20068 Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Proposed Rules

4 VCAPCD’s Rule 74.9 references California ARB

Method 100, which has been cited for certain

deficiencies by the Emissions Measurement Branch.

The California ARB has committed to correcting

these deficiencies, and final approval of Rule 74.9

is contingent on these corrections.

15 ppmv for units greater than 10 MW

not using SCR. The corresponding

emission limits for oil-fired units are 65

ppmv, 65 ppmv, 25 ppmv, and 42

ppmv, respectively. PCAPCD’s Rule 250

incorporates the BARCT limits for gas

turbines and is consistent with all of the

guidance’s other requirements. The rule

contains adequate recordkeeping

requirements, and the appropriate test

methods for compliance determinations

are referenced. The exemptions

provided in the rule are consistent with

EPA guidelines. The rule requires final

compliance by May 31, 1995. A more

detailed discussion of the sources

controlled, the controls required, and

the justification for why these controls

represent RACT can be found in the

Technical Support Document (TSD) for

Rule 250, dated November 28, 1994.

The NOX limits suggested by the

California Air Resources Board (ARB) as

RACT for IC engines rated at 50 brake

horsepower or more are 50 ppmv (90%

reduction) for rich-burn engines, 125

ppmv (80% reduction) for lean-burn

engines, and 610 ppmv for diesel

engines. These limits were

recommended using information

regarding average, actual, uncontrolled

levels and previous regulatory control in

Ventura County, the South Coast Basin,

and Santa Barbara County. EPA agrees

that these limits are consistent with the

Agency’s guidance and policy for

making RACT determinations in terms

of general cost-effectiveness, emission

reductions, and environmental impacts.

VCAPCD’s Rule 74.9 has already been

incorporated into the SIP and its RACT

limits are consistent with those

recommended by the California ARB.

However, this most recent submittal

includes the following significant

changes from the current SIP:

1. The provisions of the rule now

apply to IC engines rated at 50 hp and

above, operating on any gaseous fuel,

including liquid petroleum gas (LPG) or

diesel fuel.

2. The NOX emission standards for

rich-burn engines and lean-burn engines

have been reduced to 25 ppmv and 45

ppmv, respectively. Rich-burn engines

and lean-burn engines that operate on

waste gas are no longer exempt from the

rule and must comply with the rule’s

old emission limits of 50 ppmv and 125

ppmv, respectively. An 80 ppmv

standard for diesel engines and

emission limits for CO and VOCs have

also been added to the rule.

3. The rule prohibits the discharge of

ammonia in excess of 20 ppmv from any

emission control device.

4. The provisions allowing groups of

operators to combine their engines and

resources and be considered a single

operator have been deleted.

5. The provisions allowing the results

from NOX control demonstration

projects on lean-burn engines in other

counties, to be used by sources in the

VCAPCD to satisfy the requirements of

the rule, have been deleted.

6. The Cost-Effectiveness Certification

provision has been deleted since it is no

longer necessary.

7. The rule now requires annual

reports of fuel usage, source test results,

and other operational data about each

engine before permit renewal.

8. The Special Circumstances

provisions that allow variances from the

rule have been deleted. EPA Method 20

with the District’s modifications is no

longer used for compliance

determinations.

9. The rule’s definitions and

exemptions have been updated.

The California ARB is in the process

of adopting the more stringent emission

standards of Rule 74.9 as BARCT for IC

engines. A more detailed discussion of

the sources controlled, the controls

required, and the justification for why

these controls represent RACT can be

found in the Technical Support

Document (TSD) for Rule 74.9, dated

December 5, 1994.

EPA has evaluated the submitted

rules and has determined that they are

consistent with the CAA, EPA

regulations and EPA policy. Therefore,

PCAPCD’s Rule 250, ‘‘Stationary Gas

Turbines,’’ and VCAPCD Rule 74.9,

‘‘Stationary Internal Combustion

Engines,’’ are being proposed for

approval under section 110(k)(3) of the

CAA as meeting the requirements of

section 110(a), section 182(b)(2), section

182(f) and the NOX Supplement to the

General Preamble.

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.4

Regulatory Flexibility

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

economic impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000.

SIP approvals under section 110 and

subchapter I, Part D of the CAA 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 it does not have a significant

impact on affected small entities.

Moreover, due to the nature of the

Federal-state relationship under the

CAA, preparation of a regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427

U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C.

7410(a)(2).

The OMB has exempted this

regulatory action from review under

Executive Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compound.

Authority: 42 U.S.C. 7401–7671q.

Dated: April 12, 1995.

Felicia Marcus,

Regional Administrator.

[FR Doc. 95–10059 Filed 4–21–95; 8:45 am]

BILLING CODE 6560–50–W

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

43 CFR Parts 426 and 427

[IN: 1006–AA32]

Acreage Limitation and Water

Conservation Rules and Regulations

AGENCY: Bureau of Reclamation,

Interior.

ACTION: Notice of public hearings on the

proposed rulemaking.

SUMMARY: In response to a September

1993 contract for settlement of a lawsuit

filed by the Natural Resources Defense

Council, National Wildlife Federation,

California Natural Resources Federation,
Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Proposed Rules 20069

California Association of Family

Farmers, California Action Network,

League of Rural Voters Inc., and County

of Trinity, California; the Bureau of

Reclamation (Reclamation) has prepared

new acreage limitation and water

conservation rules and regulations for

implementing the Reclamation Reform

Act of 1982, as amended, throughout the

17 Western United States. The proposed

rules were published in the Federal

Register on April 3, 1995 (60 FR 16922,

Apr. 3, 1995), and are open to a 60-day

review and comment period which will

close on June 2, 1995.

Public hearings will be held to receive

comments from interested organizations

and individuals on the proposed rules.

