Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Rules and Regulations 22287

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

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 any small entities affected.

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 EPA is publishing this action

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective July 5, 1995

unless, by June 5, 1995, adverse or

critical comments are received.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received will be addressed in

a subsequent final rule based on the

separate proposed rule. The EPA will

not institute a second comment period

on this action. Any parties interested in

commenting on this action should do so

at this time. If no such comments are

received, the public is advised that this

action will be effective July 5, 1995.

The EPA has reviewed this request for

revision of the federally-approved SIP

for conformance with the provisions of

the 1990 Clean Air Act Amendments

enacted on November 15, 1990. The

EPA has determined that this action

conforms with those requirements.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic and environmental

factors and in relation to relevant

statutory and regulatory requirements.

This action has been classified as a

Table 2 action by the Regional

Administrator under the procedures

published in the Federal Register on

January 19, 1989 (54 FR 2214–2225), as

revised by an October 4, 1993

memorandum from Michael H. Shapiro,

Acting Assistant Administrator for Air

and Radiation. The OMB has exempted

this regulatory action from E.O. 12866

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 July 5, 1995.

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), 42 U.S.C. 7607(b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Ozone, Volatile organic

compounds.

Note: Incorporation by reference of the

Implementation Plan for the State of

Washington was approved by the Director of

the Office of Federal Register on July 1, 1982.

Dated: April 7, 1995.

Chuck Clarke,

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 WW—Washington

2. Section 52.2470 is amended by

adding paragraph (c)(52) to read as

follows:

§ 52.2470 Identification of plan.

* * * * *

(c) * * *

(52) On December 6, 1994, the

Director of WDOE submitted to EPA a

contingency measure SIP revision for

the Puget Sound Carbon Monoxide

Nonattainment Area to satisfy certain

applicable requirements of the Act.

(i) Incorporation by reference.

(A) Letter dated November 30, 1994

from WDOE to EPA submitting the CO

revision for the Puget Sound area and,

‘‘A Plan for Attaining and Maintaining

National Ambient Air Quality Standards

for the Puget Sound Carbon Monoxide

Nonattainment Area,’’ replacement

pages 10–1 through 10–3, dated

November 16, 1994, adopted November

29, 1994, and Attachment B of

Addendum E, ‘‘Contingency Measure

Plan Element for the Central Puget

Sound Region Carbon Monoxide State

Implementation Plan—Final Plan,’’

pages 1–15, dated May 26, 1994, and

adopted November 29, 1994.

[FR Doc. 95–11048 Filed 5–4–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[MS–19–1–6758a; FRL–5195–1]

Mississippi: Revisions to Prevention of

Significant Deterioration of Air Quality

Regulations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to

the State Implementation Plan (SIP) to

include modifications of the state

prevention of significant deterioration

(PSD) of air quality regulation to update

the adoption by reference in Regulation

APC–S–5, of the amendments and

revisions to the Federal regulations

promulgated in 40 CFR 52.21 and

51.166 as of the date of adoption of this

revision. This plan revision provides for

inclusion of particulate matter

increment requirements measured as

PM10 (particulate matter with an

aerodynamic diameter less than or equal

to a nominal ten micrometers) and

incorporation of revisions to the

Guideline on Air Quality Models

(including Supplement B) as

promulgated by EPA in 40 CFR 51.166(l)

and 40 CFR part 51, appendix W. This

plan revision further provides for

inclusion of amendments and revisions

to definitions and any other sections of

40 CFR 52.21 and 51.166 as

promulgated by EPA. The revision and

associated regulation amendments were

adopted on December 9, 1993, by the

Mississippi Commission on

Environmental Quality and became state

effective on January 9, 1994.

DATES: This action will be effective July

5, 1995 unless adverse or critical

comments are received by June 5, 1995.

If the effective date is delayed, timely

notice will be published in the Federal

Register.
22288 Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Rules and Regulations

ADDRESSES: Written comments should

be addressed to Kimberly Bingham at

EPA Region 4 address listed below.

Copies of the material submitted by the

State of Mississippi may be examined

during normal business hours at the

following 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 Programs Branch, 345

Courtland Street, NE., Atlanta,

Georgia 30365.

Mississippi Department of

Environmental Quality, P.O. Box

10385, Jackson, Mississippi 39289–

0385.

FOR FURTHER INFORMATION CONTACT:

Kimberly Bingham, Regulatory Planning

and Development Section, Air Programs

Branch, Air, Pesticides & Toxics

Management Division, Region 4

Environmental Protection Agency, 345

Courtland Street, NE., Atlanta, Georgia

30365, (404) 347–3555 ext. 4195.

SUPPLEMENTARY INFORMATION: On

January 26, 1994, the State of

Mississippi through the Department of

Environmental Quality, submitted a SIP

revision.

