Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Rules and Regulations 27889

Collection of Information

This rule contains no information

collection requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under paragraph

2.B.2.g[5] of Commandant Instruction

M16475.1B, (as revised by 59 FR 38654;

July 29, 1994) this rule is categorically

excluded from further environmental

documentation as an action to protect

public safety. A Categorical Exclusion

Determination has been prepared and

placed in the rulemaking.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water) Reporting and recordkeeping,

requirements Security measures,

Waterways.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR Part 165 as follows:

PART 165—[AMENDED]

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

2. A temporary § 165.T02–017 is

added to read as follows:

§ 165.T02–017 Safety Zone; Tennessee

River mile 161.5 to 162.5.

(a) Location. The following area is a

Safety Zone: Tennessee River mile 161.5

to 162.5.

(b) Effective Dates. This section

becomes effective at 9:30 a.m. on May

19, 1995 and terminates at 8 p.m. on

June 30, 1995.

(c) Regulations. In accordance with

the general regulations in § 165.23 of

this part, entry into this zone is

prohibited except as authorized by the

Captain of the Port.

Dated: May 19, 1995.

Robert M. Segovis,

Commander, USCG, Captain of the Port.

[FR Doc. 95–13026 Filed 5–25–95; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[DC15–1–6358; FRL–5178–7]

Approval and Promulgation of Air

Quality Implementation Plans; District

of Columbia—Emission Statement

Program

AGENCY: U.S. Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the District of Columbia.

This revision consists of an emission

statement program for stationary sources

which emit volatile organic compounds

(VOCs) and/or nitrogen oxides (NOX) at

or above specified actual emission

threshold levels. The intended effect of

this action is to approve a regulation for

annual reporting of actual emissions by

sources that emit VOC and/or NOX

within the District in accordance with

section 182(a)(3)(b) of the 1990 Clean

Air Act Amendments (CAAA). This

action is being taken under section 110

of the Clean Air Act.

EFFECTIVE DATE: This action will become

effective July 25, 1995 unless notice is

received on or before June 26, 1995 that

adverse or critical comments will be

submitted. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Comments may be mailed to

Thomas J. Maslany, Director, Air,

Radiation, and Toxics Division, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania, 19107.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air, Radiation, and Toxics

Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, PA 19107; the

Air and Radiation Docket and

Information Center, U.S. Environmental

Protection Agency, 401 M Street. SW,

Washington, DC 20460; and the

Environmental Regulation

Administration, District of Columbia

Department of Consumer and

Regulatory Affairs, 2100 Martin Luther

King Ave, S.E., Washington, DC 20020.

FOR FURTHER INFORMATION CONTACT: Enid

A. Gerena, U.S. Environmental

Protection Agency, Air, Radiation, and

Toxics Division, 841 Chestnut Building,

Philadelphia, PA 19107, (215) 597–

8239.

SUPPLEMENTARY INFORMATION: On

October 22, 1993, the District of

Columbia Department of Consumer and

Regulatory Affairs (DCRA) submitted a

formal revision to its SIP. One of those

revisions is the District’s Emission

Statement program which requires

owners of stationary sources that emit

VOCs and/or NOX, above specified

actual emission applicability thresholds,

to submit annual statements certifying

emissions. This notice only addresses

the District’s Emission Statement SIP

submittal. The other revisions submitted

on October 22, 1993 are the subjects of

separate rulemaking notices.

I. Background

The air quality planning and State

Implementation Plan (SIP) requirements

for ozone nonattainment and transport

areas are set out in subparts I and II of

Part D of Title I of the Clean Air Act,

as amended by the Clean Air Act

Amendments of 1990. EPA published a

‘‘General Preamble’’ describing EPA’s

preliminary views on how it intends to

review SIP’s and SIP revisions

submitted under Title I of the CAA,

including those State submittals for

ozone transport areas within the States

{see 57 FR 13498 (April 16, 1992) [’’SIP:

General Preamble for the

Implementation of Title I of the Clean

Air Act Amendments of 1990’’], 57 FR

18070 (April 28, 1992) [’’Appendices to

the General Preamble’’], and 57 FR

55620 (November 25, 1992) [’’SIP: NOX

Supplement to the General Preamble’’]}.

EPA also issued a draft guidance

document describing the requirements

for the emission statement programs

discussed in this action, entitled

‘‘Guidance on the Implementation of an

Emission Statement Program’’ (July,

1992). The Agency is also conducting a

rulemaking process to modify title 40,

part 51 of the CFR to reflect the

requirements of the emission statement

program.

