18500 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations

List of Subjects in 36 CFR Part 327

Public lands, Water Resources,

Natural Resources, Resource

Management.

The authority citation for part 327 is

revised to read as follows:

Authority: The Rivers and Harbors Act of

1894, as amended and supplemented (33

U.S.C. 1); 16 U.S.C. 460d and 460l–6a.

George D. Showalter,

Army Federal Register Liaison Officer.

[FR Doc. 96–10337 Filed 4–25–96; 8:45 am]

BILLING CODE 3710–92–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OAQPS #CA163–1–7251; FRL–5452–6]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, San

Joaquin Valley Unified Air Pollution

Control District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing the approval

of a revision to the San Joaquin Valley

portion of the California State

Implementation Plan (SIP) that was

proposed in the Federal Register on

November 1, 1995. The revision

concerns Rule 2530 from the San

Joaquin Valley Unified Air Pollution

Control District. This approval action

will incorporate this rule into the

federally-approved SIP. EPA is also

finalizing its approval of Rule 2530

under section 112(l) of the Clean Air Act

for the control of hazardous air

pollutants.

EFFECTIVE DATE: This action is effective

on May 28, 1996.

ADDRESSES: Copies of Rule 2530 and

EPA’s technical support document

including response to comments on the

proposed approval are available for

public inspection at EPA’s Region IX

office during normal business hours.

Copies of the submitted rule revisions

are available for inspection at the

following locations: Operating Permits

Section, A–5–2, Air and Toxics

Division, U.S. EPA-Region IX, 75

Hawthorne Street, San Francisco,

California 94105.

FOR FURTHER INFORMATION CONTACT:

Frances Wicher, Operating Permits

Section, A–5–2, Air and Toxics

Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105,

Telephone: (415) 744–1250.

SUPPLEMENTARY INFORMATION:

Background

On November 1, 1995 at 60 FR 55516,

EPA proposed to approve Rule 2530

Federally Enforceable Potential to Emit

of the San Joaquin Valley Unified APCD

(San Joaquin Valley or District) as a

revision to the California SIP and under

section 112(l) of the Clean Air Act (Act).

Approval of Rule 2530 was proposed in

the same notice that EPA proposed

interim approval of the District’s title V

operating permits program. Rule 2530

was adopted by the District on June 15,

1995 and submitted by the California

Air Resources Board on October 24,

1995.

Once approved into the SIP and under

section 112(l), Rule 2530 will create

federally-enforceable limits on potential

to emit for sources with actual

emissions less than 50 percent of any

applicable major source threshold

including hazardous air pollutant

thresholds. A detailed discussion of the

background for Rule 2530 is provided in

the Federal Register notice cited above.

EPA has evaluated this rule for

consistency with the requirements of

the Act and EPA regulations as well as

EPA’s interpretation of these

requirements as expressed in the

various EPA policy guidance documents

referenced in the proposal cited above.

EPA has found that the rule meets the

applicable EPA requirements. A

detailed discussion of the rule has been

provided in technical support document

(TSD) available at EPA’s Region IX

office.

Response to Public Comments

EPA received identical comments on

its proposed approval of Rule 2530 from

two separate commenters. Both Chevron

and Western States Petroleum

Association requested that EPA include

an interim approval issue for correcting

the applicable emission levels in Rule

2530 to include provisions for areas that

receive a Clean Air Act section 182(f)

nitrogen oxides (NOX) opt-out approval.

Rule 2530 is being approved into the

San Joaquin Valley portion of the

California SIP under section 110(k) of

the Act. Section 110(k) provides that

EPA may either approve, disapprove, or

conditionally approve a SIP revision.

Conditional approvals are limited to

situations where the State has adopted

and submitted a commitment to adopt

specific enforceable measures by a date

certain. Interim approval is an approval

option that is limited to actions under

title V of the Act and is not available for

SIP or section 112(l) approvals;

therefore, EPA is not able to create an

interim approval issue for Rule 2530.

It should be noted that, from an

approval standpoint, there is no error in

Rule 2530’s NOX limits. Should EPA

grant the NOX waiver that raises the

major source threshold for NOX sources

to 100 tons per year, Rule 2530’s NOX

limits would merely be more stringent

(at 25 tons per year (tpy) rather than 50

tpy) than strictly necessary. If a NOX

waiver is granted, San Joaquin may

submit a revision to Rule 2530 to raise

the NOX limits.

EPA Action

EPA is finalizing approval of Rule

2530 under section 110(k)(3) of the Act

for inclusion into the California SIP and

under section 112(l) of the Act for the

control of hazardous air pollutants.

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 or for approval

under 112(l). Each request for a SIP

revision or an approval under section

112(l) shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

Unfunded Mandates

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 a Federal 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.

The District has voluntarily elected to

adopt Rule 2530 and submit it to EPA

for approval. This rule may bind the

District to perform certain actions and

also require the private sector to

perform certain duties. The rule 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 or to the private

sector result from this action. EPA has

also determined that this final action

does not include a mandate that may

result in estimated costs of $100 million

or more to State, local, or tribal

governments in the aggregate or to the

private sector.

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,
Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18501

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

regulatory action from Executive Order

12866 review.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Note: Incorporation by reference of

the State Implementation Plan for the

State of California was approved by the

Director of the Federal Register on July

1, 1982.

