2524 Federal Register / Vol. 60, No. 6 / Tuesday, January 10, 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.

sanctions clocks. Based on this action,

application of the offset sanctions will

be deferred and application of the

highway sanctions will be deferred until

EPA’s final action fully approving the

State’s submittal becomes effective or

until EPA takes action proposing or

disapproving in whole or part the State

submittal. If EPA’s proposed rulemaking

action fully approving the State

submittal becomes final, at that time any

sanctions clocks will be permanently

stopped and any applied, stayed or

deferred sanctions will be permanently

lifted.

Because EPA has preliminarily

determined that the State has corrected

the deficiencies identified in EPA’s

limited disapproval actions, 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). EPA believes that

notice-and-comment rulemaking before

the effective date of this action is

impracticable and contrary to the public

interest. EPA has reviewed the State’s

submittal and, through its proposed

action is indicating that it is more likely

than not that the State has corrected the

deficiencies that started the sanctions

clocks. Therefore, it is not in the public

interest to initially impose sanctions or

to keep applied sanctions in place when

the State has most likely done all that

it can to correct the deficiencies that

triggered the sanctions clocks.

Moreover, it would be impracticable to

go through notice-and-comment

rulemaking on a finding that the State

has corrected the deficiencies 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.

Moreover, with respect to the effective

date of this action, 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).

III. 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.

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 temporarily relieves

sources of an additional burden

potentially placed on them by the

sanctions provisions of the Act.

Therefore, I certify that it does not have

an impact on any small entities.

The Office of Management and Budget

(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 regulations,

Reporting and recordkeeping, Ozone,

and Volatile organic compounds.

Authority: 42 U.S.C. 7401–7671q.

Dated: December 27, 1994.

Felicia Marcus,

Regional Administrator.

[FR Doc. 95–520 Filed 1–9–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[CT–11–1–5813; ME–11–1–6313; RI–10–1–

6319; VT–6–1–6312; A–1–FRL–5120–8]

Approval and Promulgation of Air

Quality Implementation Plans;

Connecticut, Maine, Rhode Island, and

Vermont; Emission Statements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving revisions to

the respective State Implementation

Plans (SIPs) for the following four

States: Connecticut, Maine, Rhode

Island, and Vermont. Revisions to the

SIP were submitted by each of these

four States to implement an emission

statement program for stationary sources

throughout the State. Connecticut

submitted section 22a–174–4(c)(1),

under the section entitled

‘‘Recordkeeping and Reporting’’, and

amendments to the SIP narrative

entitled ‘‘Revision to State

Implementation Plan for Air Quality

Emission Statements’’ on January 12,

1993. On January 3, 1994, Maine

submitted Chapter 137, ‘‘Emission

Statements’’ and amendments to

Chapter 100, ‘‘Definitions.’’ Rhode

Island submitted amendments to

Regulation Number 14 entitled ‘‘Record

Keeping and Reporting’’ on January 12,

1993. On August 9, 1993, Vermont

submitted a rule entitled ‘‘Registration

of Air Contaminant Sources,’’ sections

5–801 through 5–806, and a SIP

Narrative, ‘‘State of Vermont Air Quality

Implementation Plan, February 1993.’’

These SIP revisions were submitted by

the States to satisfy the Federal

requirements for an emission statement

program as part of the SIP.

EFFECTIVE DATE: This rule will become

effective on February 9, 1995.

ADDRESSES: Copies of the States’

submittals and other information are

available for inspection during normal

business hours, by appointment, at the

following locations: Air, Pesticides and

Toxics Management Division, US

Environmental Protection Agency,

Region I, One Congress Street, 10th

floor, Boston, MA 02203 and Public

Information Reference Unit,

Environmental Protection Agency, 401

M Street, S.W., Washington, D.C. 20460.

In addition, Connecticut’s submittal is

available at the Bureau of Air

Management, Department of

Environmental Protection, State Office

Building, 165 Capitol Avenue, Hartford,

CT 06106; Maine’s submittal is available

at the Bureau of Air Quality Control,

Department of Environmental

Protection, State House, Station 17,

Augusta, ME 04333; Rhode Island’s

submittal is available at the Division of

Air and Hazardous Materials,

Department of Environmental

Management, 291 Promenade Street,

Providence, RI 02908–5767; and

Vermont’s submittal is available at the

Air Pollution Control Division, Agency

of Natural Resources, Department of

Environmental Management, Building 3

South, 103 South Main Street,

Waterbury, VT 05676.

FOR FURTHER INFORMATION CONTACT:

Daria L. Dilaj at (617) 565–3249.