The SIP, which was adopted on

December 9, 1993, and became State

effective on January 9, 1994, updates the

adoption by reference in Regulation

APC–S–5 of the Federal regulations for

PSD of air quality as promulgated in 40

CFR 52.21 and 52.166 as of December 9,

1993. Changes were made to paragraphs

one and two of Regulation APC–S–5,

which updated the promulgation date to

December 9, 1993, and deleted the

phrase ‘‘the date of adoption of this

regulation’’ in paragraph one. The

sentence now reads, ‘‘40 CFR 52.21 and

51.166 as used in this regulation refer to

the federal regulations as promulgated

by December 9, 1993.’’ The phrases in

paragraph two ‘‘hereby adopted and’’

and ‘‘by reference’’ were deleted and

replaced with ‘‘adopted by reference.’’

The sentence now reads, ‘‘All of the

subsections of 40 CFR 52.21 other than

subsections (a) [Plan disapproval], (q)

[public participation], (s)

[Environmental impact statement], and

(u) [Delegation of authority] are

incorporated herein and adopted by

reference by the Mississippi

Commission on Environmental Quality

as official regulations of the State of

Mississippi and shall hereafter be

enforceable as such except for the

changes set forth in Section 3. of this

regulation.’’

The purpose of this revised submittal

is that it provides for the inclusion of

the revised PM10 increments and the

Guideline on Air Quality Models

(including Supplement B) as

promulgated by EPA (See e.q., 40 CFR

51.166(c), 51.166(l) and part 51, App.

W). The submittal also provides for

inclusion of amendments and revisions

to definitions and any other sections of

the above referenced Federal regulations

as promulgated by EPA.

The SIP revision affects all sources of

air emissions that are subject to 40 CFR

52.21, PSD, and satisfies the applicable

requirements of the Clean Air Act (CAA)

and 40 CFR 51.166. The revision

includes provisions for emission

limitations, all PSD increments that are

applicable, and the protection of

visibility as provided in 40 CFR 52.21.

The EPA is currently developing

proposed rules to implement statutory

revisions made to the nonattainment

new source review and PSD programs in

1990 amendments to the CAA. The EPA

expects that the proposed rules will be

published within the next few months.

The EPA also expects to issue in the

Spring of 1995, proposed rules to reform

and improve the PSD program.

Additional PSD SIP changes may be

necessary, depending upon the contents

of the revisions to the PSD program

rules.

Revised section 302(z) of the CAA sets

forth a new definition of ‘‘stationary

source’’ reflecting Congressional intent

that certain stationary internal

combustion engines are subject to State

regulation under stationary source

permitting programs, while certain

‘‘nonroad engines,’’ defined in section

216(10) of the CAA, are generally

excluded. On June 17, 1994, the EPA

published regulations in 40 CFR part 89

regarding new nonroad engines and

vehicles, including a definition of

nonroad engine (59 FR 31306). In this

action, EPA approval of this SIP

revision is limited in that it does not

include the regulation of nonroad

engines in a manner inconsistent with

section 209 of the CAA and EPA

regulations implementing section 209.

Final Action

In this action, EPA is approving the

aforementioned revisions in this

submittal because they are consistent

with the applicable requirements of the

CAA, implementing regulations and

EPA policy. The EPA is publishing this

action without prior proposal because

the Agency views this as a

noncontroversial amendment and

anticipates no adverse comments.

However, in a separate document in this

Federal Register publication, the EPA is

proposing to approve the SIP revision

should adverse or critical comments be

filed. This action will be effective July

5, 1995 unless, by June 5, 1995 adverse

or critical comments are received.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received will then be

addressed in a subsequent final rule

based on this action serving as a

proposed rule. The EPA will not

institute a second comment period on

this action. Any parties interested in

commenting on this action should do so

at this time. If no such comments are

received, the public is advised that this

action will be effective July 5, 1995.

Under section 307(b)(1) of the CAA,

42 U.S.C. 7607(b)(1), petitions for

judicial review of this action must be

filed in the United States Court of

Appeals for the appropriate circuit by

[60 days from date of publication].

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for

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) of the CAA, 42 U.S.C. 7607

(b)(2)).

The OMB has exempted these actions

from review under Executive Order

12866.

Nothing in this action shall be

construed as permitting or allowing or

establishing a precedent for any future

request for a revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

Under the Regulator 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
Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Rules and Regulations 22289

not impose any new requirements, I

certify that it does not have a significant

impact on any 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).

List of Subjects in 40 CFR Part 52

Air pollution control, Incorporation

by reference, Intergovernmental

relations, Particulate matter.

Dated: April 12, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

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. 7401–7671q.

Subpart Z—Mississippi

2. Section 52.1270 is amended by

adding paragraph (c)(26) to read as

follows:

§ 52.1270 Identification of plan.

