20232 Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 9

[FRL–5194–9]

OMB Approval Number Under the

Paperwork Reduction Act; Regulation

of Fuels and Fuel Additives

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; technical

amendment; and confirmation of

effective date.

SUMMARY: In compliance with the

Paperwork Reduction Act, this

document announces that the

Information Collection Requirements

(ICR) contained in the Regulations of

Fuels and Fuel Additives; Fuel Quality

Regulations for Highway Diesel Fuel

Sold in 1993 and Later Calendar Years

Interim Final Rule, as published in the

Federal Register on July 14, 1994, have

been approved by the Office of

Management and Budget (OMB) and the

affected subsection of the regulation is

effective April 25, 1995. This document

also displays the OMB control number

issued under the Paperwork Reduction

Act (PRA) in the OMB approval table.

EFFECTIVE DATE: 40 CFR 80.29(e), which

contains ICRs, and the amendment to 40

CFR part 9 are effective April 25, 1995.

FOR FURTHER INFORMATION CONTACT: Paul

N. Argyropoulos, Field Operations and

Support Division, U.S. Environmental

Protection Agency, 401 M Street SW.,

Washington, DC 20460, phone: (202)

233–9004.

SUPPLEMENTARY INFORMATION: EPA is

today amending the table of currently

approved information collection request

(ICR) control numbers issued by OMB

for various regulations. Today’s

amendment updates the table to

accurately display those information

requirements promulgated under the

Regulations of Fuels and Fuel

Additives, Fuel Quality Regulations for

Highway Diesel Fuel Sold in 1993 and

Later Calendar Years which appeared in

the Federal Register on July 14, 1994

(59 FR 35854). The affected regulations

are codified at 40 CFR 80.29(c). This

display of the OMB control number and

its subsequent codification in the Code

of Federal Regulations satisfies the

requirements of the Paperwork

Reduction Act (44 U.S.C. 3501 et seq.)

and OMB’s implementing regulations at

5 CFR 1320.

The information collection

requirement was previously subject to

public notice and comment prior to

OMB approval. As a result, EPA finds

that there is ‘‘good cause’’ under the

Administrative Procedure Act (5 U.S.C.

553(b)(B) and 5 U.S.C. 553(d)(3)) to

amend this regulation without prior

notice and comment. Also due to the

technical nature of this revision, the

Agency believes further notice and

comment is unnecessary.

List of Subjects in 40 CFR Part 9

Environmental protection, Reporting

and recordkeeping requirements.

Dated: December 21, 1994.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, title 40, chapter I is amended

as follows:

PART 9—[AMENDED]

1. Part 9 is amended as follows:

a. The authority citation for part 9

continues to read as follows:

Authority: 7 U.S.C. 135 et seq., 136–136y;

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321,

1326, 1330, 1344, 1345, (d) and (e), 1361;

E.O. 11735, 38 FR 21243; 3 CFR, 1971–1975

Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246,

300f, 300g, 300g-1, 300g-2, 300g-3, 300g-4,

300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4,

300j-9, 1857 et seq., 6901–6992k, 7401–

7671q, 7542, 9601–9657, 11023, 11048.

b. In § 9.1 the table is amended by

adding under the indicated heading an

entry in numerical order to read as

follows:

§ 9.1 OMB approvals under the Paperwork

Reduction Act.

* * * * *

REGULATION OF FUELS AND FUEL

ADDITIVES

40 CFR citation OMB control No.

* * * * *

80.29(c) ..................................... 2060–0308

* * * * *

[FR Doc. 95–10141 Filed 4–24–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 9 and 80

[FRL–5194–8]

RIN 2060–AD71

OMB Approval Number Under the

Paperwork Reduction Act; Regulation

of Fuels and Fuel Additives

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; technical

amendment; and confirmation of

effective date.

SUMMARY: In compliance with the

Paperwork Reduction Act, this

document announces that the

Information Collection Requirements

(ICR) contained in the Interim

Requirements for Deposit Control

Gasoline Additives Final Rule, as

published in the Federal Register on

November 1, 1994, have been approved

by the Office of Management and

Budget (OMB) on December 16, 1994.

