34816 Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 /Rules and Regulations

SUMMARY: The Secretary amends the

William D. Ford Federal Direct Loan

Program regulations to add the Office of

Management and Budget (OMB) control

number to certain sections of the

regulations. These sections contain

information collection requirements

approved by OMB. The Secretary takes

this action to inform the public that

these requirements have been approved

and affected parties must comply with

them.

EFFECTIVE DATE: These regulations are

effective on July 1, 1998.

FOR FURTHER INFORMATION CONTACT: Mr.

Kenneth Smith, U.S. Department of

Education, 600 Independence Avenue,

SW, ROB–3, Room 3045, Washington,

DC 20202, telephone 202–708–8242.

Individuals who use a

telecommunications device for the deaf

(TDD) may call the Federal Information

Relay Service (FIRS) at 1–800–877–8339

between 8 a.m. and 8 p.m., Eastern time,

Monday through Friday.

Individuals with disabilities may

obtain this document in an alternate

format (e.g., Braille, large print,

audiotape, or computer diskette) on

request to the contact person listed in

the preceding paragraph.

SUPPLEMENTARY INFORMATION: Final

regulations for the William D. Ford

Federal Direct Loan Program were

published in the Federal Register on

November 28, 1997 (62 FR 63428).

Compliance with information collection

requirements in certain sections of these

regulations was delayed until those

requirements were approved by OMB

under the Paperwork Reduction Act of

1995. OMB approved the information

collection requirements in the

regulations on December 4, 1997. The

information collection requirements in

these regulations will therefore become

effective with all of the other provisions

of the regulations on July 1, 1998.

Waiver of Proposed Rulemaking

It is the practice of the Secretary to

offer interested parties the opportunity

to comment on proposed regulations.

However, the publication of OMB

control numbers is purely technical and

does not establish substantive policy.

Therefore, the Secretary has determined

under 5 U.S.C. 553(b)(B), that public

comment on the regulations is

unnecessary and contrary to the public

interest.

Electronic Access to This Document

Anyone may view this document, as

well as all other Department of

Education documents published in the

Federal Register, in text or portable

document format (pdf) on the World

Wide Web at either of the following

sites:

http://ocfo.ed.gov/fedreg.htm

http://www.ed.gov/news.html

To use the pdf you must have the Adobe

Acrobat Reader Program with Search,

which is available free at either of the

previous sites. If you have questions

about using the pdf, call the U.S.

Government Printing Office toll free at

1–888–293–6498.

Anyone may also view these

documents in text copy only on an

electronic bulletin board of the

Department. Telephone: (202) 219–

1511, or toll free, 1–800–222–4922. The

documents are located under Option

G—Files/Announcements, Bulletins and

Press Releases.

List of Subjects in 34 CFR Part 685

Administrative practice and

procedure, Colleges and universities,

Loan programs—education, Reporting

and recordkeeping requirements,

Student aid, Vocational education.

Dated: June 19, 1998.

David A. Longanecker,

Assistant Secretary for Postsecondary

Education.

The Secretary amends Part 685 of

Title 34 of the Code of Federal

Regulations as follows:

PART 685—WILLIAM D. FORD

FEDERAL DIRECT LOAN PROGRAM

1. The authority citation for Part 685

continues to read as follows:

Authority: 20 U.S.C. 1087a et seq., unless

otherwise noted.

§ 685.212 [Amended]

2. Section 685.212, is amended by

adding the OMB control number

following the section to read as follows:

‘‘(Approved by the Office of

Management and Budget under control

number 1840–0672)’’

[FR Doc. 98–17131 Filed 6–25–98; 8:45 am]

BILLING CODE 4000–01–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[OR–2–0001; FRL–6115–5]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants: Oregon

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: The Environmental Protection

Agency (EPA) approves the Section

111(d) State Plan submitted by Oregon

on May 14, 1997, for implementing and

enforcing the Emissions Guidelines (EG)

applicable to existing Municipal Solid

Waste (MSW) Landfills.

DATES: This action is effective on

August 25, 1998 unless significant,

material, and adverse comments are

received by July 27, 1998. If significant,

material, and adverse comments are

received a timely withdrawal will be

published in the Federal Register

informing the public that this rule will

not take effect.

ADDRESSES: Written comments should

be addressed to: Catherine Woo, Office

of Air Quality (OAQ–107), EPA, 1200

Sixth Avenue, Seattle, Washington

98101.

