12184 Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Proposed Rules

offer the possibility that subsequent

adjustments to the modeling results due

to the completed model validation

process, as well as the inclusion of areaspecific and source category-specific

emissions projection factors, may result

in changes that could alter the

conclusions presently reached with

respect to the effects of NOx reductions

on nonattainment areas within the

domain. Although this result seems

highly unlikely, it does remain a

possibility. In light of the above, EPA

has concluded that the LADCo

exemption demonstration is adequate to

support the granting of a NOx waiver.

Therefore, pursuant to section 182(f)(3)

of the Act, and based on the results

provided by the modeling data that is

available at this time, and on the

modeling analyses’ conformance to the

criteria contained in relevant EPA

guidance, including the Guideline, the

EPA proposes to approve the LADCo

NOx exemption petition. The EPA

reserves the right to reverse this

approval to the extent necessary if

subsequent modeling results, such as

may be available through the final

attainment demonstration submittal, or

through any other subsequent modeling

data, demonstrate that additional NOx

emission reductions will contribute to

attainment of the ozone NAAQS in all

or part of any nonattainment areas

within the LMOS modeling domain. For

a more detailed analysis of the petition,

please see the August 22, 1994 technical

support document entitled ‘‘Technical

Review of a Four State Request for a

Section 182(f) Exemption from Oxides

of Nitrogen (NOx) Reasonably Available

Control Technology (RACT) and New

Source Review (NSR) Requirements.’’

IV. Implication of Action

The EPA is proposing to approve the

LADCo petition. If granted, the approval

will exempt ozone nonattainment areas

in the LMOS modeling domain from any

applicable NOx requirements set forth in

the Act, such as those for NOx RACT,

NSR, I/M, and conformity. Therefore,

the sanctions clocks currently underway

for the applicable ozone nonattainment

areas in the States of Illinois, Indiana,

Michigan, and Wisconsin for failing to

submit a complete NOx RACT SIP will

be stopped upon final approval of the

exemption. The EPA reserves the right,

however, to reverse the proposed

approval if subsequent modeling, such

as may be available through the final

attainment demonstration, or any other

subsequent modeling data, demonstrate

an ozone attainment benefit from NOx

emission controls within all or part of

the ozone nonattainment areas within

the LMOS modeling domain. In that

case, the EPA would notify the States

that the exemption no longer applies for

the relevant nonattainment areas, and

would also provide notice to the public

in the Federal Register.

There are also consequences if the

EPA disapproves the petition. The

requirement to submit NOx RACT rules

and implement the NSR, conformity,

and I/M NOx requirements for the

LMOS modeling domain area remain in

place. Therefore, the sanctions clocks

currently underway for the applicable

ozone nonattainment areas in the States

of Illinois, Indiana, Michigan, and

Wisconsin for failing to submit a

complete NOx RACT SIP will not be

stopped. As provided under section

179(a) of the Act, if the State did not

make a complete submittal within 18

months after the finding of failure to

submit, the EPA would be required to

impose the requirements to provide

two-to-one NSR offsets. If the State had

not corrected its deficiency within 6

months after imposing the offset

sanction, the EPA would impose a

second sanction related to Federal

highway funding restrictions. Any

sanction the EPA imposes must remain

in place until the EPA determines that

the State has corrected the deficiency. In

addition, the finding of failure to submit

would trigger the 24-month clock for the

EPA to impose a Federal

Implementation Plan as provided under

section 110(c)(1) of the Act.

V. Request for Public Comments

Interested parties are invited to

submit comments on this petition and

on EPA’s proposed rulemaking action.

Public comments received by the date

indicated above will be considered in

the development of the final rule.

VI. Regulatory Process

The Office of Management and Budget

has exempted this rule from the

requirements of section 6 of Executive

Order 12866. 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,

under 5 U.S.C. 605(b), the EPA may

certify that the rule will not have a

significant economic impact on a

substantial number of small entities. See

46 FR 8709. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

Because any type of approval of a

section 182(f) petition 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 Act, preparation

of a regulatory flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of State

action.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Intergovernmental

relations, Oxides of Nitrogen, Ozone,

Reporting and recordkeeping

requirements.

Authority: 42 U.S.C. 7401–7671q.

Dated: February 27, 1995.

Carol M. Browner,

Administrator.

[FR Doc. 95–5402 Filed 3–3–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 52

[MA–30–1–6846b; A–1–FRL–5158–5]

Approval and Promulgation of Air

Quality Implementation Plans;

Massachusetts; VOC RACT for Brittany

Dyeing and Printing

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

a State Implementation Plan (SIP)

revision submitted by the

Commonwealth of Massachusetts. This

revision consists of a reasonably

available control technology (RACT)

Plan Approval for controlling volatile

organic compound (VOC) emissions

from Brittany Dyeing and Printing

Corporation of New Bedford,

Massachusetts. In the final rules section

of this Federal Register, EPA is

approving the Massachusetts’ SIP

revision as a direct final rule without

prior proposal because the Agency

views this as a noncontroversial

revision amendment 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 EPA

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. EPA will

not institute a second comment period

on this document. Any parties

interested in commenting on this

document should do so at this time.

DATES: Comments must be received on

or before April 5, 1995.
Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Proposed Rules 12185

ADDRESSES: Comments may be mailed to

Linda M. Murphy, Director, Air,

Pesticides and Toxics Management

Division, U.S. Environmental Protection

Agency, Region I, JFK Federal Bldg.,

Boston, MA 02203. Copies of the State

submittal and EPA’s technical support

document are available for public

inspection during normal business

hours, by appointment at the Air,

Pesticides and Toxics Management

Division, U.S. Environmental Protection

Agency, Region I, One Congress Street,

10th floor, Boston, MA and Division of

Air Quality Control, Department of

Environmental Protection, One Winter

Street, 8th Floor, Boston, MA 02108.

