25146 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Rules and Regulations

B. Executive Order 12866

The Office of Management and Budget

has exempted this action from Executive

Order 12866 review.

C. Regulatory Flexibility Act

The EPA’s actions under section 502

of the Act do not create any new

requirements, but simply address

operating permits programs submitted

to satisfy the requirements of 40 CFR

part 70. Because this action does not

impose any new requirements, it does

not have a significant impact on a

substantial number of small entities.

List of Subjects in 40 CFR Part 70

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Operating permits, Reporting

and recordkeeping requirements.

Dated: May 2, 1995.

Jack McGraw,

Acting Regional Administrator.

Part 70, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 70—[AMENDED]

1. The authority citation for part 70

continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

2. Appendix A to part 70 is amended

by adding the entry for Montana in

alphabetical order to read as follows:

Appendix A to Part 70—Approval

Status of State and Local Operating

Permits Programs

* * * * *

Montana

(a) Montana Department of Health and

Environmental Sciences—Air Quality

Division: submitted on March 29, 1994;

effective on June 12, 1995; interim approval

expires June 11, 1997.

(b) [Reserved]

[FR Doc. 95–11677 Filed 5–10–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 81

[ID12–1–6992; FRL–5204–9]

Designation of Areas for Air Quality

Planning Purposes; Idaho; Designation

of a Portion of Shoshone County,

Idaho, to Nonattainment for Particulate

Matter (PM–10); Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; correction.

SUMMARY: The City of Pinehurst in

Shoshone County, Idaho, was

designated nonattainment for PM–10 by

operation of law upon enactment of the

1990 Clean Air Act Amendments.

Effective January 20, 1994, EPA

approved the redesignation of an

additional area in Shoshone County,

adjacent to the City of Pinehurst, as

nonattainment for PM–10. See 58 FR

67334, 67339 (December 21, 1993) and

40 CFR 81.313 (codified air quality

designations for the State of Idaho). That

document included a legal description

of the expanded portion of the

nonattainment area (the ‘‘Pinehurst

expansion area’’). The legal description,

however, contained several

typographical errors and described the

area in a more complex manner than

necessary. This document corrects the

typographical errors and simplifies and

standardizes the legal description. This

document is not intended to, and does

not, change the area designated as

nonattainment in the December 21,

1993, Federal Register document, as

codified at 40 CFR 81.313. Rather, this

document is intended to make the

description of the Pinehurst expansion

area easier to understand.

EFFECTIVE DATE: This correction is

effective May 11, 1995.

FOR FURTHER INFORMATION CONTACT:

Doug Cole, EPA, Idaho Operations

Office, 1435 N. Orchard St., Boise, ID

83706, (208) 334–9555.

SUPPLEMENTARY INFORMATION: This

document makes three types of

correction to the legal description of the

Pinehurst expansion area. First, the

legal description of the Pinehurst

expansion area published at 58 FR

67339 and codified at 40 CFR 81.313

contained several typographical

omissions which are shown below in

bold and brackets:

That portion of Shoshone County

excluding the initial PM–10 [nonattainment

area]: Including the South half of Southeast

quarter of Section 31 of Range 2 east,

Township 49 [north]; South quarter of

Section 32 of Range 2 east, Township 49

north[;] Section 5 of Range 2 east, Township

48 north[;]-east half of Section 6 of Range 2

east, Township 48 north[;]west quarter of

Section 8 of Range 2 east, Township 48

North; and excluding that portion of

Shoshone County designated nonattainment

for PM–10 on November 15, 1990.

Specifically, three words and three

semi-colons were erroneously omitted

from the description. This document

corrects those errors.

Second, in the December 21, 1993,

Federal Register document and its later

codification at 40 CFR 81.313, the

Pinehurst expansion area was described

by first giving the legal description of

the expansion area and City of

Pinehurst and then excluding ‘‘the area

in Shoshone County which was

designated nonattainment for PM–10 on

November 15, 1990.’’ That area is, in

fact, the City of Pinehurst. In other

words, the Pinehurst expansion area

was essentially described as ‘‘the

Pinehurst expansion area plus the City

of Pinehurst, excluding the City of

Pinehurst.’’

Third, the legal description of the

Pinehurst expansion area as previously

published was further complicated by

the fact that the area was described

somewhat unconventionally as the

‘‘west quarter of Section 8, Range 2 east,

Township 48 north.’’ EPA is issuing this

correction document to simplify the

description and conform the description

to standard surveying conventions.

List of Subjects in 40 CFR Part 81

Environmental protection, Air

pollution control, National parks,

Wilderness areas.

Dated: April 28, 1995.

Chuck Clarke,

Regional Administrator.

PART 81—[AMENDED]

40 CFR part 81 is amended as follows:

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. Section 81.313 is amended by

revising the entry for ‘‘Shoshone

County’’ in the ‘‘Idaho PM–10

Nonattainment Areas’’ table to read as

follows:

§ 81.313 Idaho.

* * * * *
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Rules and Regulations 25147

IDAHO—PM–10 NONATTAINMENT AREAS

Designated area

Designation Classification

Date Type Date Type

* * * * * * *

Shoshone County

a. Northwest quarter of the Northwest quarter, Section 8, Township 48 North,

Range 2 East; Southwest quarter of the Northwest quarter, Section 8, Township 48 North, Range 2 East; Northwest quarter of the Southwest quarter,

Section 8, Township 48 North, Range 2 East; Southwest quarter of the

Southwest quarter, Section 48 North, Range 2 East, Boise Base (known as

‘‘Pinehurst expansion area’’).

