3794 Federal Register / Vol. 60, No. 12 / Thursday, January 19, 1995 / Proposed Rules

1 On July 1, 1993, the SBCAPCD was officially

renamed as the MDAQMD. Rule 463 is still

identified with the SBCAPCD for completeness.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

proposal in accordance with the

principles and criteria contained in

Executive Order 12612, and it has

determined that this proposed

regulation does not have sufficient

federalism implications to warrant

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this proposal

and concluded that, under section 2.B.2.

of Commandant Instruction M16475.1B,

this proposal is categorically excluded

from further environmental

documentation. A Categorical Exclusion

Determination is available in the docket

for inspection or copying where

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 33 CFR part 117 as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.595, paragraphs (a)(4),

(b)(1), and (c) are revised and paragraph

(d) is added to read as follows:

§ 117.595 Danvers River.

(a) * * *

(4) Except as provided in paragraphs

(b) through (d) of this section, the draws

shall open on signal.

(b) * * *

(1) The draw shall open on signal,

except that from May 1 through

September 30, 12 midnight to 5 a.m. and

from October 1 through April 30, 8 p.m.

to 5 a.m., and all day on December 25

and January 1, the draw shall open as

soon as possible, but not more than one

hour, after notice is given to the

drawtenders either at the bridge during

the time the drawtenders are on duty or

by calling the number posted at the

bridge.

* * * * *

(c) The draw of the Massachusetts Bay

Transportation Authority (MBTA)/

AMTRAK Bridge at mile 0.05 between

Salem and Beverly shall open on signal,

except that from 12 midnight to 5 a.m.

daily and all day on December 25 and

January 1, the draw shall open as soon

as possible, but not more than one hour,

after notice is given to the drawtenders

either at the bridge during the time the

drawtenders are on duty or by calling

the number posted at the bridge.

(d) The Essex County Kernwood

Bridge at mile 1.0 shall open on signal,

except that from May 1 through

September 30, 12 midnight to 5 a.m. and

from October 1 through April 30, 7 p.m.

to 5 a.m., and all day on December 25

and January 1, the draw shall open as

soon as possible, but not more than one

hour, after notice is given to the

drawtenders either at the bridge during

the time the drawtenders are on duty or

by calling the number posted at the

bridge.

Dated: January 3, 1995.

J.L. Linnon,

Rear Admiral, U.S. Coast Guard, Commander,

First Coast Guard District.

[FR Doc. 95–1293 Filed 1–18–95; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 95–5–6651; FRL–5141–7]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, Mojave

Desert Air Quality Management District

and San Bernardino County Air

Pollution Control District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: EPA is proposing to approve

revisions to the California State

Implementation Plan (SIP), which

concern the control of volatile organic

compound (VOC) emissions from the

loading, transfer, and storage of organic

liquids, including gasoline.

The intended effect of proposing

approval of these rules is to regulate

emissions of VOCs in accordance with

the requirements of the Clean Air Act,

as amended in 1990 (CAA or the Act).

EPA’s final action on this notice of

proposed rulemaking (NPRM) will

incorporate these rules into the federally

approved SIP. EPA has evaluated each

of these rules and is proposing to

approve them 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.

DATES: Comments must be received on

or before February 21, 1995.

ADDRESSES: Comments may be mailed

to: Daniel A. Meer, Rulemaking Section

(A–5–3), Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901.

Copies of the rules and EPA’s

evaluation report of each rule are

available for public inspection at EPA’s

Region 9 office during normal business

hours. Copies of the submitted rules are

also available for inspection at the

following locations:

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95814.

Mojave Desert Air Quality Management

District (formerly San Bernardino

County APCD), 15428 Civic Drive,

Suite 200, Victorville, CA 92392–

2383.

FOR FURTHER INFORMATION CONTACT:

Duane F. James, Rulemaking Section

(A–5–3), Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901, (415) 744–

1191.

SUPPLEMENTARY INFORMATION:

Applicability

The rules being proposed for approval

into the California SIP include: Mojave

Desert Air Quality Management

District’s (MDAQMD) Rule 461,

‘‘Gasoline Transfer and Dispensing,’’

and Rule 462, ‘‘Organic Liquid

Loading,’’ and San Bernardino County

Air Pollution Control District’s

(SBCAPCD) Rule 463, ‘‘Storage of

Organic Liquids.’’ SBCAPCD’s Rule 463

was adopted and submitted prior to the

district being renamed to the MDAQMD.