Copies of materials 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 at

Oregon Department of Environmental

Quality, 811 SW Sixth Avenue,

Portland, Oregon 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 March 12, 1996, pursuant to

Section 111 of the Clean Air Act (Act),

the EPA promulgated new source

performance standards (NSPS)

applicable to new MSW Landfills and

EG applicable to existing MSW

Landfills. The NSPS and EG are codified

at 40 CFR Part 60, Subparts WWW and

Cc, respectively. See 61 FR 9905 (March

12, 1996). Under Section 111(d) of the

Act, the EPA established procedures

whereby States submit plans to control

existing sources of designated

pollutants. Designated pollutants are

defined as pollutants which are not

included on a list published under

Section 108(a) of the Act (i.e., National

Ambient Air Quality Standard

pollutants), but to which a standard of

performance for new sources applies

under Section 111. Under Section

111(d), emission standards are to be

adopted by the States and submitted to

EPA for approval. The standards limit

the emissions of designated pollutants

from existing facilities which, if new,

would be subject to the NSPS. Such

facilities are called designated facilities.

The procedures under which States

submit these plans to control existing

sources are defined in 40 CFR Part 60,
Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 /Rules and Regulations 34817

Subpart B. According to Subpart B, the

States are required to develop plans

within Federal guidelines for the control

of designated pollutants. The EPA

publishes guideline documents for

development of State emission

standards along with the promulgation

of any NSPS for a designated pollutant.

These guidelines apply to designated

pollutants and include information such

as a discussion of the pollutant’s effects,

description of control techniques and

their effectiveness, costs and potential

impacts. Also as guidance for the States,

recommended emission limits and times

for compliance are set forth, and control

equipment which will achieve these

emission limits are identified in Subpart

Cc for existing MSW Landfills. The EG

specified limits for landfill gas requires

affected facilities to operate a control

system designed to reduce collected

non-methane organic compounds

(NMOC) concentrations by 98 weightpercent, or reduce the outlet NMOC

concentration to 20 parts per million or

less, using the test methods specified in

40 CFR 60.754(d).

II. Discussion

On May 14, 1997, the Oregon

Department of Environmental Quality

(ODEQ) submitted to EPA their 111(d)

State Plan for implementing and

enforcing the emission guidelines for

existing MSW landfills in the State. The

Plan contained Emission Standards and

Limitations, Compliance Schedule,

Emission Inventory, Source

Surveillance, Compliance Assurance

and Enforcement, and applicable State

regulations (OAR 340–025–0740, and

OAR 340–025–0745).

The approval of ODEQ’s State Plan is

based on finding that: (1) ODEQ

provided adequate public notice of

public hearings for the proposed

rulemaking which allows Oregon to

implement and enforce the EG for MSW

Landfills, and (2) ODEQ also

demonstrated that it has the legal

authority to adopt emission standards

and compliance schedules applicable to

the designated facilities; enforce

applicable laws, regulations, standards

and compliance schedules; seek

injunctive relief; obtain information

necessary to determine compliance;

require recordkeeping; conduct

inspections and tests; require the use of

monitors; require emission reports of

owners and operators; and make

emission data publicly available.

ODEQ’s regulations adopt 40 CFR Part

60, Subpart WWW and require existing

MSW Landfills to comply with the

Subpart WWW emission standards and

limitations. In its State Plan submittal,

ODEQ affirms that MSW Landfills

subject to OAR 340–025–0740 must

comply with 40 CFR Part 60, Subpart

WWW. Attachment 3a summarizes all

emission standards and limitations for

the major pollutant categories related to

the designated sites and facilities. This

approach is approved because the NSPS

Subpart WWW requirements are at least

as protective as the Federal

requirements contained in Subpart Cc

for existing MSW Landfills.

ODEQ also submitted Oregon

Administrative Rule (OAR) 340-025–

00745, which adopts 40 CFR Subpart

WWW. Thus, the compliance schedules

and increments of progress specified in

Subpart WWW are part of the State Plan

and apply to each existing MSW

Landfill as stipulated in Subpart WWW.

The State Rule’s requirement that

existing MSW Landfills comply with the

compliance schedule and legally

enforceable increments of progress as

stated in Subpart WWW has been

reviewed and is approved as being at

least as protective as Federal

requirements for existing MSW

Landfills in Subpart Cc.

Oregon included in its Plan, under

Attachment 3b, emission inventories for

all its applicable sources. There are

approximately 91 existing landfills in

Oregon’s inventory, including several

closed facilities subject to the initial

reporting requirements of the EG. In

these inventories, all designated

pollutants have been identified and data

provided for each.

Oregon cites its legal authority

(ORS468.095, 468A.050(2), and

468A.070) to determine the compliance

status by requiring owners and

operators of designated facilities to

maintain records and report to ODEQ

the nature and amount of emissions

from the facilities. Oregon also cites it

legal authority (468.055(1)&(2)) to

conduct periodic inspection and testing,

as necessary, of designated facilities.

The State’s ability to provide emission

data correlated with the emission

standards to the public is referenced in

its State Plan submittal as well as in

OAR 340–025–0740 and OAR 340–025–

0745. Finally, Oregon will provide

reports on progress of plan enforcement

as required by 40 CFR 60.25.