1/20/94 Nonattainment ............. 1/20/94 Moderate.

b. City of Pinehurst ................................................................................................. 11/15/90 Nonattainment ............. 11/15/90 Moderate.

* * * * * * *

[FR Doc. 95–11505 Filed 5–10–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 228

[FRL–5204–6]

Ocean Dumping; Final Site

Designation

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA today designates an

Ocean Dredged Material Disposal Site

(ODMDS) in the Gulf of Mexico offshore

Tampa, Florida, as an EPA-approved

ocean dumping site for the disposal of

suitable dredged material. This action is

necessary to provide an acceptable

ocean disposal site for consideration as

an option for dredged material disposal

projects in the greater Tampa, Florida

vicinity. This site designation is for an

indefinite period of time, but the site is

subject to continuing monitoring to

insure that unacceptable adverse

environmental impacts do not occur.

EFFECTIVE DATE: This designation shall

become effective on June 12, 1995.

ADDRESSES: Wesley B. Crum, Chief,

Coastal Programs Section, Water

Management Division, U. S.

Environmental Protection Agency,

Region IV, 345 Courtland St, NE.,

Atlanta, Georgia 30365.

FOR FURTHER INFORMATION CONTACT: Gary

W. Collins, 404/347–1740 ext. 4286.

SUPPLEMENTARY INFORMATION:

A. Background

Section 102(c) of the Marine

Protection, Research, and Sanctuaries

Act (MPRSA) of 1972, as amended, 33

U.S.C. 1401 et seq., gives the

Administrator of EPA the authority to

designate sites where ocean disposal

may be permitted. On October 1, 1986,

the Administrator delegated the

authority to designate ocean disposal

sites to the Regional Administrator of

the Region in which the sites are

located. This designation of a site

offshore Tampa, Florida, which is

within Region IV, is being made

pursuant to that authority.

The EPA Ocean Dumping Regulations

promulgated under MPRSA (40 CFR

chapter I, subchapter H, § 228.4) state

that ocean dumping sites will be

designated by promulgation in this part

228. A list of ‘‘Approved Interim and

Final Ocean Dumping Sites’’ was

published on January 11, 1977 (42 FR

2461 (January 11, 1977)). The list

established two sites for Tampa, Site A

and Site B, as interim sites. Subsequent

legal action by Manatee County and

extensive field efforts have resulted in

the identification of the now proposed

site. The details of these events can be

found in the ‘‘Final Environmental

Impact Statement for the Designation of

an Ocean Dredged Material Disposal

Site Located Offshore Tampa, Florida.’’

B. EIS Development

Section 102(2)(C) of the National

Environmental Policy Act (NEPA) of

1969, as amended, 42 U.S.C. 4321 et

seq., requires that federal agencies

prepare an Environmental Impact

Statement (EIS) on proposals for

legislation and other major federal

actions significantly affecting the

quality of the human environment. The

object of NEPA is to build into the

Agency decision making process careful

consideration of all environmental

aspects of proposed actions. While

NEPA does not apply to EPA activities

of this type, EPA has voluntarily

committed to prepare EISs in

connection with ocean disposal site

designations such as this (see 39 FR

16186 (May 7, 1974)).

EPA, in cooperation with the

Jacksonville District of the U.S. Army

Corps of Engineers (COE), has prepared

a Final EIS (FEIS) entitled ‘‘Final

Environmental Impact Statement for the

Designation of An Ocean Dredged

Material Disposal Site Located Offshore

Tampa, Florida.’’ On September 23,

1994, the Notice of Availability (NOA)

of the FEIS for public review and

comment was published in the Federal

Register (59 FR 48878 (September 23

1994)). Anyone desiring a copy of the

EIS may obtain one from the address

given above. The public comment

period on the final EIS closed on

October 24, 1994. The closing date was

extended for 15 days due to a request by

the State of Florida.

EPA received 1 comment letter on the

Final EIS. The letter was from the State

of Florida (dated November 18, 1994)

and stated that the proposed designation

was found to be consistent with the

Florida Coastal Management Program.

This rule permanently designates the

continued use of the previously

designated Site 4 near Tampa, Florida.

The purpose of the action is to provide

an environmentally acceptable option

for the ocean disposal of dredged

material. The need for the permanent

designation of the Tampa ODMDS is

based on a demonstrated COE need for

ocean disposal of maintenance dredged

material from the Federal navigation

projects in the greater Tampa Bay area.

However, every disposal activity by the

COE is evaluated on a case-by-case basis

to determine the need for ocean disposal

for that particular case. The need for

ocean disposal for other projects, and

the suitability of the material for ocean

disposal, will be determined on a caseby-case basis as part of the COE’s

process of issuing permits for ocean

disposal for private/federal actions and

a public review process for their own

actions.

For the Tampa ODMDS, the COE and

EPA would evaluate all federal dredged

material disposal projects pursuant to

the EPA criteria given in the Ocean

Dumping Regulations (40 CFR parts 220

through 229) and the COE regulations

(33 CFR 209.120 and parts 335–338).

The COE then issues Marine Protection,

Research, and Sanctuaries Act (MPRSA)