§ 21.7658 [Amended]

29. In § 21.7658, paragraph (b)(1)

introductory text is amended by

removing ‘‘negligent’’ and adding, in its

place, ‘‘negligent:’; paragraph (b)(1)(i) is

amended by removing ‘‘institution of

higher learning to report,’’ and adding,

in its place, ‘‘educational institution to

report’’ and by removing ‘‘reservist,’’

and adding, in its place, ‘‘reservist;’’;

paragraph (b)(1)(ii) is amended by

removing ‘‘§ 21.7644(b) of this part’’ and

adding, in its place, ‘‘§ 21.7644(c)’’; and

the section heading, the heading of

paragraph (b), and paragraph (b)(2) are

revised to read as follows:

§ 21.7658 False, late, or missing reports.

* * * * *

(b) Educational institution or training

establishment. * * *

(2) If an educational institution or

training establishment willfully and

knowingly submits a false report or

certification, VA may disapprove that

institution’s or establishment’s courses

for further enrollments and may

discontinue educational assistance to

reservists already enrolled. In doing so,

VA will apply §§ 21.4210 through

21.4216.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3690)

[FR Doc. 98–17409 Filed 6–30–98; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IN84–1a; FRL–6114–8]

Approval and Promulgation of

Implementation Plan; Indiana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On July 9, 1997, the State of

Indiana submitted a State

Implementation Plan (SIP) revision

request to the United States

Environmental Protection Agency for

rule changes specific to the power plant

at the University of Notre Dame located

in Saint Joseph County, Indiana. The

submittal provides for revised limits on

particulate matter (PM) emissions from

five of Notre Dame’s boilers. The revised

limits are less stringent, overall, than

the limits in the current SIP. Air quality

modeling has been conducted, however,

which shows that the National Ambient

Air Quality Standards (NAAQS) will

still be protected under the new

regulations.

DATES: The ‘‘direct final’’ rule is

effective on August 31, 1998, without

further notice unless EPA receives

adverse or critical written comments by

July 31, 1998. If adverse written

comment is received, EPA will publish

a timely withdrawal of the direct final

rule in the Federal Register and inform

the public that the rule will not take

effect.

ADDRESSES: Copies of the revision

request are available for inspection at

the following address: U.S.

Environmental Protection Agency,

Region 5, Air and Radiation Division, 77

West Jackson Boulevard, Chicago,

Illinois 60604. (It is recommended that

you telephone David Pohlman at (312)

886–3299 before visiting the Region 5

Office.)

Written comments should be sent to:

J. Elmer Bortzer, Chief, Regulation

Development Section, Air Programs

Branch (AR–18J), U.S. Environmental

Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

David Pohlman, Environmental

Scientist, at (312) 886–3299.

SUPPLEMENTARY INFORMATION:

I. Background

Indiana’s submittal of July 9, 1997,

contains revisions to title 326 Indiana

Administrative Code (326 IAC) 6–1–18,

Saint Joseph County particulate

emissions limitations. The purpose of
35838 Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations

these changes is to revise emission

limits for the five boilers at the

University of Notre Dame power plant.

Public hearings were held on the rules

on June 5 and November 6, 1996, in

Indianapolis, Indiana. The rules became

effective at the State level on May 22,

1997, and were published in the Indiana

Register on June 1, 1997.

II. Analysis of State Submittal

The revisions to 326 IAC 6–118 affect

particulate matter and/or heat input

limits for five boilers at the University

of Notre Dame. The particulate matter

limit for Boiler 1 is increased from 0.01

pounds per million British Thermal

Units (1b/MMBTU) to 0.087 1b/

MMBTU; Boiler 4’s particulate limit is

increased from 0.01 1b/MMBTU to 0.17/

MMBTU, and the heat input limit for

Boiler 4 is decreased from 284 million

British Thermal Units per hour

(MMBTU/hr) to 234 MMBTU/hr; and for

Boiler 5, the particulate limit is

decreased from 0.17 1b/MMBTU to 0.02

1b/MMBTU, while the heat input limit

is increased from 137 MMBTU/hr to

244.5 MMBTU/hr. In addition,

individual annual particulate limits for

each of the five boilers are replaced by

a collective annual limit for Boilers 1, 2,

3, 4, and 5 of 118.7 tons/year.