During the week prior to the scheduled

hearings there will be several public

forums at various locations throughout

the Western States to provide an

opportunity for the public to receive

information and clarification concerning

the proposed changes to the rules and

regulations. Information regarding these

forums will be provided to affected

parties by mail.

DATES: Public hearings on the proposed

rules are scheduled as follows:

1. May 8, 1995, at 7:00 p.m. Yakima,

Washington; Billings, Montana

2. May 9, 1995, at 7:00 p.m., Boise,

Idaho; Lakewood, Colorado

3. May 10, 1995, at 7:00 p.m.,

Sacramento, California; Phoenix,

Arizona

4. May 11, 1995, at 7:00 p.m., Salt Lake

City, Utah; Fresno, California

ADDRESSES: The hearings will be held at

the following locations:

1. Yakima—Red Lion Inn (Yakima

Valley), 1507 North First Street,

Yakima, Washington

Billings—Sheraton Hotel, 27 North 27th

Street, Billings, Montana

2. Boise—Red Lion Inn Riverside, 2900

Chinden Blvd., Boise, Idaho

Lakewood—Sheraton Denver West

Hotel, 360 Union Blvd, Lakewood,

Colorado

3. Sacramento—Red Lion Hotel, 2001

Point West Way, Sacramento,

California

Phoenix—Hilton Point at South

Mountain, 7777 South Point Parkway,

Phoenix, Arizona

4. Salt Lake City—Hilton Hotel, 150

West 500 South, Salt Lake City, utah

Fresno—Holiday Inn (Airport), 5090

East Clinton, Fresno, California

Written comments for inclusion in the

official record should be received at the

Bureau of Reclamation by June 2, 1995.

Comments should be addressed to: Mr

Ronald J. Schuster (D–5010), Westwide

Settlement Manager, Bureau of

Reclamation, Denver Office, PO Box

25007, Denver CO 80225.

A dedicated toll-free telephone line

has been established at 1–800–861–5443

through June 2, 1995 to accommodate

oral comments from those not attending

a public hearing. Comments will be

recorded on tape and transcribed by a

court reporter, and will be part of the

official record. Statements are limited to

10 minutes and must include the

commentor’s name in order to be

included in the official record. Address

and affiliation are optional.

FOR FURTHER INFORMATION CONTACT:

Ronald J. Schuster, (303) 236–9336, ext.

237.

SUPPLEMENTARY INFORMATION: An

identical notice is published in this

Federal Register regarding public

hearings on the environmental impacts

of the proposed rules and regulations for

implementing the Reclamation Reform

Act of 1982.

Ground rules for the hearings are

presented below:

—While each hearing is in session, all

comments will be recorded by a court

reporter.

—Speakers should identify themselves

and any organization that they

represent.

—Statements will be limited to 10

minutes, and speakers will not be

allowed to trade time to obtain longer

presentations. The hearing officer may

allow any speaker additional time

after all scheduled speakers have been

heard. The hearing officer may also

shorten the 10 minute limit if the

number of speakers is too large to fit

within a reasonable time frame.

—No one will be recognized to speak

other than those parties who are

presenting statements.

—To ensure a complete and accurate

record, it will be necessary that only

one person speak at a time.

—Persons presenting views will not be

sworn in or otherwise placed under

oath.

—There will be no examination or

interrogation of speakers.

—There will be no response by the

hearing officer or other Bureau of

Reclamation staff on speaker

comments.

—Due to the shortness of available time,

speakers are encouraged to summarize

their comments as much as possible

and give the court reporter a copy of

their full statement which will be

added to the official record.

—Speakers will be scheduled according

to the order in which they sign up.

Any speaker not present when called

will lose his or her turn in the

scheduled order, but will be given an

opportunity to speak at the end of the

scheduled presentations.

—After the scheduled speakers have

been heard, each individual who

wishes to speak will be afforded that

opportunity.

—People are asked to refrain from

clapping or other actions that might

interfere with the speakers or hearing.

Dated: April 18, 1995.

Wayne O. Deason,

Assistant Director, Program Analysis Office.

[FR Doc. 95–10011 Filed 4–21–95; 8:45 am]

BILLING CODE 4310–94–P–M

DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 383

[Docket No. R–156]

RIN 2133–AB16

Determination of Fair and Reasonable

Guideline Rates for the Carriage of

Less-Than-Shipload Lots of Bulk and

Packaged Preference Cargoes on U.S.-

Flag Commercial Liner Vessels

AGENCY: Maritime Administration, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The regulations at 46 CFR

part 383 (‘‘Rule’’) specify the procedures

for the calculation of fair and reasonable

guideline rates for certain preference

cargoes carried in U.S.-flag vessels

employed in a liner service. Currently,

the rule applies only to less-thanshipload lots of dry bulk preference

cargoes on U.S.-flag vessels. The United

States Department of Agriculture

(USDA) and the Agency for

International Development (AID), the

major U.S. government shipper

agencies, have requested that the

Maritime Administration (MARAD)

provide them with guideline rates for

bagged and packaged agricultural

commodities and to clarify MARAD’s

policy for prioritization of U.S.-flag

shipping services for compliance with

the cargo preference requirements of the

Cargo Preference Act of 1954. MARAD

provides guideline rates for such

commodities on bulk vessels, under a

similar regulation for bulk vessels at 46

CFR part 382, but does not now provide

guideline rates for bagged or packaged

cargoes in less-than-shipload lots on

vessels in a liner service. This

amendment will extend the scope of the

rule to cover bagged or packaged

agricultural commodities in parcels of

5,000 tons and greater on vessels in a

liner service. Prioritization is outside

the scope of these regulations; MARAD

will address this issue separately at a

later date.