The ICR recrements of this regulation

are effective April 25, 1995. This

document also displays the OMB

control number issued under the

Paperwork Reduction Act (PRA) in the

OMB approval table.

EFFECTIVE DATE: 40 CFR 80.141(c)–(f),

80.157, 80.158 and 80.160 which

contain information collection

requirements (ICR) and the amendments

to 40 CFR part 9, are effective April 25,

1995.

FOR FURTHER INFORMATION CONTACT: Mr.

Ervin B. Pickell, U.S. EPA, Office of

Enforcement and Compliance

Assurance, Western Field Office, 12345

West Alameda Parkway, Suite 214,

Denver, CO 80228, Telephone: (303)

969–6476, FAX: (303) 969–6490.

SUPPLEMENTARY INFORMATION: EPA is

today amending the table of currently

approved information collection request

(ICR) control numbers issued by OMB

for various regulations. Today’s

amendment updates the table to

accurately display those information

requirements promulgated under the

Interim Requirements for Deposit

Control Gasoline Additives Final Rule,

which appeared in the Federal Register

on November 1, 1994 (59 FR 54678 et

seq.) The affected regulations are

codified at 40 CFR part 80, subpart G.

EPA will continue to present OMB

control numbers in a consolidated table

format to be codified in 40 CFR part 9

of the Agency’s regulations, and in each

CFR volume containing EPA

regulations. The table lists the section

numbers with reporting and

recordkeeping requirements, and the

current OMB numbers. This display of

the OMB control number and its

subsequent codification in the Code of

Federal Regulations satisfies the

requirements of the Paperwork

Reduction Act (44 U.S.C. 3501 et seq.)

and OMB’s implementing regulations at

5 CFR 1320.

This ICR was previously subject to

public notice and comment prior to

OMB approval. As a result, EPA finds

that there is ‘‘good cause’’ under section

553(b)(B) of the Administrative

Procedure Act (5 U.S.C. 553(b)(B)) to

amend this table without prior notice

and comment. Due to the technical
Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Rules and Regulations 20233

1See ‘‘Scope of Nitrogen Oxides (NOX)

Exemptions,’’ from G.T. Helms, Group Leader,

Ozone/Carbon Monoxide Programs Branch (MD–

15), to the Air Branch Chiefs, January 12, 1995. ‘‘I/

M Requirements in NOX RACT Exempt Areas’’,

from Mary T. Smith, Acting Director, Office of

Mobile Sources, to the Air Division Directors,

October 14, 1994.

nature of the table, further notice and

comment would be unnecessary.

List of Subjects

40 CFR Part 9

Reporting and recordkeeping

requirements.

40 CFR Part 80

Fuel additives, Motor vehicle

pollution.

Dated: April 13, 1995.

Carol M. Browner,

Administrator.

For the reasons set forth in the

preamble, title 40, chapter 1 is amended

as follows:

PART 9—[AMENDED]

a. The authority citation for part 9

continues to read as follows:

Authority: 7 U.S.C. 135 et seq., 136–136y;

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321,

1326, 1330, 1344, 1345, (d) and (e), 1361;

E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975

Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246,

300f, 300g, 300g–1, 300g–2, 300g–3, 300g–4,

300g–5, 300g–6, 300j–1, 300j–2, 300j–3, 300j–

4, 300j–9, 1857 et seq., 6901–6992k, 7401–

7671q, 7542, 9601–9657, 11023, 11048.

b. The table in § 9.1 is amended by

adding under the indicated heading the

new entries in numerical order to read

as follows:

§ 9.1 OMB approvals under the Paperwork

Reduction Act.