FOR FURTHER INFORMATION CONTACT:

Anne E. Arnold, (617) 565–3166.

SUPPLEMENTARY INFORMATION: For

additional information, see the direct

final rule which is located in the rules

section of this Federal Register.

Authority: 42 U.S.C. 7401–7671q.

Dated: February 9, 1995.

John P. DeVillars,

Regional Administrator, Region I.

[FR Doc. 95–5351 Filed 3–3–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[TX–47–1–6705b; FRL–5161–6]

Approval and Promulgation of Air

Quality Implementation Plans; Texas;

Revision to the State Implementation

Plan Addressing Sulfur Dioxide in

Harris County

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA in this action

proposes to approve a revision to the

Texas State Implementation Plan (SIP)

to include Agreed Orders limiting sulfur

dioxide (SO2) allowable emissions at

certain nonpermitted facilities in Harris

County, Texas. In the final rules section

of this Federal Register, the EPA is

approving the State’s SIP revision as a

direct final rule without prior proposal

because the Agency views this as a

noncontroversial revision amendment

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 this proposed rule, no

further activity is contemplated in

relation to this rule. If the EPA 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 EPA will not

institute a second comment period on

this action. Any parties interested in

commenting on this action should do so

at this time.

DATES: Comments on this proposed rule

must be received in writing by April 5,

1995.

ADDRESSES: Written comments on this

action should be addressed to Mr.

Thomas H. Diggs, Chief, Planning

Section, at the EPA Regional Office

listed below. Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the following

locations. The interested persons

wanting to examine these documents

should make an appointment with the

appropriate office at least twenty-four

hours before the visiting day.

U.S. Environmental Protection

Agency, Region 6, Air Programs Branch

(6T-A), 1445 Ross Avenue, suite 700,

Dallas, Texas 75202.

Texas Natural Resource Conservation

Commission, 12124 Park 35 Circle,

Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Mr.

Mark Sather,Planning Section (6T-AP),

Air Programs Branch (6T-A), USEPA

Region 6, 1445 Ross Avenue, Dallas,

Texas 75202–2733,telephone (214) 665–

7258.

SUPPLEMENTARY INFORMATION: See the

information provided in the direct final

rule of the same title which is located

in the final rules section of this Federal

Register.

Dated: February 8, 1995.

William B. Hathaway,

Acting Regional Administrator.

[FR Doc. 95–5353 Filed 3–3–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 85

[FRL–5164–7]

Retrofit/Rebuild Requirements for 1993

and Earlier Model Year Urban Buses;

Public Review of a Notification of

Intent To Certify Equipment

AGENCY: Environmental Protection

Agency.

ACTION: Notice of agency receipt of a

notification of intent to certify

equipment and initiation of 45 day

public review and comment period.

SUMMARY: The Agency has received a

notification of intent to certify urban

bus retrofit/rebuild equipment pursuant

to 40 CFR part 85, Subpart O. Pursuant

to § 85.1407(a)(7), today’s Federal

Register notice summarizes the

notification below, announces that the

notification is available for public

review and comment, and initiates a 45-

day period during which comments can

be submitted. The Agency will review

this notification of intent to certify, as

well as comments received, to

determine whether the equipment

described in the notification of intent to

certify should be certified. If certified,

the equipment can be used by urban bus

operators to reduce the particulate

matter of urban bus engines.

DATES: Comments must be submitted on

or before April 20, 1995.

ADDRESSES: Submit separate copies of

comments to each of the two following

addresses:

1. U.S. Environmental Protection

Agency, Public Docket A–93–42

(Category V), Room M–1500, 401 M

Street SW., Washington, DC 20460.

2. Anthony Erb, Technical Support

Branch, Manufacturers Operations

Division (6405J), 401 M Street SW.,

Washington, DC 20460.

This Engelhard notification of intent

to certify, as well as other materials

specifically relevant to it, are contained

in the public docket indicated above.

Docket items may be inspected from

8:00 a.m. until 5:30 p.m., Monday

through Friday. As provided in 40 CFR

part 2, a reasonable fee may be charged

by the Agency for copying docket

materials.

FOR FURTHER INFORMATION CONTACT:

Anthony Erb, Manufacturers Operations

Division (6405J), U.S. Environmental

Protection Agency, 401 M Street SW.,

Washington, DC 20460. Telephone:

(202) 233–9259.

SUPPLEMENTARY INFORMATION:

I. Background

On April 21, 1993, the Agency

published final Retrofit/Rebuild

Requirements for 1993 and Earlier

Model Year Urban Buses (58 FR 21359).

The retrofit/rebuild requirements are

intended to reduce the ambient levels of

particulate matter (PM) in urban areas

and are limited to 1993 and earlier

model year (MY) urban buses operating

in metropolitan areas with 1980

populations of 750,000 or more, whose

engines are rebuilt or replaced after

January 1, 1995. Operators of the

affected buses are required to choose

between two compliance programs:

Program 1 sets particulate matter

emissions requirements for each urban

bus engine in an operator’s fleet which

is rebuilt or replaced; Program 2 is a

fleet averaging program that sets out a

specific annual target level for average

PM emissions from urban buses in an

operator’s fleet.

A key aspect of this regulation is the

certification of retrofit/rebuild