Federal Register / Vol. 60, No. 81 / Thursday, April 27, 1995 / Rules and Regulations 20643

a significant economic impact on a

substantial number of small entities as

they are defined in the Regulatory

Flexibility Act (RFA), 5 U.S.C. 601–612.

This amendment will directly affect VA

beneficiaries but will not directly affect

small businesses. Therefore, pursuant to

5 U.S.C. 605(b), this final rule is exempt

from the initial and final regulatory

flexibility analyses requirements of

sections 603 and 604.

There are no affected Catalog of

Federal Domestic Assistance Program

numbers.

List of Subjects in 38 CFR Part 3

Administrative practice and

procedure, Claims, Health care,

Individuals with disabilities, Pensions,

Veterans.

Approved: April 7, 1995.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR part 3 is amended as

set forth below:

PART 3—ADJUDICATION

Subpart A—Pension, Compensation,

and Dependency and Indemnity

Compensation

1. The authority citation for part 3,

subpart A continues to read as follows:

Authority: 38 U.S.C. 501(a), unless

otherwise noted.

2. Section 3.812 is amended by

revising paragraph (f) and the authority

citation following the paragraph to read

as follows:

§ 3.812 Special allowance payable under

section 156 of Pub. L. 97–377.

* * * * *

(f) Retroactivity and effective dates.

There is no time limit for filing a claim

for this special allowance. Upon the

filing of a claim, benefits shall be

payable for all periods of eligibility

beginning on or after the first day of the

month in which the claimant first

became eligible for this special

allowance, except that no payment may

be made for any period prior to January

1, 1983.

(Authority: Sec. 156, Pub. L. 97–377, 96 Stat.

1830, 1920 (1982))

[FR Doc. 95–10315 Filed 4–26–95; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[WI39–03–6674; FRL–5197–5]

Approval and Promulgation of

Implementation Plan; Wisconsin;

Correction

AGENCY: United States Environmental

Protection Agency (USEPA).

ACTION: Technical Amendment.

SUMMARY: This document contains

corrections to a final rule which was

published Monday, August 15, 1994 (59

FR 41711). The final rule approved

volatile organic compound (VOC)

regulations which were incorporated by

reference into the Wisconsin State

Implementation Plan (SIP).

EFFECTIVE DATE: This action is effective

April 27, 1995.

FOR FURTHER INFORMATION CONTACT:

Kathleen D’Agostino at (312) 886–1767.

SUPPLEMENTARY INFORMATION:

Background

On August 15, 1994 (59 FR 41709),

the United States Environmental

Protection Agency (USEPA) approved a

revision to the Wisconsin SIP which

replaced the 154 series stationary source

VOC regulations previously contained

in Wisconsin’s ozone SIP with 400

series regulations which are consistent

with the Wisconsin Administrative

Code. However, when these regulations

were incorporated by reference into the

Wisconsin SIP, USEPA failed to include

the effective dates of the regulations.

Need for Correction

As published, it is unclear which

version of the State’s regulations are

being incorporated by reference.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements.

Authority: 42 U.S.C. 7401–7671q.

Dated: March 31, 1995.

Valdas V. Adamkus,

Regional Administrator.

Correction of Publication

Accordingly, the publication on

August 15, 1994, of the codification of

the final regulations, which were the

subject of FR Doc. 94–19842, is

corrected by making the following

technical amendments:

40 CFR Subpart YY—Wisconsin

Paragraph 52.2570(c)(73) is revised to

read as follows:

§ 52.2570 Identification of plan.

* * * * *

(c) * * *

(73) Revisions to the ozone State

Implementation Plan (SIP) were

submitted by the Wisconsin Department

of Natural Resources on September 22,

1993, and January 14, 1994. These rules

replace the 154 series stationary source

VOC regulations previously contained

in Wisconsin’s ozone SIP with 400

series regulations which are consistent

with the current Wisconsin

Administrative Code. These rules are

only being approved as they apply to

the ozone SIP.

(i) Incorporation by reference. The

following chapters of the Wisconsin

Administrative Code are incorporated

by reference.

(A) Chapter NR 400: AIR POLLUTION

CONTROL DEFINITIONS. NR 400.01 as

published in the (Wisconsin) Register,

February, 1990, No. 410, effective March

1, 1990. NR 400.02 as published in the

(Wisconsin) Register, June, 1993, No.

450, effective July 1, 1993.