These rules were submitted by the

California Air Resources Board to EPA

on January 11, 1993 (Rule 463) and July

13, 1994 (Rules 461 and 462).

Background

On March 3, 1978, EPA promulgated

a list of ozone nonattainment areas

under the provisions of the Clean Air

Act, as amended in 1977 (1977 CAA or

pre-amended Act), that included the

former SBCAPCD.1 43 FR 8964; 40 CFR

81.305. Because this area was unable to

meet the statutory attainment date of

December 31, 1982, California requested
Federal Register / Vol. 60, No. 12 / Thursday, January 19, 1995 / Proposed Rules 3795

2 Among other things, the pre-amendment

guidance consists of those portions of the proposed

Post-1987 ozone and carbon monoxide policy that

concern RACT, 52 FR 45044 (November 24, 1987);

‘‘Issues Relating to VOC Regulation Cutpoints,

Deficiencies, and Deviations, Clarification to

Appendix D of November 24, 1987 Federal Register

Notice’’ (Blue Book) (notice of availability was

published in the Federal Register on May 25, 1988);

and the existing control technique guidelines

(CTG’s).

3 The Mojave Desert Area retained its designation

of nonattainment and was classified by operation of

law pursuant to sections 107(d) and 181(a) upon the

date of enactment of the CAA amendments of 1990.

See 55 FR 56694 (November 6, 1991).

4 EPA adopted the completeness criteria on

February 16, 1990 (55 FR 5830) and, pursuant to

section 110(k)(1)(A) of the CAA, revised the criteria

on August 26, 1991 (56 FR 42216).

under section 172(a)(2), and EPA

approved, an extension of the

attainment date to December 31, 1987.

40 CFR 52.238, 52.222. On May 26,

1988, EPA notified the Governor of

California, pursuant to section

110(a)(2)(H) of the pre-amended Act,

that the above district’s portion of the

California SIP was inadequate to attain

and maintain the ozone standard and

requested that deficiencies in the

existing SIP be corrected (EPA’s SIPCall). On November 15, 1990, the Clean

Air Act Amendments of 1990 were

enacted. Pub. L. 101–549, 104 Stat.

2399, codified at 42 U.S.C. 7401–7671q.

In amended section 182(a)(2)(A) of the

CAA, Congress statutorily adopted the

requirement that nonattainment areas

fix their deficient reasonably available

control technology (RACT) rules for

ozone and established a deadline of May

15, 1991, for states to submit corrections

of those deficiencies. Section

182(a)(2)(A) applies to areas designated

as nonattainment prior to enactment of

the amendments and classified as

marginal or above as of the date of

enactment. It requires such areas to

adopt and correct RACT rules pursuant

to pre-amended section 172(b) as

interpreted in pre-amendment

guidance.2 EPA’s SIP-Call used that

guidance to indicate the necessary

corrections for specific nonattainment

areas. The MDAQMD is classified as

severe; 3 therefore, this area was subject

to the RACT fix-up requirement and the

May 15, 1991 deadline.

The State of California submitted

many revised RACT rules for

incorporation into its SIP on January 11,

1993, and July 13, 1994, including the

rules being acted on in this document.

This document addresses EPA’s

proposed action for MDAQMD’s Rule

461, ‘‘Gasoline Transfer and

Dispensing,’’ and Rule 462, ‘‘Organic

Liquid Loading,’’ and SBCAPCD’s Rule

463, ‘‘Storage of Organic Liquids.’’

MDAQMD adopted Rules 461 and 462

on May 25, 1994, and SBCAPCD

adopted Rule 463 on November 2, 1992.

These submitted rules were found to be

complete on March 26, 1993 (Rule 463)

and July 22, 1994 (Rules 461 and 462)

pursuant to EPA’s completeness criteria

that are set forth in 40 CFR part 51

Appendix V 4 and are being proposed

for approval into the SIP.

These three rules work in concert to

reduce VOC emissions by requiring

submerged fill pipes and vapor recovery

systems for the transfer and storage of

organic liquids, including gasoline.