Section 182 of the Act sets out a

graduated control program for ozone

nonattainment areas. Section 182(a) sets

out requirements applicable in marginal

ozone nonattainment areas, which are

also made applicable by section 182 (b),

(c), (d), and (e) to all other ozone

nonattainment areas. Among the

requirements in section 182(a) is a

program for stationary sources to

prepare and submit to the State each

year emission statements certifying their

actual emissions of VOCs and NOX. This

section of the Act provides that the

States or in this case the District, are to

submit a revision to their SIPs by

November 15, 1992 establishing this

emission statement program.
27890 Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Rules and Regulations

If a source emits either VOCs or NOX

at or above the designated minimum

reporting level, the other pollutant

should be included in the emission

statement, even if it is emitted at levels

below the specified cutoffs.

States or the District may waive, with

EPA approval, the requirement for an

emission statement for classes or

categories of sources with less than 25

tons per year of actual plant-wide NOX

or VOC emissions in nonattainment

areas if the class or category is included

in the base year and periodic

inventories and emissions are calculated

using emissions factors established by

EPA (such as those found in EPA

publication AP–42) or other methods

acceptable to EPA. Emissions from

stationary sources that emit less than 25

tons per year of VOC and NOX are

included in the District of Columbia’s

1990 base year emission inventory and

must also be included in the periodic

emission inventories.

At minimum, the emission statement

data should include:

—Certification of data accuracy;

—Source identification information;

—Operating schedule;

—Emissions information (to include

annual and typical ozone season day

emissions);

—Control equipment information; and

—Process data.

EPA developed emission statements

data elements to be consistent with

other source and State reporting

requirements. This consistency is

essential to assist States (or the District)

with quality assurance for emission

estimates and to facilitate consolidation

of all EPA reporting requirements.

II. EPA’s Evaluation of the District’s

Submittal

A. Procedural Background

The District of Columbia held a public

hearing on October 27, 1992, for the

purpose of soliciting public comment on

proposed regulatory revisions

concerning emission statements for

stationary sources. The regulatory

revisions were adopted on July 16, 1993,

submitted to EPA on October 22, 1993

as a revision to the SIP, and became

effective in the District on September

30, 1993.

B. Components of the District’s Emission

Statement Program

There are several key and specific

components of an acceptable emission

statement program. Specifically, the

District must submit a revision to its SIP

which consists of an emission statement

program which meets the minimum

requirements for reporting by the

sources and the State (or the District).

For the emission statement program to

be approvable, the District’s SIP revision

must include, at a minimum, definitions

and provisions for applicability,

compliance, and specific source

reporting requirements and reporting

forms.

The District’s revision consists of

amendments to D.C. ACT 10–56 District

of Columbia Air Pollution Control Act

of 1984. These amendments revise

Section 20 DCMR 199, Definitions and

add Section 20 DCMR 500.7, Emission

Statements.

Section 20 DCMR 199, Definitions,

has been revised by adding the

definitions of the following terms:

Annual process rate; Certifying

individual; Control efficiency; Control

equipment identification code; Emission

factor; Emission statement; Estimated

emission method code; Oxides of

nitrogen; Percent annual throughput;

Plant; Point; Process rate; Standard

industrial classification code; Typical

ozone season day; and Volatile organic

compounds.

Section 20 DCMR 500.7, Emission

Statements, requires that a person who

owns or operates any installation,

source, or premises located in areas

designated by the CAA as marginal,

moderate, serious, severe or extreme

ozone nonattainment area to report the

levels of emissions from the sources

emitting 25 tons per year (TPY) or more

of VOCs and NOX, in order to track

emission reductions necessary to attain

the ozone National Ambient Air Quality

Standards (NAAQS). Section 20 DCMR

500.7, Emission Statements, also

requires that a certifying official for each

facility provide the District with a

statement reporting emissions by April

15 of each year, beginning with April

15, 1993, for the emissions discharged

during the previous calendar year.

Section 20 DCMR 500.7, Emission

Statements, also defines specific

requirements for the content of these

annual emission statements.

C. Enforceability

The District of Columbia has

provisions in its SIP which ensure that

the emission statement requirements of

Section 182(a)(3)(B) and Sections

184(b)(2) and 182(f) of the CAA as

required by D.C. ACT 10–56, sections 20

DCMR 199, and section 20 DCMR 500.7

are adequately enforced. Once EPA

completes the rulemaking process

approving the District’s Emission

Statement program as part of the SIP, it

will be federally enforceable.

EPA has determined that the

submittal made by the District of

Columbia satisfies the relevant

requirements of the CAA and EPA’s

guidance document, ‘‘Guidance on the

Implementation of an Emission

Statement Program’’ (July 1992). EPA’s

detailed review of the District’s

Emission Statement Program is

contained in a Technical Support

Document (TSD) which is available,

upon request, from the EPA Regional

Office listed in the ADDRESSES section of

this action.

EPA is approving this SIP revision

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, EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective July 25, 1995

unless, within 30 days of publication,

adverse or critical comments are

received.