All measures and other elements in

the State Plan must be enforceable by

ODEQ. (See Sections 111(d) and 40 CFR

Part 60.) During EPA’s review of a

previous State Implementation Plan

revision, a problem was detected

concerning the State’s ability to

adequately enforce point source

permits. EPA determined that, because

a five-day advance notice provision

required by Oregon Revised Statute

(ORS) 468.126(1) (1991) can bar civil

penalties from being imposed for certain

permit violations, ORS 468 fails to

provide the adequate enforcement

authority the State must demonstrate to

obtain State Plan submittal, required by

the Clean Air Act for program approval.

However, following EPA notification

to Oregon, the Governor of Oregon

signed into law new legislation

amending ORS 468.126 on September 3,

1993. This amendment added paragraph

468.126(2)(e) which provides that the

five-day advance notice required by

ORS 468.126(1) does not apply if the

notice requirement will disqualify the

State’s program from Federal approval

or delegation. ODEQ responded to

EPA’s interpretation of the application

of 468.126(2)(e) and agreed that, if

Federal statutory requirements preclude

the use of the five-day advance notice

provision, no advance notice will be

required for violations of the State Plan

requirements. Because the five-day

notice provision in ORC 468.126(1)

could preclude enforcement of the State

Plan in some instances, application of

the notice provision would preclude

approval of the State MWC Plan.

Accordingly, pursuant to ORS

468.126(2)(e), the five-day notice will

not be required for permit violations of

the State Plan.

Nothing in this action should be

construed as making any determination

or expressing any position regarding

Oregon’s audit privilege and penalty

immunity law ORS 468.963, Oregon

Audit Privilege Act, or its impact upon

any approved provision in the State

Plan, including any subsequent

revisions. The action taken herein does

not express or imply any viewpoint on

the question of whether there are legal

deficiencies in this or any other Clean

Air Act program resulting from the

effect of Oregon’s audit privilege and

immunity law. A state audit privilege

and immunity law can affect only state

enforcement and cannot have any

impact on federal enforcement

authorities. EPA may at any time invoke

its authority under the Clean Air Act,

including, for example, sections 113,

167, 205, 211 or 213, to enforce the

requirements or prohibitions of the state

plan, independently of any state

enforcement effort. In addition, citizen

enforcement under section 304 of the

Clean Air Act is likewise unaffected by

a state audit privilege or immunity law.

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 has included a

parallel proposal to approve the ODEQ
34818 Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 /Rules and Regulations

State Plan. If no significant, material,

and adverse comments are received by

July 27, 1998, this action will be

effective August 25, 1998.

If the EPA receives significant,

material, and adverse comments by the

above date, this action will be

withdrawn before the effective date by

publishing a subsequent document in

the Federal Register that will withdraw

this final action. All public comments

received will be addressed in a

subsequent final rule based on the

parallel proposed rule published in

today’s Federal Register. The EPA will

not institute a second comment period

on this action. 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 August 25, 1998.

III. Administrative Requirements

A. Executive Order 12866

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 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 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.

Pursuant to section 605(b) of the

Regulatory Flexibility Act, I certify that

this rule will not have a significant

economic impact on a substantial

number of small entities. This Federal

action approves pre-existing

requirements under federal, State or

local law, and imposes no new

requirements on any entity affected by

this rule, including small entities.

Therefore, these amendments will not

have a significant impact on a

substantial number of small entities.

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 on 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

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as

amended 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 August 25, 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 62

Environmental protection,

Administrative practice and procedure,

Air pollution control, Emission

guidelines, Intergovernmental relations,

Municipal solid waste landfills,

Reporting and recordkeeping

requirements.

Dated: June 8, 1998.

Chuck Findley,

Acting Regional Administrator, Region 10.

40 CFR Part 62 is amended as follows:

PART 62—[AMENDED]

1. The authority citation for part 62

continues to read as follows:

Authority: 42 U.S.C. 7401–7642.

Subpart MM—Oregon

2. Section 62.9350 is amended by

adding paragraphs (b)(5) and (c)(5) to

read as follows:

§ 62.9350 Identification of plan.

* * * * *

(b) * * *

(5) Control of landfill gas emission

from existing Municipal Solid Waste

Landfill plan was submitted by Oregon

Department of Environmental Quality

on May 14, 1997.

(c) * * *

(5) Existing municipal solid waste

landfills.

3. Subpart MM is amended to add

§ 62.9510 and a new undesignated

heading to read as follows:

Control of Landfill Gas Emissions From

Existing Municipal Solid Waste

Landfills

§ 62.9510 Identification of sources.

The plan applies to all existing MSW

landfill facilities in Oregon meeting the

requirements as stated in their State

regulations.

[FR Doc. 98–17119 Filed 6–25–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 80

[FRL–6114–4]

Fuels and Fuel Additives;

Amendments to the Enforcement

Exemptions for California Gasoline

Refiners

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: In this action, EPA is

amending certain requirements of the

reformulated gasoline (RFG) regulations

which are applicable to California

gasoline refiners, importers and

oxygenate blenders. These amendments