Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Rules and Regulations 21455

relation to relevant statutory and

regulatory requirements.

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

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 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 impose any new requirements, the

Administrator certifies 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

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).

This action has been classified as a

Table 3 action for signature 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 3, 1995.

Filing a petition for reconsideration by

the Administrator of this final rule to

approve the permit-to-operate issued to

GSA for its Central and West Heating

Plants as a revision to the District of

Columbia SIP 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,

Incorporation by reference, Nitrogen

dioxide, Particulate matter, Reporting

and recordkeeping requirements, Sulfur

oxides.

Dated: March 21, 1995.

Stanley L. Laskowski,

Acting Regional Administrator, Region III.

40 CFR part 52 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 J—District of Columbia

2. Section 52.470 is amended by

adding paragraph (c)(33) to read as

follows:

§ 52.470 Identification of plan.

* * * * *

(c) * * *

(33) Permit-to-operate issued by the

District of Columbia to General Services

Administration for its Central and West

Heating Plants submitted on October 24,

1994 by the Environmental Regulation

Administration:

(i) Incorporation by reference.

(A) Letter of October 24, 1994 from

the Environmental Regulation

Administration transmitting a permit-tooperate issued by the District of

Columbia to GSA for its Central and

West Heating Plants.

(B) September 8, 1994 permit-tooperate issued by the District of

Columbia to GSA for its Central and

West Heating Plants requiring the

combustion of natural gas and

establishing annual and short-term

emission limits for SO2, NOX, PM–10,

VOCs, and CO. The permit was effective

upon its issuance.

(ii) Additional material.

(A) Remainder of the District of

Columbia’s October 24, 1994 submittal.

[FR Doc. 95–10706 Filed 5–1–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[CA 125–1–6903; FRL–5190–9]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, San

Diego County Air Pollution Control

District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing the approval

of revisions to the California State

Implementation Plan (SIP) proposed in

the Federal Register on December 9,

1994. The revisions concern rules from

the San Diego County Air Pollution

Control District (SDCAPCD). This

approval action will incorporate these

rules into the federally approved SIP.

The intended effect of approving these

rules is to regulate emissions of volatile

organic compounds (VOCs) in

accordance with the requirements of the

Clean Air Act, as amended in 1990

(CAA or the Act). The revised rule

controls VOC emissions from the

surface coating of miscellaneous metal

parts and products. Thus, EPA is

finalizing the approval of these

revisions into the California SIP under

provisions of the CAA regarding EPA

action on SIP submittals, SIPs for

national primary and secondary ambient

air quality standards and plan

requirements for nonattainment areas.

EFFECTIVE DATE: This action is effective

on June 1, 1995.

ADDRESSES: Copies of the rule revisions

and EPA’s evaluation report for each

rule are available for public inspection

at EPA’s Region IX office during normal

business hours. Copies of the submitted

rule revisions 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, S.W.,

Washington, D.C. 20460.

San Diego County Air Pollution Control

District, 9150 Chesapeake Drive, San

Diego, CA 92123–1096.

FOR FURTHER INFORMATION CONTACT:

Helen Liu, Rulemaking Section, Air and

Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105, Telephone: (415) 744–1199.

SUPPLEMENTARY INFORMATION:

Background

On December 9, 1994 in 59 FR 63724,

EPA proposed to approve the following

rule into the California SIP: SDCAPCD’s

Rule 67.3, Coating of Metal Parts and

Products. Rule 67.3 was adopted by the

SDCAPCD on November 1, 1994. The

rule was submitted by the California Air

Resources Board (CARB) to EPA on

November 23, 1994. These rules were

submitted in response to EPA’s 1988

SIP-Call and the CAA section

182(a)(2)(A) requirement that

nonattainment areas fix their reasonably

available control technology (RACT)
21456 Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Rules and Regulations

rules for ozone in accordance with EPA

guidance that interpreted the

requirements of the pre-amendment Act.

A detailed discussion of the background

for the above rule and nonattainment

area is provided in the NPRM cited

above.

EPA has evaluated the above rule 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 has found that

the rule meets the applicable EPA

requirements. A detailed discussion of

the rule provisions and evaluations has

been provided in 59 FR 63724 and in a

technical support document (TSD)

available at EPA’s Region IX office

(dated December 2, 1994).

Response to Public Comments

A 30-day public comment period was

provided in 59 FR 3274. EPA received

no adverse comments.

EPA Action

EPA is finalizing action to approve

SDCAPCD Rule 67.3 for inclusion into

the California SIP. EPA is approving the

submittal under section 110(k)(3) as

meeting the requirements of section

110(a) and Part D of the CAA. This

approval action will incorporate these

rules into the federally approved SIP.

The intended effect of approving these

rules is to regulate emissions of VOCs in

accordance with the requirements of the

CAA.

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.

Regulatory Process

The OMB has exempted this action

from review under Executive Order

12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: March 31, 1995.

Felicia Marcus,

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 F—California

2. Section 52.220 is amended by

adding paragraph (c)(206) to read as

follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(206) Amended rule for the following

APCD was submitted on November 23,

1994, by the Governor’s designee.

(i) Incorporation by reference.

(A) San Diego County Air Pollution

Control District.

(1) Rule 67.3, adopted on November 1,

1994.

* * * * *

[FR Doc. 95–10695 Filed 5–1–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[OH50–1–6077a, FRL–5176–8]

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

Toledo, Ohio area (Lucas and Wood

Counties) 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 this area

from a moderate nonattainment area to

an attainment area 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 (the Act), 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 three-year period from 1990

through 1992. In the proposed rules

section of this Federal Register, USEPA

is proposing approval of and soliciting

public comment on this requested

redesignation and SIP revision. If

adverse comments are received on this

direct final rule, USEPA will withdraw

this final rule and address these

comments in a final rule based on the

related proposed rule which is being

published in the proposed rules section

of this Federal Register.

DATES: This action will be effective on

July 3, 1995 unless adverse or critical

comments are received by June 1, 1995.

If the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Copies of the SIP revision

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.

A copy of this SIP revision is

available for inspection at the following

location: Office of Air and Radiation

Docket and Information Center, Room

M1500, United States Environmental

Protection Agency, 401 M Street SW.,

Washington, DC 20460, (202) 260–7548.

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

September 17, 1993, Ohio submitted a

redesignation request and section 175A

maintenance plan for Lucas and Wood

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

the 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