63940 Federal Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Rules and Regulations

1As previously noted, however, by this action

EPA is providing the public with a chance to

comment on EPA’s determination after the effective

date and EPA will consider any comments received

in determining whether to reverse such action.

(i) Incorporation by reference.

(A) Letter of October 26, 1995 from

the Pennsylvania Department of

Environmental Protection transmitting

sections 6.7 (b), (c), (h) and section 17(2)

of the Pennsylvania Air Pollution

Control Act as amended on June 29,

1992.

(B) Sections 6.7 (b), (c), (h), and

section 17(2) of the Pennsylvania Air

Pollution Control Act, amended June 29,

1992 and effective on July 9, 1992.

[FR Doc. 95–30109 Filed 12–12–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[PA 081–4012c; FRL–5343–7]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Interim Final

Determination That Pennsylvania has

Corrected the Deficiency in the Stage

II Vapor Recovery Regulation

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Interim final determination.

SUMMARY: Elsewhere in today’s Federal

Register, EPA has published a direct

final rulemaking fully approving the

Commonwealth of Pennsylvania’s

submittal of its Stage II Vapor Recovery

requirements. The EPA has also

published a proposed rulemaking to

provide the public with an opportunity

to comment on EPA’s action. If a person

submits adverse comments on EPA’s

proposed action, EPA will withdraw its

direct final action and will consider any

comments received before taking final

action on the State’s submittal. Based on

the proposed full approval, EPA is

making an interim final determination

by this action that the State has

corrected the deficiency for which a

sanctions clock began on July 13, 1994.

This action will defer the application of

the offset sanction and defer the

application of the highway sanction.

Although this action is effective upon

publication, EPA will take comment on

this interim final determination as well

as EPA’s proposed approval of the

State’s submittal. If no comments are

received on EPA’s proposed approval of

the State’s submittal, the direct final

action published in today’s Federal

Register will also finalize EPA’s

determination that the State has

corrected the deficiency that started the

sanctions clock. If comments are

received on EPA’s proposed approval

and this interim final action, EPA will

publish a final rule taking into

consideration any comments received.

DATES: Effective date. December 13,

1995.

Comment date. Comments must be

received by January 12, 1996.

ADDRESSES: Comments should be sent to

Marcia L. Spink, Associate Director, Air

Programs, (3AT00), Air, Radiation and

Toxics Division, U.S. EPA Region III,

841 Chestnut Building, Philadelphia,

Pennsylvania 19103. The state submittal

and EPA’s analysis for that submittal,

which are the basis for this action, are

available for public review at the above

address and at the Pennsylvania

Department of Environmental

Protection, Bureau of Air Quality, P.O.

Box 8468, 400 Market Street, Harrisburg,

Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:

Cynthia H. Stahl, (215) 597–9337, at the

EPA Region III address above of via email at stahl.cynthia@epamail.epa.gov.

While information may be requested via

e-mail, comments must be submitted in

writing to the EPA Region III address

above.

SUPPLEMENTARY INFORMATION:

I. Background

On March 4, 1992, the Pennsylvania

Department of Environmental

Protection, Bureau of Air Quality,

submitted a Stage II vapor recovery

regulation, Chapter 129.82, which EPA

disapproved in a limited fashion on

June 13, 1994 (59 FR 30302). The EPA’s

disapproval action started an 18-month

clock for the application of one sanction

(followed by a second sanction 6

months later) under section 179 of the

Clean Air Act (Act) and a 24-month

clock for promulgation of a Federal

implementation plan under section

110(c)(1) of the Act. The State

subsequently submitted a revised

program on October 27, 1995, correcting

the deficiencies in the original

submittal. The EPA has taken direct

final action on this submittal pursuant

to its modified direct final policy set

forth at 59 FR 24054 (May 10, 1994). In

the Rules section of today’s Federal

Register, EPA has issued a direct final

full approval of the Commonwealth of

Pennsylvania’s submittal of its Stage II

vapor recovery regulation. In addition,

in the Proposed Rules section of today’s

Federal Register, EPA has proposed full

approval of the State’s submittal.

