Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Rules and Regulations 8565

the 24-hour NAAQS. Information

supporting this analysis is contained in

the docket supporting this notice.

C. Open Burning, Field and Forestry

Slash Burning

Finally, the commenter expressed

concern ‘‘about when open burning is

allowed and that field and forestry slash

burning be allowed to increase without

good monitoring.’’ Again the comment

was only a general concern and did not

provide any specific information to

support it.

As discussed in the July 1, 1994,

Federal Register, 59 FR 33914 and

further explained in its technical

support document, open, field and

forestry slash burning activities either

do not occur, are adequately controlled

or are not allowed during the time

period when exceedances of the 24-hour

NAAQS typically occur.

IV. Significance of Today’s Action

EPA is approving this plan revision

submitted to EPA for the La Grande

nonattainment area. Among other

things, ODEQ has demonstrated that the

La Grande moderate PM–10

nonattainment area will attain the PM–

10 NAAQS by December 31, 1994. Note

that this action includes approval of the

contingency measures for the La Grande

nonattainment area which take effect

without further action by the State or

EPA, upon a determination by EPA that

the area has failed to make reasonable

further progress (RFP) or attain the PM–

10 NAAQS by the applicable statutory

deadline.

V. Administrative Review

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

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 section 110 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, I

certify that it 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 EPA has reviewed this request for

revision of the federally-approved SIP

for conformance with the provisions of

the 1990 Clean Air Act Amendments

enacted on November 15, 1990. The

EPA has determined that this action

conforms with those requirements.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to 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.

This action has been classified as a

Table 2 action 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 April 17, 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 may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2), 42 U.S.C. 7607(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Particulate matter.

Note: Incorporation by reference of the

Implementation Plan for the State of Oregon

was approved by the Director of the Office of

Federal Register on July 1, 1982.

Dated: January 17, 1995.

Chuck Clarke,

Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations 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 MM—Oregon

2. Section 52.1970 is amended by

adding paragraph (c) (107) to read as

follows:

§ 52.1970 Identification of plan.

* * * * *

(c) * * *

(107) On November 15, 1991, the

ODEQ submitted a PM–10

nonattainment area SIP for La Grande,

Oregon.

(i) Incorporation by reference.

(A) November 15, 1991 letter from

ODEQ to EPA Region 10 submitting the

PM–10 nonattainment area SIP for La

Grande, Oregon.

(B) PM–10 Control Strategy for

Particulate Matter, October 1991, La

Grande, Oregon Nonattainment Area, as

adopted by the Environmental Quality

Commission on November 8, 1991.

[FR Doc. 95–3679 Filed 2–14–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[CA 14–15–6851; FRL–5145–4]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision; Kern

County Air Pollution Control District;

Monterey Bay Unified Air Pollution

Control District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing the approval

of revisions to the California State

Implementation Plan (SIP) proposed in

the Federal Register on October 20,

1994 and October 21, 1994. The

revisions concern rules from the Kern

County Air Pollution Control District

(KCAPCD) and the Monterey Bay

Unified Air Pollution Control District

(MBUAPCD). This approval action will

incorporate these rules into the

Federally approved SIP. The intended

effect of approving these rules is to

regulate emissions of volatile organic

compounds (VOCs) in accordance with

the requirements of the Clean Air Act,

as amended in 1990 (CAA or the Act).

The rules control VOC emissions from

solvent metal cleaning operations,

gasoline transfer operations, storage of

organic liquids, and steam drive wells.

Thus, EPA is finalizing the approval of
8566 Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Rules and Regulations

these rules into the California SIP 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.

EFFECTIVE DATE: This action is effective

on March 17, 1995.

ADDRESSES: Copies of the rules and

EPA’s evaluation report for each rule are

available for public inspection at EPA’s

Region IX office during normal business

hours. Copies of the submitted rules are

available for inspection at the following

locations:

Rulemaking Section (A–5–3), Air and

Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105.

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, S.W.,

Washington, D.C. 20460.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95814.

