28378 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules

located in Rochester, Minnesota. The

Minnesota Pollution Control Agency

(MPCA) submitted the proposed SIP

revision and redesignation requests on

September 7, 1994. In the final rules

section of this Federal Register, USEPA

is approving the SIP revision and

requests to redesignation as a direct

final rule because the Agency views this

as noncontroversial and anticipates no

adverse comments. A detailed rationale

for the approval is set forth in the direct

final rule. If no adverse comments are

received in response to that direct final

rule no further activity is contemplated

in relation to this proposed rule. If

USEPA receives adverse comments, the

direct final rule will be withdrawn and

all public comments received will be

addressed in a subsequent final rule

based on this proposed rule. The

USEPA will not institute a second

comment period on this notice.

DATES: Comments on this proposed rule

must be received on or before June 30,

1995.

ADDRESSES: Written comments should

be mailed to: William L. MacDowell,

Chief, Regulation Development Section,

Air Enforcement Branch (AE–17J),

United States Environmental Protection

Agency, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

Copies of the State submittal and

USEPA’s analysis are available for

public inspection during normal

business hours at the following address:

United States Environmental Protection

Agency, Region 5, Air and Radiation

Division, 77 West Jackson Boulevard

(AR–17J), Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Randy Robinson, Air Enforcement

Branch, Regulation Development

Section (AE–17J) United States

Environmental Protection Agency,

Region 5, Chicago, Illinois 60604, (312)

353–6713.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule published in the rules section

of the Federal Register.

Dated: April 19, 1995.

Valdas V. Adamkus,

Regional Administrator.

[FR Doc. 95–13180 Filed 5–30–95; 8:45 am]

BILLING CODE 6560–50–M

40 CFR Part 60

[AD–FRL–5211–5]

RIN 2060–AF00

Standards of Performance for New

Stationary Sources Appendix A , Test

Method 23

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: This rule amends Method 23,

entitled ‘‘Determination of

Polychlorinated Dibenzo-p-Dioxins and

Polychlorinated Dibenzofurans from

Stationary Sources,’’ to correct existing

errors in the method, to eliminate the

methylene chloride rinse of the

sampling train, and to clarify the quality

assurance requirements of the method.

DATES: Comments. Comments must be

received on or before August 29, 1995.

Public Hearing. If anyone contacts

EPA requesting to speak at a public

hearing by June 14, 1995 a public

hearing will be held on June 28, 1995,

beginning at 10 a.m.

Request to Speak at Hearing. Persons

wishing to present oral testimony must

contact EPA by June 14, 1995.

ADDRESSES: Comments should be

submitted (in duplicate if possible) to

Public Docket No. A–94–2 at the

following address: U. S. Environmental

Protection Agency, Air and Radiation

Docket and Information Center, Mail

Code: 6102, 401 M Street SW.,

Washington, DC 20460. The Agency

requests that a separate copy also be

sent to the contact person listed below.

The docket is located at the above

address in room M–1500 Waterside Mall

(ground floor), and may be inspected

from 8:30 a.m.–12 p.m. and 1:30 p.m.–

3 p.m., Monday through Friday. The

proposed regulatory text and other

materials related to this rulemaking are

available for review in the docket or

copies may be mailed on request from

the Air Docket by calling 202–260–7548.

A reasonable fee may be charged for

copying docket materials.

Public Hearing. If anyone contacts

EPA requesting a public hearing, it will

be held at EPA’s Emission Measurement

Laboratory, Research Triangle Park,

North Carolina. Persons interested in

attending the hearing or wishing to

present oral testimony should notify Ms.

Lala Cheek (MD–19), U.S.

Environmental Protection Agency,

Research Triangle Park, North Carolina

27711, telephone number (919) 541–

5545.

Docket. A Docket, A–94–22,

containing materials relevant to this

rulemaking, is available for public

inspection and copying between 8:30

a.m.–12 p.m. and 1:30 p.m.–3 p.m.,

Monday through Friday, in at EPA’s Air

Docket Section (LE–131), Room M–1500

Waterside Mall (ground floor) 401 M

Street SW., Washington, DC. 20460. A

reasonable fee may be charged for

copying.

FOR FURTHER INFORMATION CONTACT: Gary

McAlister, Emission Measurement

Branch (MD–19), Emissions,

Monitoring, and Analysis Division, U.S.

Environmental Protection Agency,

Research Triangle Park, North Carolina

27711, telephone (919) 541–1062.

SUPPLEMENTARY INFORMATION: The

proposed regulatory text of the proposed

rule is not included in this Federal

Register document, but is available in

Docket No. A–94–22 or by written or

telephone request from the Air Docket

(see ADDRESSES). If necessary, a limited

number of copies of the Regulatory Text

are available from the EPA contact

persons designated earlier in this

document. This document with the

proposed regulatory language is also

available on the Technology Transfer

Network (TTN), one of EPA’s electronic

bulletin boards. TTN provides

information and technology exchange in

various areas of air pollution control.

The service is free except for the cost of

the phone call. Dial (919) 541–5742 for

up to a 14400 bps modem. If more

information on TTN is needed, call the

HELP line at (919) 541–5384.

I. Summary

Method 23 was promulgated along

with the New Source Performance

Standard for municipal waste

combustors (Subpart Ea). As

promulgated, the method contained

some errors. This action would correct

those errors and would clarify some of

the existing quality assurance

requirements. In addition, the current

procedure requires rinsing of the

sampling train with two separate

solvents which must be analyzed

separately. Based on data the Agency

has collected since promulgation of

Method 23, we believe that one of these

rinse steps and the resulting sample

fraction can be eliminated. This could

save as much as $2000 per test run in

analytical costs.