VOCs contribute to the production of

ground level ozone and smog. The rules

were adopted as part of the district’s

efforts to achieve the National Ambient

Air Quality Standard (NAAQS) for

ozone and in response to EPA’s SIP-Call

and the section 182(a)(2)(A) CAA

requirement. The following is EPA’s

evaluation and proposed action for

these rules.

EPA Evaluation and Proposed Action

In determining the approvability of a

VOC rule, EPA must evaluate the rule

for consistency with the requirements of

the CAA and EPA regulations, as found

in section 110 and Part D of the CAA

and 40 CFR Part 51 (Requirements for

Preparation, Adoption, and Submittal of

Implementation Plans). The EPA

interpretation of these requirements,

which forms the basis for today’s action,

appears in the various EPA policy

guidance documents listed in footnote

2. Among those provisions is the

requirement that a VOC rule must, at a

minimum, provide for the

implementation of RACT for stationary

sources of VOC emissions. This

requirement was carried forth from the

pre-amended Act.

For the purpose of assisting state and

local agencies in developing RACT

rules, EPA prepared a series of Control

Technique Guideline (CTG) documents.

The CTG’s are based on the underlying

requirements of the Act and specify the

presumptive norms for what is RACT

for specific source categories. Under the

CAA, Congress ratified EPA’s use of

these documents, as well as other

Agency policy, for requiring States to

‘‘fix-up’’ their RACT rules. See section

182(a)(2)(A). The following CTG’s are

applicable to these rules: (1) ‘‘Control of

Hydrocarbons from Tank Truck

Gasoline Loading Terminals (EPA–450/

2–77–026),’’ (2) ‘‘Control of Volatile

Organic Emissions from Bulk Gasoline

Plants (EPA–450/2–77–035),’’ (3)

‘‘Control of Volatile Organic Emissions

from Storage of Petroleum Liquids in

Fixed-Roof Tanks (EPA–450/2–77–

036),’’ (4) ‘‘Control of Volatile Organic

Emissions from Petroleum Liquid

Storage in External Floating Roof Tanks

(EPA–450/2–78–047),’’ and (5) ‘‘Control

of Volatile Organic Compound Leaks

from Gasoline Tank Trucks and Vapor

Collection Systems (EPA–450/2–78–

051).’’ Further interpretations of EPA

policy are found in the Blue Book,

referred to in footnote 2. In general,

these guidance documents have been set

forth to ensure that VOC rules are fully

enforceable and strengthen or maintain

the SIP. Rules 461, 462, and 463 include

the following significant changes from

the current SIP:

• Applicability sections.

• Test methods for compliance

determinations.

• Recordkeeping requirements.

• Exemptions consistent with the

CTG’s.

• Definitions of terms used in the

rules.

EPA has evaluated the submitted

rules and has determined that they are

consistent with the CAA, EPA

regulations, and EPA policy. Therefore,

MDAQMD’s Rule 461, ‘‘Gasoline

Transfer and Dispensing,’’ and Rule 462,

‘‘Organic Liquid Loading,’’ and

SBCAPCD’s Rule 463, ‘‘Storage of

Organic Liquids,’’ are being proposed

for approval under section 110(k)(3) of

the CAA as meeting the requirements of

section 110(a) and Part D.

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

Under the Regulatory Flexibility Act,

5 U.S.C. Section 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 sections 110 and

301 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, it
3796 Federal Register / Vol. 60, No. 12 / Thursday, January 19, 1995 / Proposed Rules

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 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,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compound.

Authority: 42 U.S.C. 7401–7671q.

Dated: January 6, 1995.

Felicia Marcus,

Regional Administrator.

[FR Doc. 95–1318 Filed 1–18–95; 8:45 am]

BILLING CODE 6560–50–W

40 CFR Parts 152, 174, and 180

[OPP–300378; FRL–4932–6]

RIN 2070–AC02

Plant-Pesticides Subject to the Federal

Insecticide, Fungicide, and

Rodenticide Act; Proposed

Exemptions From the Requirement of

a Tolerance for Plant-Pesticides and

Nucleic Acids and Viral Coat Proteins

Produced in Plants under the Federal

Food, Drug, and Cosmetic Act;

Proposed Rules; Extension of

Comment Periods

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Extension of comment periods.

