40044 Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 /Rules and Regulations

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 impactr on a substantial

number of small entities because SIP

approvals under section 110 and

subchapter I, part D of the 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

Act, preparation of a flexibility analysis

would constitute Federal inquiry into

the economic reasonableness of the

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)(2).

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 does not

impose any new federal 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. EPA will submit 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 United

States prior to publication of the rule in

the Federal Register. This action is not

a ‘‘major rule’’ as defined by 5 U.S.C.

804(2). This rule will be effective.

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 September 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)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Intergovernmental

relations, Oxides of Nitrogen, Ozone,

Transportation-air quality planning,

Transportation conformity.

Authority: 42 U.S.C. 7401–7671q.

Dated: July 15, 1998.

David A. Ullrich,

Acting 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 P—Indiana

2. Section 52.777 is amended by

adding paragraph (t) to read as follows:

§ 52.777 Control strategy: Photochemical

Oxidants (hydrocarbons).

* * * * *

(t) Approval—On May 24, 1996, the

Indiana Department of Environmental

Management submitted a revision to the

ozone State Implementation Plan for

Lake and Porter Counties. The submittal

pertained to a plan for the

implementation of the Federal

transportation conformity requirements

in accordance with 40 CFR part 51

subpart T—Conformity to State or

Federal Implementation Plans of

Transportation Plans, Programs, and

Projects Developed, Funded or

Approved Under Title 23 U.S.C. or the

Federal Transit Act.

* * * * *

[FR Doc. 98–19931 Filed 7–24–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[KY–90–1–9735a: FRL–6130–3]

Approval and Promulgation of

Implementation Plans Kentucky:

Adoption of General Conformity

Regulations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On November 10, 1995, the

Commonwealth of Kentucky, through

the Kentucky Natural Resources and

Environmental Protection Cabinet

(KNREPC), submitted revisions to EPA

concerning the adoption of general

conformity rules into the Kentucky State

Implementation Plan (SIP). Since

general conformity rules are required by

Section 176 of the Clean Air Act (CAA)

in all nonattainment and maintenance

areas and the Kentucky submittal is

consistent with EPA requirements, these

revisions are being incorporated into the

Federally approved Kentucky SIP.

DATES: This direct final rule is effective

on September 25, 1998 without further

notice, unless EPA receives adverse

comment by August 26, 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 Gregory

O. Crawford at the Environmental

Protection Agency, Region 4 Air

Planning Branch, 61 Forsyth Street, SW,

Atlanta, Georgia 30303. Copies of

documents relative to this action are

available for public inspection during

normal business hours at the locations

below. The interested persons wanting

to examine these documents should

make an appointment with the

appropriate office at least 24 hours

before the visiting day. Reference file

KY–90–9735. The Region 4 office may

have additional background documents

not available at the other locations.

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection

Agency, 401 M Street, SW,

Washington, DC 20460.

Environmental Protection Agency,

Region 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303, Gregory O. Crawford, 404/562–

9046.

Commonwealth of Kentucky, Natural

Resources and Environmental
Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 /Rules and Regulations 40045

Protection Cabinet, 803 Schenkel

Lane, Frankfort, Kentucky 40601, 502/

564–3350.

FOR FURTHER INFORMATION CONTACT:

Gregory O. Crawford, 404/562–9046,

Regulatory Planning Section, Air

Planning Branch, Air, Pesticides &

Toxics Management Division, Region 4

Environmental Protection Agency, 61

Forsyth Street, SW, Atlanta, Georgia,

30303.

SUPPLEMENTARY INFORMATION: After the

1990 Clean Air Act Amendments, EPA

designated Boone County, Boyd County,

Campbell County, Daviess County,

Edmonson County, Fayette County,

Greenup County, Hancock County,

Jefferson County, Kenton County,

Livingston County, Marshall County,

Scott County, and portions of Bullitt

and Oldham Counties, Kentucky, as

nonattainment areas for the ozone

national ambient air quality standards

(NAAQS). In the November 30, 1993,

Federal Register (58 FR 63214), EPA

issued a final rule establishing criteria

and procedures for determining

conformity of general Federal actions to

state or Federal implementation plans.

Because the counties mentioned

above are either maintenance or

nonattainment areas, the general

conformity rule is applicable in those

counties. Before any industrial

development requiring approval from a

Federal agency can occur, a

determination must be reached that

such action, when taken, will conform

to the Kentucky SIP to maintain the

NAAQS for ozone. The Commonwealth

was therefore required to revise their

SIP, to include general conformity

criteria and procedures that are

consistent with the Federal rule. On

October 11, 1995, KNREPC formally

adopted criteria and procedures for

demonstrating and assuring the

‘‘Conformity of General Federal Actions

to the Kentucky Air Quality

Implementation Plan.’’ These

regulations were submitted to EPA on

November 10, 1995, for adoption into

the Federally enforceable SIP.