II. EPA Action

Based on the proposed full approval

set forth in today’s Federal Register,

EPA believes that it is more likely than

not that the State has corrected the

original disapproval deficiency that

started the sanction clock and, therefore,

EPA is taking this interim final action

finding that the State has corrected the

disapproval deficiency, effective on

publication. This action does not stop

the sanction clock that started under

section 179 for this area on July 13,

1994. However, this action will defer

the application of the offset sanction

and will defer the application of the

highway sanction. See 59 FR 39832

(Aug. 4, 1994) to be codified at 40 CFR

52.31. If EPA’s direct final action fully

approving the State’s submittal becomes

effective, such action will permanently

stop the sanction clock and will

permanently lift any applied, stayed or

deferred sanctions.

Today EPA is also providing the

public with an opportunity to comment

on this interim final action. If, based on

any comments on this action and any

comments on EPA’s proposed full

approval of the State’s submittal, EPA

determines that the State’s submittal is

not fully approvable and this final

action was inappropriate, EPA will take

further action to disapprove the State’s

submittal and to find that the State has

not corrected the original disapproval

deficiency. As appropriate, EPA will

also issue an interim final determination

or a final determination that the

deficiency has not been corrected. In

addition, the sanctions consequences

described in the sanctions rule will also

apply. See 59 FR 39832.

III. Administrative Requirements

Because EPA has preliminarily

determined that the State has an

approvable plan, relief from sanctions

should be provided as quickly as

possible. Therefore, EPA is invoking the

good cause exception under the

Administrative Procedure Act (APA) in

not providing an opportunity for

comment before this action takes effect.1

5 U.S.C. 553(b)(B). The EPA believes

that notice-and-comment rulemaking

before the effective date of this action is

impracticable and contrary to the public

interest. The EPA has reviewed the

State’s submittal and, through its

proposed and direct final action, is

indicating that it is more likely than not

that the State has corrected the

deficiency that started the sanctions

clock. Therefore, it is not in the public

interest to initially apply sanctions or to

keep applied sanctions in place when

the State has most likely done all that

it can to correct the deficiency that

triggered the sanctions clock. Moreover,

it would be impracticable to go through

notice-and-comment rulemaking on a
Federal Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Rules and Regulations 63941

finding that the State has corrected the

deficiency prior to the rulemaking

approving the State’s submittal.

Therefore, EPA believes that it is

necessary to use the interim final

rulemaking process to temporarily stay

or defer sanctions while EPA completes

its rulemaking process on the

approvability of the State’s submittal. In

addition, EPA is invoking the good

cause exception to the 30-day notice

requirement of the APA because the

purpose of this notice is to relieve a

restriction. See 5 U.S.C. 553(d)(1).

The Office of Management and Budget

has exempted this action from review

under Executive Order 12866.

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.

sections 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-profit enterprises, and

government entities with jurisdiction

over populations of less than 50,000.

This action, pertaining to the interim

final approval of corrections to the

Pennsylvania Stage II vapor recovery

regulation, temporarily relieves sources

of an additional burden potentially

placed on them by the sanction

provisions of the Act. Therefore, I

certify that it does not have an impact

on any small entities.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental regulations,

Reporting and recordkeeping, Ozone,

and Volatile organic compounds.

Authority: 42 U.S.C. 7401–7671q.

Dated: November 27, 1995.

Stanley Laskowski,

Acting Regional Administrator.

[FR Doc. 95–30111 Filed 12–12–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 140

[FRL–5345–4]

RIN 2040–AC51

Marine Sanitation Devices; Final

Regulation to Establish Drinking Water

Intake Zones in Two Sections of the

Hudson River, New York State

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The Environmental Protection

Agency is establishing two Drinking

Water Intake Zones in the Hudson

River, in response to an application

received by the New York State

Department of Environmental

Conservation (NYSDEC). Establishment

of a Drinking Water Intake Zone serves

to completely prohibit the discharge of

vessel sewage, treated or untreated, to

waters contained in that zone. Zone 1 is

bounded by the northern confluence of

the Mohawk River on the south and

Lock 2 on the north. It is approximately

8 miles long. Zone 2 is bounded on the

south by the Village of Roseton on the

western shore and bounded on the north

by the southern end of Houghtaling

Island. Zone 2 is approximately 60

miles long.