* * * * *

REGULATION OF FUELS AND FUEL

ADDITIVES

40 CFR citation OMB control No.

* * * *

80.141(c)–(f) ............................. 2060–0275

80.157 ....................................... 2060–0275

80.158 ....................................... 2060–0275

80.160 ....................................... 2060–0275

* * * *

[FR Doc. 95–10063 Filed 4–24–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[CA–82–1–6926; FRL–5195–9]

Clean Air Act Section 182(f) NOX

Exemption Petition; Monterey Bay

Ozone Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is finalizing the

approval of a petition submitted by the

Monterey Bay Unified Air Pollution

Control District (MBUAPCD) requesting

that EPA grant an exemption for the

Monterey Bay ozone nonattainment area

(Monterey Bay) from the section 182(f)

requirement to control major stationary

sources of oxides of nitrogen (NOX)

emissions. EPA published a proposed

action to approve the Monterey Bay

NOX exemption in the Federal Register

on December 20, 1994. In accordance

with the requirements of the Clean Air

Act, as amended in 1990 (the Act or

CAA), the EPA has determined that

additional NOX reductions from major

stationary sources in Monterey Bay

would not contribute to attainment of

the national ambient air quality

standard (NAAQS) for ozone. The

approval of this action exempts

Monterey Bay from implementing the

NOX requirements for reasonably

available control technology (RACT),

new source review (NSR), and the

applicable general and transportation

conformity and inspection and

maintenance (I/M) requirements of the

CAA. The EPA is finalizing approval of

this action under provisions of the Act

regarding plan requirements for

nonattainment areas.

EFFECTIVE DATE: This action is effective

as of April 12, 1995. The Administrative

Procedure Act (APA) 5 U.S.C. 553(d)(1),

permits the effective date of a

substantive rule to be less than thirty

days after publication of the rule if the

rule ‘‘relieves a restriction’’. Since the

approval of the section 182(f) exemption

for the Monterey Bay area is a

substantive action that relieves the

restrictions associated with the CAA

title I requirements to control NOX

emissions, the NOX exemption approval

may be made effective upon signature

by the EPA Administrator.

ADDRESSES: Copies of the petition and

EPA’s evaluation report are available for

public inspection at EPA’s Region IX

office during normal business hours.

Copies of the submitted petition are

available for inspection at the following

locations:

Rulemaking Section (A–5–3), Air and

Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105.

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street SW.,

Washington, DC 20460.

Monterey Bay Unified Air Pollution

Control District, Rule Development

Section, 24580 Silver Cloud Court,

Monterey, CA 93940.

FOR FURTHER INFORMATION CONTACT:

Wendy Colombo, Rulemaking Section,

Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105, Telephone: (415)

744–1202.

SUPPLEMENTARY INFORMATION:

Background

On December 20, 1994, EPA proposed

to approve the Monterey Bay NOX

exemption petition, submitted by the

MBUAPCD on April 26, 1994. 59 FR

65523. The exemption petition is based

on ambient monitoring data and

demonstrates that additional NOX

reductions in Monterey Bay would not

contribute to attainment of the NAAQS

for ozone. A detailed discussion of the

background concerning the NOX

requirements and the submitted petition

is provided in the notice of proposed

rulemaking (NPRM) cited above.

EPA has evaluated the exemption

petition for consistency with the

requirements of the CAA, EPA

regulations, and EPA interpretation of

these requirements as expressed in the

various EPA policy guidance documents

referenced in the NPRM cited above.

EPA believes that the petition satisfies

the applicable EPA requirements and is,

therefore, exempting the Monterey Bay

area from implementing the NOX

requirements for RACT, NSR, and the

applicable general and transportation

conformity and I/M requirements 1 of

the CAA.

The proposal identifies two NOX

RACT source categories MBUAPCD has

identified which encompass the major

stationary sources of NOX in the

Monterey Bay nonattainment area.

Rules have been developed and

submitted for these two categories,

entitled, Rule 431, Emissions From

Utility Power Boilers, and Rule 435,

Control of Nitrogen Oxides From Kilns.

EPA indicated in the NPRM that once

the final approval of the NOX waiver is

granted, MBUAPCD would then rescind

the two NOX rules submitted for

inclusion into the California SIP. This is

not the intention of MBUAPCD with

respect to one of these rules.

MBUAPCD, in subsequently applying to

EPA for redesignation to attainment of

the NAAQS for ozone, has indicated

that the emissions reductions achieved

by rule 431 will form part of its ozone