The general criteria used by the EPA

to evaluate such emissions trades, or

‘‘bubbles’’, under the Clean Air Act and

applicable regulations are set out in the

EPA’s Emissions Trading Policy

statement (ETSP) (see 51 FR 43814).

Emissions trades such as Notre Dame’s,

which result in an overall increase in

allowable emissions, require a ‘‘Level

III’’ modeling analysis under the ETPS

to ensure that the NAAQS will be

protected. A Level III analysis is a fullscale ambient dispersion analysis which

must include emissions from the facility

involved in the emissions trade as well

as from any nearby facilities and

background pollutant concentrations.

The modeling analysis submitted by

the Indiana Department of

Environmental Management (IDEM) in

support of the proposed Notre Dame SIP

revision was consistent with a Level II

analysis, which only includes sources

directly involved with the trade. This is

not acceptable as a demonstration that

the NAAQS will not be violated as a

result of the Notre Dame rule changes.

However, a further analysis was

conducted by the EPA to determine the

approvability of the State’s submittal for

Notre Dame. This analysis included the

Notre Dame sources involved in the SiP

revision, as well as other nearby sources

and background pollutant

concentrations. The analysis showed

that the SIP revision request will not

cause or contribute to any exceedances

of the PM NAAQS.

III. Final Rulemaking Action

Indiana’s submittal includes revisions

to 326 IAC 6–1–18. The EPA has

undertaken an analysis of this SIP

revision request based on a review of

the materials presented by IDEM, and

the modeling analysis conducted by the

EPA, and has determined that the SIP

revision request is approvable because it

is consistent with applicable Clean Air

Act provisions, including protection of

the NAAQS for PM in the Saint Joseph

County area. It should be noted that the

University of Notre Dame remains

subject to all other applicable provisions

of 326 IAC 6–1.

The EPA is publishing this action

without prior proposal because EPA

views this as a noncontroversial

revision and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revision should

specified written adverse or critical

comments be filed. This action will

become effective without further notice

unless the Agency receives relevant

adverse written comments on the

parallel proposed rule (published in the

proposed rules section of this Federal

Register) by July 31, 1998. Should the

Agency receive such comments, it will

publish a final rule informing the public

that this action did not take effect. 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 action will be

effective on August 31, 1998.

Nothing in this action should be

construed as permitting, allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

has exempted this regulatory action

from Executive Order 12866 review.

B. Executive Order 13045

This final rule is not subject to

Executive Order 13045, entitled

‘‘Protection of Children from

Environmental Health Risks and Safety

Risks,’’ because it is not an

‘‘economically significant’’ action under

Executive Order 12866.

C. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions. This

final rule will not have a significant

impact on a substantial number of small

entities because 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, I certify that this action

will not have a significant economic

impact on a substantial number of small

entities. Moreover, due to the nature of

the Federal-State relationship under the

Clean Air Act, 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. EPA, 427

U.S. 246, 256–66 (1976); 42 U.S.C.

7410(a)(20).

D. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995, signed

into law on March 22, 1995, EPA must

undertake various actions in association

with 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. 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 the private sector,

result from this action.

E. 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. Section

804, however, exempts from section 801

the following types of rules: rules of
Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations 35839

particular applicability; rules relating to

agency management of personnel; and

rules of agency organization, procedure,

or practice that do not substantially

affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). EPA is

not required to submit a rule report

regarding today’s action under section

801 because this is a rule of particular

applicability.

F. Petitions for Judicial Review

Under section 307(b)(1) of the Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by August 31, 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, Particulate matter,

Incorporation by reference,

Intergovernmental relations.

Dated: June 11, 1998.

David A. Ullrich,

Acting Regional Administrator, Region V.

For the reasons stated in the

preamble, 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 35 et seq.

Subpart P—Indiana

2. Section 52.770 is amended by

adding paragraph (c)(123) to read as

follows:

§ 52.720 Identification of plan.

* * * * *

(c) * * *

(123) On July 9, 1997, Indiana

submitted a site specific SIP revision

request for the University of Notre Dame

in Saint Joseph County, Indiana. The

submitted revision amends 326 IAC 6–

1–18, and provides for revised

particulate matter and heat input

limitations on the five boilers at Notre

Dame’s power plant.