If EPA receives such comments, this

action will be withdrawn before the

effective date by publishing a

subsequent notice 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. 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

on July 25, 1995.

III. Final Action

EPA is approving revisions to the

District of Columbia SIP to include an

Emission Statement Program. These

revisions consist of amendments to D.C.

ACT 10–56 District of Columbia Air

Pollution Control Act by revising

section 20 DCMR 199, Definitions, and

the addition of section 20 DCMR 500.7,

Emission Statements.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision of 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 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-for-
Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Rules and Regulations 27891

1The 1990 Amendments to the Clean Air Act

made significant changes to the Act. See Public Law

No. 101–549, 104 Stat. 2399. References herein are

to the Clean Air Act, as amended (‘‘Act’’ or ‘‘CAA’’).

The Clean Air Act is codified, as amended, in the

U.S. Code at 42 U.S.C. 7401, et seq.

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 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 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 or District

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. section 7410 (a)(2).

This action has been classified as a

Table 2 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 25, 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 approving the District of

Columbia Emission Statement SIP

submittal 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, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Oxides of

nitrogen, Ozone, Reporting and

recordkeeping requirements, volatile

organic compounds.

Dated: January 25, 1995.

Peter H. Kostmayer,

Regional Administrator, Region III.

40 CFR part 52, subpart J of chapter

I, title 40 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)(32) to read as

follows:

§ 52.470 Identification of plan.

* * * * *

(c) * * *

(32) Revisions to the District of

Columbia Regulations State

Implementation Plan submitted on

October 22, 1993 by the Government of

the District of Columbia Department of

Consumer and Regulatory Affairs.

(i) Incorporation by reference.

(A) Letter of October 22, 1993 from

the Government of the District of

Columbia Department of Consumer and

Regulatory Affairs transmitting a revised

regulation which require owners of

stationary sources to submit emission

statements annually.

(B) D.C. ACT 10–56 amendments to

District of Columbia Air Pollution

Control Act of 1984, Section 20 DCMR

199, specifically the addition of new

definitions, and the addition of Section

20 DCMR 500.7. Effective on September

30, 1993.

[FR Doc. 95–12927 Filed 5–25–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[ID12–1–6992a; FRL -5206–6]

Approval and Promulgation of

Implementation Plans: State of Idaho

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: On August 25, 1994, the

Environmental Protection Agency (EPA)

issued a direct final rule approving the

State Implementation Plan for the

Pinehurst, Idaho, PM–10 (particulate

matter with an aerodynamic diameter of

less than or equal to a nominal ten

micrometers) nonattainment area (59 FR

43745 (August 25, 1994)). In this

rulemaking action, EPA is approving the

provisions of that plan for the area just

outside the City of Pinehurst which was

designated nonattainment in January

1994.

EFFECTIVE DATE: This direct final rule

will be effective on July 25, 1995 unless

adverse or critical comments are

received by June 26, 1995. If the

effective date is delayed, timely notice

will be published in the Federal

Register.

ADDRESSES: Written comments should

be addressed to: Montel Livingston, SIP

Manager, EPA, Air & Radiation Branch

(AT–082), 1200 Sixth Avenue, Seattle,

Washington 98101.

Copies of material submitted to EPA

may be examined during normal

business hours at the following

locations: EPA, Region 10, Air &

Radiation Branch, 1200 Sixth Avenue

(AT–082), Seattle, Washington 98101,

and the State of Idaho Division of

Environmental Quality, 1410 N. Hilton,

Boise, ID 83720.

FOR FURTHER INFORMATION CONTACT:

Doug Cole, EPA, Idaho Operations

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

83706, (208) 334–9555.

SUPPLEMENTARY INFORMATION:

I. Background

On August 25, 1994, EPA issued a

direct final rule approving the State

Implementation Plan (SIP) for the

Pinehurst PM–10 nonattainment area in

Shoshone County, Idaho. See 59 FR

43745. The rule became effective

October 24, 1994. In that document,

EPA described its approval action as

covering the Pinehurst, Idaho

nonattainment area that was designated

nonattainment for PM–10 and classified

as moderate under sections 107(d)(4)(B)

and 188(a) of the Clean Air Act upon

enactment of the 1990 Clean Air Act

Amendments (citing 56 FR 56694

(November 6, 1991)).1 The document

inadvertently failed to explain,

however, that, effective January 20,

1994, EPA approved the redesignation

of an additional area in Shoshone

County, adjacent to the Pinehurst

nonattainment area, 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). Further, the August 25,

1994 document did not explain that the

SIP revision submitted by Idaho to

address certain moderate PM–10

nonattainment planning requirements

for Pinehurst also applied to the

adjacent moderate PM–10

nonattainment area.

II. This Action

In this action, EPA is approving the

PM–10 SIP submitted by the State of

Idaho on April 14, 1992 and described

in the August 25, 1994 Federal Register