SUPPLEMENTARY INFORMATION:

Background

On September 21, 1994 (59 FR 48411),

EPA published a notice of proposed

rulemaking (NPR) for the States of

Connecticut, Maine, Rhode Island, and

Vermont. The NPR proposed approval

of the emission statement regulations

adopted by these states. No public

comments were received on the NPR.

The following SIP revisions address

sections 182(a)(3)(B) and 184(b)(2) of the

Clean Air Act, which require that States

develop and submit, as SIP revisions,

rules which establish annual reporting

requirements for precursors of ozone

from stationary sources.

The State of Connecticut developed

an emission statement program using

the existing regulatory authority given
Federal Register / Vol. 60, No. 6 / Tuesday, January 10, 1995 / Rules and Regulations 2525

by section 22a–174–4(c)(1), under the

section entitled ‘‘Recordkeeping and

Reporting’’. Section 22a–174–4(c)(1)

was previously numbered as 19–508–

4(c)(1) in Connecticut’s SIP. In response

to additional requirements of the

emission statement program which were

not covered by section 22a–174–4(c)(1),

Connecticut revised its SIP narrative

entitled ‘‘Revision to State

Implementation Plan for Air Quality

Emission Statements,’’ and submitted it

to EPA as a SIP revision on January 12,

1993.

The State of Maine formally

submitted Chapter 137, ‘‘Emission

Statements’’ and an amendment to

Chapter 100 ‘‘Definitions’’ to address

the emission statement requirements of

the CAA on January 3, 1994.

On January 12, 1993, the State of

Rhode Island formally submitted its Air

Pollution Control Regulation Number 14

entitled ‘‘Record Keeping and

Reporting’’ which had been amended to

require emission statements.

Vermont developed an emission

statement program using existing

regulatory authority given by Vermont’s

rule entitled ‘‘Registration of Air

Contaminant Sources,’’ sections 5–801

through 5–806. In response to additional

requirements of the emission statement

program which were not covered by

sections 5–801 through 5–806, Vermont

revised its SIP narrative entitled ‘‘State

of Vermont Air Quality Implementation

Plan, February 1993,’’ and submitted

sections 5–801 through 5–806, and the

SIP narrative, to EPA as a SIP revision

on August 9, 1993.

Other specific requirements of

emission statements and the rationale

for EPA’s proposed action are explained

in the NPR and will not be restated here.

Final Action

EPA has evaluated the States’

submittals for consistency with the

Clean Air Act, EPA regulations, and

EPA policy. EPA has determined that

the proposed rules meet the Clean Air

Act’s requirements and is approving or

reapproving the following rules under

section 110(k)(3): Connecticut’s section

22a–174–4(c)(1), under the section

entitled ‘‘Recordkeeping and

Reporting;’’ Rhode Island’s regulation

Number 14 entitled ‘‘Record Keeping

and Reporting;’’ Vermont’s rule entitled

‘‘Registration of Air Contaminant

Sources,’’ sections 5–801 through 5–

806; Maine’s Chapter 137, ‘‘Emission

Statements’’ and amendments to

Chapter 100, ‘‘Definitions;’’ and the SIP

narrative revisions from Connecticut

entitled ‘‘Revision to State

Implementation Plan for Air Quality

Emission Statements,’’ and Vermont

entitled ‘‘State of Vermont Air Quality

Implementation Plan, February 1993.’’

Based upon EPA’s evaluation of

Connecticut’s and Rhode Island’s

January 12, 1993 submittals, Vermont’s

August 9, 1993 submittal, and Maine’s

January 3, 1994 submittal, EPA is

approving the emission statement

submissions as revisions to the ozone

SIP.

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 any 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. 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.

Under section 307(b)(1) of the Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by March 13, 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)).

As noted elsewhere in this action,

EPA received no adverse public

comment on the proposed action. As a

direct result, the Regional Administrator

has reclassified this action from Table 2

to Table 3 under the processing

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214) and revisions to these procedures

issued on October 4, 1993 in an EPA

memorandum entitled ‘‘Changes to State

Implementation Plan (SIP) Tables.’’

On January 6, 1989, the Office of

Management and Budget (OMB) waived

Table 2 and Table 3 revisions (54 FR

2222) from the requirements of section

3 of Executive Order 12291 for a period

of two years. The US EPA has submitted

a request for a permanent waiver for

Table 2 and Table 3 SIP revisions. The

OMB has agreed to continue the

temporary waiver until such time as it

rules on EPA’s request. This request

continues in effect under Executive

Order 12866 which superseded

Executive Order 12291 on September

30, 1993.

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).

List of Subjects in 40 CFR Part 52

Air pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements.