SUMMARY: EPA is extending the

comment period for a proposed rule for

plant-pesticides under the Federal

Insecticide, Fungicide, and Rodenticide

Act (FIFRA), and three proposed

exemptions from the requirement of a

tolerance under the Federal Food, Drug,

and Cosmetic Act (FFDCA). The

proposed rule and proposed exemptions

from tolerance requirements describe

how EPA proposes to address pesticidal

substances produced by plants under

FIFRA and FFDCA.

DATES: Comments identified by the

docket control numbers [OPP– 300367a,

300368a, 300369a, 300371a] must be

received on or before February 23, 1995.

ADDRESSES: Submit written comments

by mail to: Program Resources Section,

Public Response and Program Resources

Branch, Field Operations Division

(7506C), Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. In person, bring comments

to: Rm. 1132, Crystal Mall #2, 1921

Jefferson Davis Highway, Arlington, VA

22202.

FOR FURTHER INFORMATION CONTACT: By

mail: Bernice Slutsky, Science and

Policy Staff, Office of Prevention,

Pesticides and Toxic Substances (7101),

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location and telephone number:

Rm. E–627, 401 M St., SW., Washington,

DC, (202–260–6900).

SUPPLEMENTARY INFORMATION: The

substances plants produce to protect

themselves against pests and disease are

considered to be pesticides under the

FIFRA definition of ‘‘pesticide.’’ These

substances, along with the genetic

material necessary to produce them are

designated ‘‘plant-pesticides’’ by EPA.

In the Federal Register of November 23,

1994, EPA published: (1) A proposed

policy statement that describes EPA’s

regulatory approach for plant-pesticides

under FIFRA and FFDCA (‘‘Proposed

Policy; Plant-Pesticides Subject to the

Federal Insecticide, Fungicide, and

Rodenticide Act and the Federal Food,

Drug, and Cosmetic Act’’) (59 FR

60496); (2) a proposed regulatory

amendment that would describe

categories of plant-pesticides that are

subject to or exempt from regulation

under FIFRA and clarifies the status of

plants that produce plant-pesticides

(‘‘Plant-Pesticides Subject to the Federal

Insecticide, Fungicide, and Rodenticide

Act; Proposed Rule’’) (59 FR 60519); (3)

a proposed exemption from the

requirement of a tolerance under

FFDCA for categories of plant-pesticides

that do not result in significantly

different dietary exposures (‘‘PlantPesticides; Proposed Exemption From

the Requirement of a Tolerance Under

the Federal Food, Drug, and Cosmetic

Act’’) (59 FR 60535); (4) a proposed

exemption from the requirement of a

tolerance under FFDCA for nucleic

acids, including deoxyribonucleic and

ribonucleic acids (‘‘Plant-Pesticides;

Proposed Exemption From the

Requirement of a Tolerance Under the

Federal Food, Drug, and Cosmetic Act

for Nucleic Acids Produced in Plants,’’)

(59 FR 60542); and (5) a proposed

exemption from the requirement of a

tolerance under FFDCA for viral coat

proteins (‘‘Plant-Pesticides; Proposed

Exemption From the Requirement of a

Tolerance Under the Federal Food,

Drug, and Cosmetic Act for Viral Coat

Proteins Produced in Plants’’) (59 FR

60545). In response to requests by

interested parties, EPA is extending the

comment period for the four proposals

by 30 days. Elsewhere in this issue of

the Federal Register, EPA is also

extending the comment period by 30

days for the proposed statement of

policy for pesticidal substances

produced in plants (plant-pesticides)

under FIFRA and FFDCA. Comments for

all documents must now be received by

February 23, 1995.

Comments must be filed with the

corresponding docket numbers:

Docket Number Document Name

OPP–300369a Plant-Pesticides Subject to the Federal Insecticide, Fungicide, and Rodenticide Act; Proposed Rule

OPP–300368a Plant-Pesticides; Proposed Exemption from the Requirement of a Tolerance Under the Federal Food,

Drug, and Cosmetic Act

OPP–300371a Plant-Pesticides; Proposed Exemption from the Requirement of a Tolerance Under the Federal Food,

Drug, and Cosmetic Act for Nucleic Acids Produced in Plants

OPP–300367a Plant-Pesticides; Proposed Exemption from the Requirement of a Tolerance Under the Federal Food,

Drug, and Cosmetic Act for Viral Coat Proteins Produced in Plants