Dated: March 24, 1996.

Felicia Marcus,

Regional Administrator.

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. 7401–7671q.

Subpart F—California

2. Section 52.220 is amended by

adding paragraph (c)(227) to read as

follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(227) New regulation for the following

APCD was submitted on October 18,

1995, by the Governor’s designee.

(i) Incorporation by reference.

(A) San Joaquin Valley Unified Air

Pollution Control District.

(1) Rule 2530, adopted on June 15,

1995.

[FR Doc. 96–10383 Filed 4–25–96; 8:45 am]

BILLING CODE 6560–50–W

40 CFR Part 241

[FRL–5462–7]

Solid Waste Programs; Removal of

Legally Obsolete Guidelines

AGENCY: U.S. Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: In response to the President’s

Regulatory Reform Initiative, the

Environmental Protection Agency (EPA)

has conducted a review of the

regulations it administers and has

identified the guidelines pertaining to

solid waste management as obsolete.

These guidelines, which are being

removed from the Code of Federal

Regulations (CFR) today, are no longer

necessary because they have been

addressed by more recent regulations.

Deleting these guidelines from the CFR

will have no impact on solid waste

management.

EFFECTIVE DATE: This final rule takes

effect on April 26, 1996.

ADDRESSES: Supporting materials are

available for viewing in the RCRA

Information Center (RIC), located at

Crystal Gateway I, First Floor, 1235

Jefferson Davis Highway, Arlington, VA.

The Docket Identification Number is F–

96–LOGF–FFFFF. The RIC is open from

9 a.m. to 4 p.m., Monday through

Friday, excluding federal holidays. To

review docket materials, it is

recommended that the public make an

appointment by calling 703 603–9230.

The public may copy a maximum of 100

pages from any regulatory docket at no

charge. Additional copies cost $0.15/

page.

FOR FURTHER INFORMATION CONTACT:

Deborah Gallman (703) 308–7276, Office

of Solid Waste, U.S. Environmental

Protection Agency, 401 M Street, S.W.,

Washington, D.C., 20460, or the RCRA

Superfund Hotline, phone (800) 424–

9346 or (703) 412–9810 in the

Washington, D.C., metropolitan area.

SUPPLEMENTARY INFORMATION:

I. Introduction

On March 4, 1995, the President

directed all Federal agencies and

departments to conduct a

comprehensive review of the regulations

they administer and to identify those

rules that are obsolete or unduly

burdensome. EPA has conducted a

review of its rules and guidelines,

including those issued under the

Resource Conservation and Recovery

Act (RCRA) (42 U.S.C. 9601 et seq.).

Based on this review, EPA is today

eliminating the following obsolete

RCRA guidelines from the CFR: 40 CFR,

Part 241, ‘‘Guidelines for the Land

Disposal of Solid Wastes’’. The

guidelines, promulgated on August 14,

1974, are no longer necessary because

they have been included in and/or

addressed by the Criteria for

Classification of Solid Waste Disposal

Facilities and Practices, 40 CFR Part

257, promulgated on September 13,

1979 (44 FR 53460) and the Criteria for

Municipal Solid Waste Landfills, 40

CFR Part 258, promulgated on October

9, 1991 (56 FR 50978). The removal of

these rules from the CFR because they

are obsolete is not intended to affect the

status of any civil or criminal actions

that were initiated prior to the date of

publication of this notice or which may

be initiated in the future to redress

violations of the rules that occurred

when the rules were still legally in

effect.

II. Obsolete Rule

40 CFR Part 241—Guidelines for the

Land Disposal of Solid Waste

On August 14, 1974, EPA issued

guidelines for the land disposal of all

solid waste materials, excluding

hazardous, agricultural, and mining

wastes. These guidelines were intended

to ensure that design, construction, and

operation of land disposal sites for nonhazardous or municipal solid wastes

met specified health and environmental

standards. These guidelines were

required to be followed by federal

agencies and recommended to state and

local governmental agencies. All

guideline requirements contained in 40

CFR Part 241 are now included in and/

or addressed by the Criteria for

Classification of Solid Waste Disposal

Facilities and Practices (40 CFR Part

257) and the Criteria for Municipal

Solid Waste Landfills (40 CFR Part 258).

These criteria must be followed by

federal agencies. 42 U.S.C. 6961(a).

Accordingly, EPA is removing the Part

241 guidelines from the CFR.

III. Good Cause Exemption From

Notice-and-Comment Rulemaking

Procedures

The Administrative Procedure Act

generally requires agencies to provide

prior notice and opportunity for public

comment before issuing a final rule. 5

U.S.C. 553(b). Rules are exempt from

this requirement if the issuing agency

finds for good cause that notice and

comment is unnecessary. 5 U.S.C.

553(b)(3)(B). EPA has determined that

providing prior notice and opportunity

for comment on the deletion of the 40

CFR Part 241 guidelines from the CFR

is unnecessary. For the reasons

discussed in Sections I and II, these

guidelines are covered/addressed by 40

CFR Parts 257 and 258. Thus,

withdrawing them from the CFR will

have no impact on current Federal and

state solid waste management practices.

For the same reasons, EPA believes

there is good cause for making the

removal of these guidelines from the

CFR immediately effective. See 5 U.S.C.

553(d).