EFFECTIVE DATES: The final rule will take

effect April 11, 1996. In accordance

with 40 CFR 23.2, these amendments to

the regulation shall be considered

issued for purposes of judicial review at

1 p.m. eastern time, two weeks after

publication.

ADDRESSES: Patrick M. Durack, Chief,

Water Permits and Compliance Branch

(25th Floor), U.S. Environmental

Protection Agency Region 2, 290

Broadway, New York, New York,

10007–1866.

FOR FURTHER INFORMATION CONTACT:

Philip Sweeney, 212–637–3765.

SUPPLEMENTARY INFORMATION:

I. Background

In July 1992 the New York State

Department of Environmental

Conservation (NYSDEC) submitted an

application for two reaches of the

Hudson River to be designated by EPA

as Drinking Water Intake Zones. Section

312(f)(4)(B) of Public Law 92–500, as

amended by Public Law 95–217 and

Public Law 100–4, (the ‘‘Clean Water

Act’’), states, ‘‘Upon application by a

State, the Administrator shall, by

regulation, establish a drinking water

intake zone in any waters within such

State and prohibit the discharge of

sewage from vessels within that zone.

‘‘Region II requested that authority for

taking action in response to this

application be delegated from the

Administrator to the Regional

Administrator. That authority was

delegated on November 16, 1992.

Zone 1 is in the Hudson River/

Champlain Canal and is bounded by an

east-west line through the most northern

confluence of the Mohawk River which

will be designated by the TroyWaterford Bridge (126th Street Bridge)

on the south and Lock 2 on the north.

It is approximately 8 miles long. This

zone is classified in the Official

Compilation of Codes, Rules and

Regulations of the State of New York (6

NYCRR) Part 941.6, Item Number 1, as

one Class A segment. This classification

was assigned in February 1967. Class A

is the standard given to waters of New

York for the protection of a source of

water supply for drinking, culinary, or

food processing purposes. There is one

drinking water intake located in Zone 1,

authorized for 2.0 million gallons per

day, which serves the Town and Village

of Waterford, Saratoga County, New

York. This portion of the Hudson River

adjoins Saratoga County on the west and

Rensselaer County on the east.

Zone 2 is also in the Hudson River

and is bounded on the south by the

Village of Roseton on the western shore

and Low Point on the eastern shore in

the vicinity of Chelsea, and on the north

by the southern end of Houghtaling

Island. This zone is classified in 6

NYCRR as two segments, both Class A.

The northern segment, which stretches

from the southern end of Houghtaling

Island (at light #72) to the southern end

of Esopus Island (at light #28), was

classified as Class B in 1966 and

reclassified by the State of New York as

Class A in 1969. The southern segment

of Zone 2 stretches from the southern

end of Esopus Island (at light #28) to the

line formed by Roseton on the west

shore and Low Point on the east shore

in the vicinity of Chelsea, New York.

This southern segment of Zone 2 was

classified on October 15, 1966 as Class

A. There are six authorized drinking

water intakes in Zone 2. They are listed

below:

Community served

Authorized

taking in

million gallons per day

Rhinebeck Village and Hamlet

of Rhinecliff ........................... 1.0

Hyde Park Fire and Water District, Town of Hyde Park ....... 6.0

City and Town of Poughkeepsie .......................................... 16.0

New York City, Chelsea Emergency Pump Station .............. 100.0

Port Ewan Water District, Town

of Esopus .............................. 1.0

Highland Water District ............. 3.0

Authority to enforce the prohibition

of vessel sewage discharges lies with the

U.S. Coast Guard, which may by

agreement utilize enforcement officers

of the U.S. Environmental Protection

Agency, other Federal agencies, or

States, in accordance with § 312(k) of

the Clean Water Act.

Both the Federal and New York State

governments will take a role in

implementation and enforcement of the

prohibition in the two drinking water