(i) Incorporation by reference. Indiana

Administrative Code Title 326: Air

Pollution Control Board, Article 6:

Particulate Rules, Rule 1:

Nonattainment Area Limitations,

Section 18: St. Joseph County. Added at

20 In. Reg. 2299. Effective May 22, 1997.

[FR Doc. 98–17380 Filed 6–30–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TX98–1–7386; FRL–6117–3]

Approval and Promulgation of Air

Quality State Implementation Plans,

Texas; Recodification of, and

Revisions to the State Implementation

Plan; Chapter 114

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving in this

action the recodification of and revision

to the Texas State Implementation Plan

(SIP) for Chapter 114, ‘‘Control of Air

Pollution from Motor Vehicles.’’ This

revision was submitted by the Governor

on November 20, 1997, to reformat and

renumber existing state Chapter 114

sections into seven new subchapters (A

through G) without substantial technical

changes and to remove original

paragraph 114.1(e), concerning leaded

gasoline dispensing labeling

requirements.

DATES: This action is effective on

August 31, 1998 without further notice

unless the agency receives relevant

adverse comments by July 31, 1998. If

adverse comment is received, EPA will

publish a timely withdrawal of the

direct final rule in the Federal Register

and inform the public that the rule will

not take effect.

ADDRESSES: Written comments on this

action should be addressed to Mr.

Thomas H. Diggs, Chief, Air Planning

Section, Environmental Protection

Agency, Region 6, 1445 Ross Avenue,

Suite 700, Dallas, Texas 75202–2733.

Copies of the documents about this

action are available for public

inspection during normal business

hours at the above and following

location. Persons interested in

examining these documents should

make an appointment with the

appropriate office at least 24 hours

before the visiting day.

Environmental Protection Agency,

Region 6, 1445 Ross Avenue, Suite

700, Dallas, Texas 75202–2733.

Texas Natural Resource Conservation

Commission, 12100 Park 35 Circle,

Austin, Texas 78711–3087.

FOR FURTHER INFORMATION CONTACT: Mr.

Paul Scoggins, Air Planning Section

(6PD–L), EPA Region 6, 1445 Ross

Avenue, Dallas, Texas 75202–2733,

telephone (214) 665–7354 or via e-mail

at scoggins.paul@epamail.epa.gov.

While information may be requested via

e-mail, comments must be submitted in

writing to the above Region 6 address.

SUPPLEMENTARY INFORMATION:

I. Background

On November 20, 1997, the Governor

of Texas formally submitted a

recodification of, and revisions to, the

Texas SIP for Regulation IV, 30 TAC

Chapter 114, ‘‘Control of Air Pollution

from Mobile Vehicles.’’ These changes

were submitted to reformat and

renumber existing state Chapter 114

sections into seven new subchapters (A

through G) without substantial technical

changes and to remove original

paragraph 114.1(e), concerning leaded

gasoline dispensing labeling

requirements.

II. Texas Chapter 114 Format Revisions

Chapter 114 includes the rules and

regulations providing for the protection

of environment from mobile vehicles

which were divided into sections. The

resulting new format divides the

existing sections into subchapters (A

through G) and renumbers the original

sections within the new subchapters.

The following Chapter 114 subchapters

and sections have been adopted by the

commission.

SUBCHAPTER A: DEFINITIONS

114.1 Definitions.

114.2 Inspection and Maintenance (I/M)

Definitions.

114.3 Low Emission Fleet Vehicle

Definitions.

114.4 Vehicle Retirement and Mobile

Emission Reduction Credit Definitions.

114.5 Transportation Planning Definitions.

SUBCHAPTER B: MOTOR VEHICLE ANTITAMPERING REQUIREMENTS

114.20 Maintenance and Operation of Air

Pollution Control Systems or Devices

Used to Control Emissions from Motor

Vehicles.

114.21 Exclusions and Exemptions.

SUBCHAPTER C: VEHICLE INSPECTION

AND MAINTENANCE

114.50 Vehicle Emissions Inspection

Requirements.

114.51 Equipment Evaluation Procedures

for Vehicle Exhaust Gas Analyzers.

114.52 Waivers and Extensions for

Inspection Requirements.

114.53 Inspection and Maintenance Fees.

SUBCHAPTER D: OXYGEN

REQUIREMENTS FOR GASOLINE

114.110 Oxygenated Fuels.