Note: Incorporation by reference of the

State Implementation Plan for the States of

Connecticut, Maine, Rhode Island, and

Vermont was approved by the Director of the

Federal Register on July 1, 1982.

Dated: November 14, 1994.

John P. DeVillars,

Regional Administrator, Region I.

Part 52 of 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 H—Connecticut

2. Section 52.370 is amended by

adding paragraph (c)(66) to read as

follows:

§ 52.370 Identification of plan.

* * * * *

(c) * * *

(66) Revisions to the State

Implementation Plan submitted by the

Connecticut Department of

Environmental Protection on January

12, 1993.
2526 Federal Register / Vol. 60, No. 6 / Tuesday, January 10, 1995 / Rules and Regulations

(i) Incorporation by reference.

(A) Letter from the Connecticut

Department of Environmental Protection

dated January 12, 1993 submitting a

revision to the Connecticut State

Implementation Plan.

(B) Section 22a–174–4(c)(1) of

Connecticut Regulations for the

Abatement of Air Pollution, under the

section entitled ‘‘Recordkeeping and

Reporting.’’ Section 22a–174–4(c)(1)

was previously numbered as 19–508–

4(c)(1) in Connecticut’s SIP. 19–508–

4(c)(1) in Connecticut’s SIP. 19–508–4

became effective in the State of

Connecticut on October 31, 1977.

Connecticut developed an emission

statement program using the existing

regulatory authority given by section

22a–174–4(c)(1) under the section

entitled ‘‘Reporting and

Recordkeeping’’.

(ii) Additional information.

(A) State implementation Plan

narrative entitled ‘‘Revision to State

Implementation Plan for Air Quality

Emission Statements’’ which addresses

emission statement requirements not

discussed specifically in Section 22a–

174–4(c)(1).

(B) Nonregulatory portions of the

submittal.

Subpart U—Maine

3. Section 52.1020 is amended by

adding paragraph (c)(34) to read as

follows:

§ 52.1020 Identification of plan.

* * * * * *

(c) * * *

(34) Revisions to the State

Implementation Plan submitted by the

Maine Department of Environmental

Protection on January 3, 1994.

(i) Incorporation by reference.

(A) Letter from the Maine Department

of Environmental Protection dated

January 3, 1994 submitting a revision to

the Maine State Implementation Plan.

(B) Revised Chapter 100 of the Maine

Department of Environmental Protection

Regulations, ‘‘Definitions’’ effective in

the State of Maine on December 12,

1993.

(C) Chapter 137 of the Maine

Department of Environmental Protection

Regulations, ‘‘Emission Statements’’

effective in the State of Maine on

December 12, 1993.

(ii) Additional Information.

(A) Nonregulatory portions of the

submittal.

4. In § 52.1031, Table 52.1031 is

amended by adding new entries to

existing state citation ‘‘Chapter 100’’

and by adding new citation ‘‘Chapter

137’’ to read as follows:

§ 52.1031 EPA-approved Maine

regulations.

* * * * *

TABLE 52.1031.—EPA-APPROVED RULES AND REGULATIONS

State citation Title/subject Date adopted by

state

Date adopted by

EPA

Federal Register

citation 52.1020

* * * * * * *

100 .................... Definitions ........ Nov. 10, 1993 ... Jan. 10, 1995 ... [Insert FR citation from published date].(c)(34) .......... Revised to add definitions associated with emission statement

rules.

* * * * * * *

137 .................... Emission Statements.Nov.10, 1993 .... Jan. 10, 1995 ... [Insert FR citation from published date].(c)(34) ..........

Subpart OO—Rhode Island

5. Section 52.2070 is amended by

adding paragraph (c)(42) to read as

follows:

§ 52.2070 Identification of plan.

* * * * *

(c) * * *

(42) Revisions to the State

Implementation Plan submitted by the

Rhode Island Department of

Environmental Management on January

12, 1993.

(i) Incorporation by reference.

(A) Letter from the Rhode Island

Department of Environmental

Management dated January 12, 1993

submitting a revision to the Rhode

Island State Implementation Plan.

(B) Revisions to Air Pollution Control

Regulation No. 14, ‘‘Record Keeping and

Reporting,’’ filed with the Secretary of

State on January 11, 1993 and effective

in the State of Rhode Island on January

31, 1993.

(ii) Additional materials.

(A) Nonregulatory portions of the

submittal.

6. In § 52.2081, Table 52.2081 is

amended by adding a new entry to

existing state citation ‘‘Regulation 14’’ to

read as follows:

§ 52.2081 EPA-approved EPA Rhode

Island State regulations.

* * * * *

TABLE 52.2081.—EPA-APPROVED RULES AND REGULATIONS

State citation Title/subject Date adopted

by state

Date approved by

EPA FR citation 52.2070 Comments/unapprovedsections

* * * * * * *

No. 14 .................... Record Keeping

and Reporting.