Kern County Air Pollution Control

District, 2700 ‘‘M’’ Street, Suite 290,

Bakersfield, CA 93301.

Monterey Bay Unified Air Pollution

Control District, 24580 Silvercloud

Court, Monterey, CA 93940.

FOR FURTHER INFORMATION CONTACT: Mae

Wang, Rulemaking Section, Air and

Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105, Telephone: (415) 744–1200.

SUPPLEMENTARY INFORMATION:

Background

On October 20, 1994 in 59 FR 52947,

EPA proposed to approve the following

rules into the California SIP: KCAPCD

Rule 410.3, Organic Solvent Degreasing

Operations, and Rule 412, Gasoline

Transfer into Stationary Storage

Containers, Delivery Vessels, and Bulk

Plants. Both Rule 410.3 and Rule 412

were adopted by the KCAPCD on May

6, 1991 and were submitted by the

California Air Resources Board (CARB)

to EPA on May 30, 1991. The following

rules from the MBUAPCD were

proposed for approval on October 21,

1994 in 59 FR 53128: Rule 417, Storage

of Organic Liquids, Rule 418, Transfer

of Gasoline into Stationary Storage

Containers, and Rule 427, Steam Drive

Crude Oil Production Wells. These rules

were adopted by the MBUAPCD on

August 25, 1993, and were submitted by

the CARB to EPA on November 18,

1993. A detailed discussion of the

background for each of the above rules

and nonattainment areas is provided in

the Notices of Proposed Rulemaking

(NPRMs) cited above.

EPA has evaluated all of the above

rules for consistency with the

requirements of the CAA and EPA

regulations and EPA interpretation of

these requirements as expressed in the

various EPA policy guidance documents

referenced in the NPRMs cited above.

EPA has found that the rules meet the

applicable EPA requirements. A

detailed discussion of the rule

provisions and evaluations has been

provided in 59 FR 52947 and 59 FR

53128, and in technical support

documents (TSDs) available at EPA’s

Region IX office.

Response to Public Comments

A 30-day public comment period was

provided in 59 FR 52947 and 59 FR

53128. EPA did not receive any

comments in response to these NPRMs.

EPA Action

EPA is finalizing action to approve

the above rules for inclusion into the

California SIP. EPA is approving the

submittal under section 110(k)(3) as

meeting the requirements of section

110(a) and Part D of the CAA. This

approval action will incorporate these

rules into the Federally approved SIP.

The intended effect of approving these

rules is to regulate emissions of VOCs in

accordance with the requirements of the

CAA.

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

The Office of Management and Budget

has exempted this action from review

under Executive Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: January 11, 1995.

Felicia Marcus,

Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations 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 F—California

2. Section 52.220 is amended by

adding paragraphs (c) (185)(i)(A)(7) and

(194)(i)(F) to read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(185) * * *

(i) * * *

(A) * * *

(7) Rule 410.3 and Rule 412, adopted

on May 6, 1991.

* * * * *

(194) * * *

(i) * * *

(F) Monterey Bay Unified Air

Pollution Control District

(1) Rule 417, Rule 418, and Rule 427,

adopted on August 25, 1993.

* * * * *

[FR Doc. 95–3682 Filed 2–14–95; 8:45 am]

BILLING CODE 6560–50–W

40 CFR Part 52

[PA37–1–6370a; FRL–5144–2]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; SO2: Conewango

Township, Warren County

Implementation Plan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State

implementation plan (SIP) revision

submitted by the Commonwealth of

Pennsylvania. This revision provides

for, and demonstrates, the attainment of

the national ambient air quality

standards (NAAQS) for sulfur oxides in

the Conewango Township, Warren

County nonattainment area. The

implementation plan was submitted by

Pennsylvania to satisfy the requirements

of the Clean Air Act (CAA) pertaining to

nonattainment areas. This action is

being taken under section 110 of the

Clean Air Act.

DATES: This action will become effective

April 17, 1995 unless notice is received