(B) Chapter NR 419: CONTROL OF

ORGANIC COMPOUND EMISSIONS,

except for NR 419.07. NR 419.01,

419.02, 419.03, 419.04 and 419.06 as

published in the (Wisconsin) Register,

February, 1990, No. 410, effective March

1, 1990. NR 419.05 as published in the

(Wisconsin) Register, December, 1993,

No. 456, effective January 1, 1994.

(C) Chapter NR 420: CONTROL OF

ORGANIC COMPOUND EMISSIONS

FROM PETROLEUM AND GASOLINE

SOURCES. NR 420.01 as published in

the (Wisconsin) Register, February,

1990, No. 410, effective March, 1, 1990.

NR 420.02 and 420.045 as published in

the (Wisconsin) Register, January, 1993,

No. 445, effective February 1, 1993. NR

420.03 and 420.04 as published in the

(Wisconsin) Register, December, 1993,

No. 456, effective January 1, 1994. NR

420.05 as published in the (Wisconsin)

Register, May, 1992, No. 437, effective

June 1, 1992.

(D) Chapter NR 421: CONTROL OF

ORGANIC COMPOUND EMISSIONS

FROM CHEMICAL, COATINGS AND

RUBBER PRODUCTS

MANUFACTURING. NR 421.01 as

published in the (Wisconsin) Register,

February, 1990, No. 410, Effective

March 1, 1990. NR 421.02, 421.03,

421.05 and 421.06 as published in the

(Wisconsin) Register, December, 1993,

No. 456, effective January 1, 1994. NR

421.04 as published in the (Wisconsin)
20644 Federal Register / Vol. 60, No. 81 / Thursday, April 27, 1995 / Rules and Regulations

Register, May, 1992, No. 437, effective

June 1, 1992.

(E) Chapter NR 422: CONTROL OF

ORGANIC COMPOUND EMISSIONS

FROM SURFACE COATING, PRINTING

AND ASPHALT SURFACING

OPERATIONS. NR 422.01, 422.05,

422.06, 422.07, 422.08, 422.085, 422.09,

422.10, 422.11, 422.12, 422.13, 422.155

and 422.16 as published in the

(Wisconsin) Register, February, 1990,

No. 410, effective March 1, 1990. NR

422.02, 422.03, 422.04, 422.14 and

422.15 as published in the (Wisconsin)

Register, December, 1993, No. 456,

effective January 1, 1994.

(F) Chapter NR 423: CONTROL OF

ORGANIC COMPOUND EMISSIONS

FROM SOLVENT CLEANING

OPERATIONS. NR 423.01 as published

in the (Wisconsin) Register, February,

1990, No. 410, effective March 1, 1990.

NR 423.02 as published in the

(Wisconsin) Register, January, 1987, No.

385, effective February 1, 1988. NR

423.03, 423.04, and 423.05 as published

in the (Wisconsin) Register, December,

1993, No. 456, effective January 1, 1994.

(G) Chapter NR 424: CONTROL OF

ORGANIC COMPOUND EMISSIONS

FROM PROCESS LINES. NR 424.01 and

424.03 as published in the (Wisconsin)

Register, February, 1990, No. 410,

effective March 1, 1990. NR 424.02 as

published in the (Wisconsin) Register,

April, 1988, No. 388, effective May 1,

1988. NR 424.04 as published in the

(Wisconsin) Register, December, 1993,

No. 456, effective January 1, 1994.

(H) Chapter NR 425: COMPLIANCE

SCHEDULES, EXCEPTIONS,

REGISTRATION AND DEFERRALS FOR

ORGANIC COMPOUND EMISSION

SOURCES IN CHS. NR 419 TO 424. NR

425.01 and 425.02 as published in the

(Wisconsin) Register, February, 1990,

No. 410, effective March 1, 1990. NR

425.03 425.04 and 425.05 as published

in the (Wisconsin) Register, December,

1993, No. 456, effective January 1, 1994.

NR 425.035 as published in the

(Wisconsin) Register, January, 1993, No.

445, effective February 1, 1993.

(I) Chapter NR 439: REPORTING,

RECORDKEEPING, TESTING,

INSPECTION AND DETERMINATION

OF COMPLIANCE REQUIREMENTS.

NR 439.01 and 439.085 as published in

the (Wisconsin) Register, May, 1992, No.