Jan. 11, 1993 Jan. 10, 1995 ........ [Insert FR citation

from published

date].

(c)(42) ..........

* * * * * * *
Federal Register / Vol. 60, No. 6 / Tuesday, January 10, 1995 / Rules and Regulations 2527

Subpart UU—Vermont

7. Section 52.2370 is amended by

adding paragraph (c)(21) to read as

follows:

§ 52.2370 Identification of plan.

* * * * *

(c) * * *

(21) Revisions to the State

Implementation Plan submitted by the

Vermont Air Pollution Control Division

on August 9, 1993.

(i) Incorporation by reference.

(A) Letter dated August 9, 1993 from

the Vermont Air Pollution Control

Division submitting revisions to the

Vermont State Implementation Plan.

Vermont resubmitted Vermont’s rule

entitled ‘‘Registration of Air

Contaminant Sources,’’ Sections 5–801

through 5–806 and the SIP narrative

entitled ‘‘State of Vermont Air Quality

Implementation Plan, February 1993’’ to

meet the emission statement

requirements of the Clean Air Act

Amendments of 1990.

(B) Letter dated February 4, 1993 from

the Vermont Air Pollution Control

Division submitting revisions to the

Vermont State Implementation Plan

which included Vermont’s rule entitled

‘‘Registration of Air Contaminant

Sources,’’ Sections 5–801 through 5–806

and the SIP narrative entitled ‘‘State of

Vermont Air Quality Implementation

Plan, February 1993’’ to meet the

emission statement requirements of the

Clean Air Act Amendments of 1990.

Sections 5–801 through 5–806 were

previously adopted by Vermont and

became effective on April 20, 1988.

(C) Section 5–801 ‘‘Definitions,’’

section 5–802 ‘‘Requirement for

Registration,’’ section 5–803

‘‘Registration Procedure,’’ section 5–804

‘‘False or Misleading Information,’’

section 5–805 ‘‘Commencement or

Recommencement of Operation,’’ and

section 5–806 ‘‘Transfer of Operation’’

effective on April 20, 1988.

(ii) Additional materials.

(A) Vermont’s SIP narrative entitled

‘‘State of Vermont Air Quality

Implementation Plan, February 1993’’

which addresses emission statement

requirements not covered by sections 5–

801 through 5–806.

(B) Letter dated October 5, 1994 from

the Vermont Air Pollution Control

Division which clarifies Vermont

procedures in developing the emission

statement information.

(C) Nonregulatory portions of the

submittal.

8. In § 52.2381 Table 52.2381 is

amended by adding a new entry to

existing state citation ‘‘section 5–801’’

and adding new state citations ‘‘5–802

through 5–806’’ to read as follows:

§ 52.2381 EPA-approved Vermont State

regulations.

* * * * *

TABLE 52.2381.—EPA-APPROVED RULES AND REGULATIONS

State citation, title and subject Date adopted by state

Date approved

by EPA Federal Register citation Section52.2370

Comments and unapproved

sections

* * * * * * *

Section 5–801, Definitions ...... 4/20/88 Jan. 10, 1995 ... [Insert FR citation from published date].(c)(21) ..........

* * * * * * *

Section 5–802, Requirement

for Registration.

4/20/88 Jan. 10, 1995 ... [Insert FR citation from published date].(c)(21) ..........

* * * * * * *

Section 5–803, Registration

Procedure.

4/20/88 Jan. 10, 1995 ... [Insert FR citation from published date].(c)(21) ..........

* * * * * * *

Section 5–804, False or Misleading Information.4/20/88 Jan. 10, 1995 ... [Insert FR citation from published date].(c)(21) ..........

* * * * * * *

Section 5–805, Commencement or Recommencement

of Operation.

4/20/88 Jan. 10, 1995 ... [Insert FR citation from published date].

(c)(21) ..........

* * * * * * *

Sections 5–806, Transfer of

Operation.

4/20/88 Jan. 10, 1995 ... [Insert FR citation from published date].(c)(21).

[FR Doc. 95–567 Filed 1–9–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 70

[NM002; FRL–5136–1]

Clean Air Act Interim Approval of

Operating Permits Program; City of

Albuquerque Environmental Health

Department, Air Pollution Control

Division

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is promulgating

interim approval of the operating

permits program submitted by the New

Mexico Governor’s designee, Mr.

Lawrence Rael, for the City of

Albuquerque as Chief Administrative

Officer, and for Bernalillo County as the

administrative head of the

Albuquerque/Bernalillo County

Operating Permits Program, for the