EPA has evaluated this SIP revision

and has determined that the

Commonwealth of Kentucky has fully

adopted by reference, the provisions of

the Federal general conformity rules

specified in 40 CFR part 51, subpart W.

Therefore, EPA believes that the

Commonwealth has met all applicable

requirements, and is approving the SIP

revision concerning the adoption of the

general conformity regulations.

Final Action

EPA is approving the aforementioned

changes to the SIP. The Agency has

reviewed this request for revision of the

Federally-approved State

implementation plan for conformance

with the provisions of the 1990

amendments enacted on November 15,

1990. The Agency has determined that

this action conforms with those

requirements.

EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, EPA is publishing a

separate document that will serve as the

proposal to approve the SIP revision

should relevant adverse comments be

filed. This rule will be effective

September 25, 1998 without further

notice unless the Agency receives

relevant adverse comments by August

26, 1998.

If the EPA receives such comments,

then EPA will publish a document

withdrawing the final rule and

informing the public that the rule will

not take effect. All public comments

received will then be addressed in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period.

Only parties interested in commenting

should do so at this time. If no such

comments are received, the public is

advised that this rule will be effective

on September 25, 1998 and no further

action will be taken on the proposed

rule.

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. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

Nothing in this action should be

construed as making any determination

or expressing any position regarding

Kentucky’s audit privilege and penalty

immunity law KRS 224.01-040 or its

impact upon any approved provision in

the SIP, including the revision at issue

here. 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 Kentucky’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.

I. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from review under Executive

Order 12866, entitled Regulatory

Planning and Review.

B. Executive Order 13045

The 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

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 create

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 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. U.S.

EPA, 427 U.S. 246, 255–66 (1976); 42

U.S.C. 7410(a)(2).

D. 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
40046 Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 /Rules and Regulations

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under Section 205,

EPA must select the most cost-effective

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 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.

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. EPA will submit 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 United

States prior to publication of the rule in

the Federal Register. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

F. 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 September 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).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides.

Dated: June 25, 1998.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

Part 52 of chapter I, title 40, 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 et seq.

Subpart S—Kentucky

2. Section 52.938 is added to read as

follows:

§ 52.938 General conformity.

The General Conformity regulations

were submitted on November 10, 1995,

and adopted into the Kentucky State

Implementation Plan (SIP). The

Commonwealth of Kentucky

incorporated by reference regulations 40

CFR part 51, subpart W—determining

conformity of General Federal Actions

to State or Federal Implementation

Plans.

[FR Doc. 98–20007 Filed 7–24–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[SC–34–1–9816a: FRL–6129–9]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants: South Carolina

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving the Sections

111(d)/129 State Plan submitted by the

State of South Carolina through the

South Carolina Department of Health

and Environmental Control (DHEC) on

January 14, 1998. The plan provides for

implementation and enforcement of the

Emissions Guidelines (EG) applicable to

existing Municipal Waste Combustors

(MWCs) with capacity to combust more

than 250 tons per day of municipal solid

waste (MSW). (See 40 CFR Part 60,

Subpart Cb.)

DATES: This direct final rule is effective

on September 25, 1998 without further

notice, unless EPA receives adverse

comment by August 26, 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 should

be addressed to: Gregory Crawford, EPA

Region 4, Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303. Copies of documents relative to

this action are available for public

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

Reference file SC–34–9816. The Region

4 office may have additional

background documents not available at

the other locations.

Air Radiation Docket and Information

Center (Air Docket 6102), U.S.

Environmental Protection Agency,

401 M Street, SW, Washington, DC

20460.

Environmental Protection Agency,

Region 4, Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303, Gregory O. Crawford, 404/562–

9046.

South Carolina Department of Health

and Environmental Control, Bureau of

Air Quality Control, 2600 Bull Street,

Columbia, South Carolina 29201, 803/

734–4750.

FOR FURTHER INFORMATION CONTACT:

Gregory O. Crawford, Regulatory

Planning Section, Air Planning Branch,

Air, Pesticides & Toxics Management

Division, Region 4 Environmental

Protection Agency, 61 Forsyth Street,

Atlanta, Georgia, 30303.

SUPPLEMENTARY INFORMATION:

I. Background

On December 19, 1995, pursuant to

sections 111 and 129 of the Clean Air

Act (the Act), EPA promulgated new

source performance standards (NSPS)

applicable to new MWCs and EG

applicable to existing MWCs. The NSPS

and EG are codified at 40 CFR Part 60,

Subparts Eb and Cb, respectively. (See

60 FR 65387.) Subparts Cb and Eb

regulate the following: particulate

matter, opacity, sulfur dioxide,

hydrogen chloride, oxides of nitrogen,

carbon monoxide, lead, cadmium,

mercury, and dioxins and

dibenzofurans.

On April 8, 1997, the United States

Court of Appeals for the District of

Columbia Circuit vacated subparts Cb