437, effective June 1, 1992. NR 439.02,

439.03, 439.04, 439.05, 439.055, 439.06,

439.07, 439.075, 439.09, 439.095 and

439.11 as published in the (Wisconsin)

Register, December, 1993, No. 456,

effective January 1, 1994. NR 439.08 as

published in the (Wisconsin) Register,

May, 1993, No. 449, effective June 1,

1993. NR 439.10 as published in the

(Wisconsin) Register, September, 1987,

No. 381, effective October 1, 1987.

(J) Chapter NR 484:

INCORPORATION BY REFERENCE. NR

484.01 as published in the (Wisconsin)

Register, May, 1992, No. 437, effective

June 1, 1992. NR 484.02 as published in

the (Wisconsin) Register, September,

1986, No. 369, effective October 1, 1986.

NR 484.03 as published in the

(Wisconsin) Register, May, 1993, No.

449, effective June 1, 1993. NR 484.04,

484.05 and 484.06 as published in the

(Wisconsin) Register, December, 1993,

No. 456, effective January 1, 1994. NR

484.08 and 484.09 as published in the

(Wisconsin) Register, October, 1992, No.

442, effective November 1, 1992.

[FR Doc. 95–10249 Filed 4–26–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[MI34–05–6892, MI35–03–6893; FRL–5197–6]

Approval and Promulgation of

Implementation Plan; Michigan, East

Lansing and Genesee County NOX

Exemptions

AGENCY: United States Environmental

Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is granting

exemptions to the East Lansing and

Genesee County ozone nonattainment

areas, both of which are classified as

transitional, from applicable oxides of

nitrogen (NOX) requirements found in

the Clean Air Act (Act). For transitional

areas the NOX requirements which

apply are conformity, both general and

transportation, and nonattainment new

source review. Approval of these

exemption requests would relieve these

areas from adopting and implementing

all of the aforementioned NOX

requirements. The State of Michigan

submitted NOX exemption requests for

the East Lansing and Genesee County

areas on July 1, 1994 and July 8, 1994,

respectively. These requests are based

on the fact that ozone monitoring in

these areas indicate that the average

number of exceedances of the National

Ambient Air Quality Standard for ozone

during the most recent 3-year period,

1991 to 1993, is fewer than one per year.

Given this monitoring data, Michigan

petitioned for exemptions from the NOX

requirements based on a demonstration

that additional reductions of NOX

would not contribute to attainment of

the ozone standard in these areas.

DATES: This final rule will be effective

May 30, 1995.

ADDRESSES: Written comments should

be sent to: Carlton T. Nash, Chief,

Regulation Development Section, Air

Toxics and Radiation Branch (AT–18J),

EPA, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604–

3590.

Copies of the request and the EPA’s

analysis are available for inspection at

the following address: U.S. EPA, Region

5, Air and Radiation Division, 77 West

Jackson Boulevard, Chicago, Illinois

60604–3590. (Please telephone Douglas

Aburano at (312) 353–6960 before

visiting the Region 5 office.)

FOR FURTHER INFORMATION CONTACT:

Douglas Aburano, Air Toxics and

Radiation Branch (AT–18J), EPA, Region

5, Chicago, Illinois 60604, (312) 353–

6960.

SUPPLEMENTARY INFORMATION:

I. Background

On July 1, 1994 and July 8, 1994 the

State of Michigan submitted petitions to

the EPA requesting that the East Lansing

and Genesee County ozone

nonattainment areas be exempted from

the requirement to implement NOX

controls pursuant to section 182(f) of the

Act. The exemption request is based

upon monitoring data which

demonstrate that the average number of

exceedances of the ozone standard in

these areas during the most recent 3-

year period, 1991 through 1993, is fewer

than one per year.

On December 28, 1994, EPA

published a rulemaking proposing

approval of the NOX exemption

petitions. During the 30 day public

comment period, EPA received joint

adverse comments from the Natural

Resources Defense Council, Sierra Club

Legal Defense Fund, and the

Environmental Defense Fund and also

from a private party.

II. Public Comment/EPA Response

The following evaluation summarizes

each comment received and EPA’s

response to the comment. A more

detailed discussion of the State

submittal and the rationale for the EPA’s

action based on the Act and cited

references appear in EPA’s technical

support documents dated August 9,

1994 and March 10, 1995.

NRDC Comments

Following is a summary of comments

received from the NRDC in a letter dated

August 24, 1994. After each comment is

EPA’s response.

NRDC Comment 1

Certain commenters argued that NOX

exemptions are provided for in two