* * * * *

(c) * * *

(26) The Mississippi Department of

Environmental Quality has submitted

revision to Regulation APC-S–5. The

purpose of this regulation is to adopt by

reference Federal regulations for the

prevention of significant deterioration of

air quality as required by 40 CFR 51.166

and 52.21.

(i) Incorporation by reference.

(A) Regulations of the prevention of

significant deterioration of air quality—

Regulation APC–S–5 effective January 9,

1994.

(ii) Additional information—None.

[FR Doc. 95–11050 Filed 5–4–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[OH54–1–6164a; FRL–5201–2]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes: State of Ohio

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: USEPA is approving, through

‘‘direct final’’ procedure, a redesignation

request and maintenance plan for the

Dayton-Springfield, Ohio area as a

revision to Ohio’s State Implementation

Plan (SIP) for ozone. The revision is

based on a request from the State of

Ohio to redesignate Montgomery,

Greene, Clark, and Miami Counties from

nonattainment to attainment for ozone,

and to approve the maintenance plan for

the area. The State has met the

requirements for redesignation

contained in the Clean Air Act (CAA),

as amended in 1990. The redesignation

request is based on ambient monitoring

data that show no violations of the

ozone National Ambient Air Quality

Standard (NAAQS) during the threeyear period from 1990 through 1992. In

the proposed rules section of this

Federal Register, USEPA is proposing

approval of this requested redesignation

and SIP revision, and is now soliciting

public comments on this action. If

adverse comments are received on this

direct final rule, USEPA will withdraw

this final rule and address these

comments in a subsequent final rule

based on the proposed rule.

DATES: This final rule is effective July 5,

1995 unless adverse or critical

comments are received by June 5, 1995.

If the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Copies of the SIP revision

request and USEPA’s analysis are

available for inspection at the following

address: (It is recommended that you

telephone Angela Lee at (312) 353–5142

before visiting the Region 5 Office.)

United States Environmental Protection

Agency, Region 5, Air and Radiation

Division, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

Written comments can be mailed to:

William MacDowell, Chief, Regulation

Development Section, Air Enforcement

Branch (AE–17J), United States

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois, 60604.

FOR FURTHER INFORMATION CONTACT:

Angela Lee, Regulation Development

Section, Air Enforcement Branch (AE–

17J), United States Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604, (312) 353–5142.

SUPPLEMENTARY INFORMATION: On

November 8, 1993, Ohio submitted a

redesignation request and section 175A

maintenance plan for Montgomery,

Greene, Miami, and Clark Counties. The

USEPA reviewed these submittals

against the redesignation criteria set

forth by section 107(d)(3)(E) of the Act,

which are discussed in a September 4,

1992, memorandum from John Calcagni,

Director of the Air Quality Management

Division, Office of Air Quality Planning

and Standards, to Directors of Regional

Air Divisions, entitled, ‘‘Procedures for

Processing Requests to Redesignate

Areas to Attainment’’ (Calcagni

Memorandum). A second memorandum

dated September 17, 1993, signed by

Michael Shapiro, Acting Assistant

Administrator for Air and Radiation,

entitled, ‘‘State Implementation Plan

(SIP) Requirements for Areas Submitting

Requests for Redesignation to

Attainment of the Ozone and Carbon

Monoxide NAAQS on or after November

15, 1992’’ was also used to evaluate

Ohio’s request. An analysis of these

submittals is contained in a Technical

Support Document (TSD), dated January

17, 1995.

I. Background

The 1977 Act required areas that were

designated nonattainment based on a

failure to meet the ozone NAAQS, to

develop SIPs with sufficient control

measures to expeditiously attain and

maintain the standard. For Ohio,

Montgomery, Greene, Miami and Clark

Counties were designated

nonattainment for ozone, see 43 FR

8962 (March 3, 1978), 43 FR 45993

(October 5, 1978), and 40 CFR part 81.

After enactment of the amended Act

on November 15, 1990, the

nonattainment designation of the

Dayton-Springfield area continued by

operation of law according to section

107(d)(1)(C)(i) of the Act; furthermore, it

was classified by operation of law as

moderate for ozone pursuant to section

181(a)(1) (56 FR 56694, November 6,

1991), codified at 40 CFR 81.336.

More recently, ambient monitoring

data show no violations of the ozone

NAAQS in the Dayton-Springfield area

during the period from 1990 through

1992. Therefore, the area became

eligible for redesignation from

nonattainment to attainment consistent

with the amended Act. To ensure

continued attainment of the ozone

standard, Ohio submitted an ozone

maintenance SIP for the Dayton

Springfield area to USEPA on November

8, 1993. On November 8, 1993 Ohio

requested redesignation of the area to

attainment with respect to the ozone

NAAQS. On December 20, 1993, Ohio

held a public hearing on the

maintenance plan and redesignation

request.

II. Evaluation Criteria

The 1990 Amendments revised

section 107(d)(3)(E) to provide five

specific requirements that an area must