II. The Rulemaking

This rulemaking does not impose

emission measurement requirements

beyond those specified in the current

regulations nor does it change any

emission standard. Rather, the

rulemaking would simply amend an

existing test method associated with

emission measurement requirements in
Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules 28379

the current regulations that would apply

irrespective of this rulemaking.

III. Administrative Requirements

A. Public Hearing

A public hearing will be held, if

requested, to discuss the proposed

amendment in accordance with section

307(d)(5)of the Clean Air Act. Persons

wishing to make oral presentations

should contact EPA at the address given

in the ADDRESSES section of this

preamble. Oral presentations will be

limited to 15 minutes each. Any

member of the public may file a written

statement with EPA before, during, or

within 30 days after the hearing. Written

statements should be addressed to the

Air Docket Section address given in the

ADDRESSES section of this preamble.

A verbatim transcript of the hearing

and written statements will be available

for public inspection and copying

during normal working hours at EPA’s

Air Docket Section in Washington, DC

(see ADDRESSES section of this

preamble).

B. Docket

The docket is an organized and

complete file of all the information

considered by EPA in the development

of this rulemaking. The docket is a

dynamic file, since material is added

throughout the rulemaking

development. The docketing system is

intended to allow members of the public

and industries involved to identify and

locate documents readily so that they

may effectively participate in the

rulemaking process. Along with the

statement of basis and purpose of the

proposed and promulgated test method

revisions and EPA responses to

significant comments, the contents of

the docket, except for interagency

review materials, will serve as the

record in case of judicial review

[Section 307(d)(7)(A)].

C. Executive Order 12866 Review

Under Executive Order (E.O.) 12866,

the EPA must determine whether the

proposed regulatory action is

‘‘significant’’ and therefore, subject to

the Office of Management and Budget

(OMB) review and the requirements of

the Executive Order. The Order defines

‘‘significant’’ regulatory action as one

that is likely to lead to a rule that may:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety in

State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees

or loan programs or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

Pursuant to the terms of Executive

Order 12866, OMB has determined that

this proposed rule is not ‘‘significant’’

because the annual effect on the

economy will not exceed $100 million.

D. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

of 1980 requires the identification of

potentially adverse impacts of Federal

regulations upon small business

entities. The RFA specifically requires

the completion of an analysis in those

instances where small business impacts

are possible. This rulemaking does not

impose emission measurement

requirements beyond those specified in

the current regulations, nor does it

change any emission standard. Because

this rulemaking imposes no adverse

economic impacts, an analysis has not

been conducted.

Pursuant to the provision of 5 U.S.C.

605(b), I hereby certify that the

promulgated rule will not have an

impact on small entities because no

additional costs will be incurred.

E. Paperwork Reduction Act

This rule does not change any

information collection requirements

subject to Office of Management and

Budget review under the Paperwork

Reduction Act of 1980, 44 U.S.C. 3501

et seq.

F. Statutory Authority

The statutory authority for this

proposal is provided by sections 111

and 301(a) of the Clean Air Act, as

amended: 42 U.S.C., 7411 and 7601(a).

List of Subjects in 40 CFR Part 60

Environmental protection,

Administrative practice and procedure,

Air pollution control, Aluminum,

Ammonium sulfate plants, Batteries ,

Beverages, Carbon monoxide, Cement

industry, Coal, Copper, Dry cleaners,

Electric power plants, Fertilizers,

Fluoride, Gasoline, Glass and glass

products, Grains, Graphic arts industry,

Heaters, Household appliances,

Insulation, Intergovernmental relations,

Iron, Labeling, Lead, Lime, Metallic and

nonmetallic mineral processing plants,

Metals, Motor vehicles, Natural gas,

Nitric acid plants, Nitrogen dioxide,

Paper and paper products industry,

Particulate matter, Paving and roofing

materials, Petroleum, Phosphate,

Plastics materials and synthetics,

Polymers, Reporting and recordkeeping

requirements, Sewage disposal, Steel,

Sulfur oxides, Sulfuric acid plants,

Tires, Urethane, Vinyl, Volatile organic

compounds, Waste treatment and

disposal, Zinc.

Dated: May 22, 1995.

Carol M. Browner,

Administrator.

[FR Doc. 95–13153 Filed 5–30–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 228

[Docket No. 950504128–5128–01; I.D.

031095A]

RIN 0648–AG80

Small Takes of Marine Mammals;

Harassment Takings Incidental to

Specified Activities

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: The Marine Mammal

Protection Act (MMPA) Amendments of

1994 established an expedited process

by which citizens of the United States

can apply for an authorization to take

incidentally, but not intentionally, small

numbers of marine mammals by

harassment. This proposed rule sets

forth the process for applying for and

obtaining an authorization; the time

limits set by the statute for NMFS

review, publication, and public notice

and comment on any applications for

authorization that would be granted;

and the requirements for submission of

a plan of cooperation and for scientific

peer review of an applicant’s monitoring

plans (if that activity may affect the

availability of a species or stock of

marine mammal for taking for

subsistence purposes). This rule also

proposes changes to the existing

regulations to clarify the requirements

for obtaining a small take authorization.

If implemented, this rule would result

in a more streamlined and cost-effective

method for obtaining small take by

incidental harassment authorizations,

without lessening the MMPA’s