12520 Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Proposed Rules

rule which is located in the Rules

Section of this Federal Register.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental regulations,

Reporting and recordkeeping, Ozone,

Volatile organic compounds.

Authority: 42 U.S.C. 7401–7671q.

Dated: February 22, 1995.

Jane N. Saginaw,

Regional Administrator (6A).

[FR Doc. 95–5346 Filed 3–6–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[CA 95–2–6860b; FRL–5160–5]

Approval and Promulgation of State

Implementation Plans; California State

Implementation Plan Revision, Bay

Area Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

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 pump

and compressor seals at petroleum

refineries, chemical plants, bulk plants,

and bulk terminals; large commercial

bakeries; and polyester resin operations.

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).

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 this 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 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will be withdrawn and all public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 document. 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 6,

1995.

ADDRESSES: Written comments on this

action should be addressed to: Daniel A.

Meer, Rulemaking Section (A–5–3), Air

and Toxics Division, U.S.

Environmental Protection Agency,

Region 9, 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.

Bay Area Air Quality Management, 939

Ellis Street, San Francisco, CA 94109.

FOR FURTHER INFORMATION CONTACT:

Christine Vineyard, Rulemaking Section

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

Environmental Protection Agency,

Region 9, 75 Hawthorne Street, San

Francisco, CA 94105–3901, Telephone:

(415) 744–1197.

SUPPLEMENTARY INFORMATION: This

document concerns the Bay Area Air

Quality Management District Rules 8–

25, Pump and Compressor Seals at

Petroleum Refineries, Chemical Plants,

Bulk Plants, and Bulk Terminals; 8–42,

Large Commercial Bakeries; and 8–50,

Polyester Resin Operations; submitted

to EPA on September 28, 1994 by the

California Air Resources Board. For

further information, please see the

information provided in the Direct Final

action which is located in the Rules

section of this Federal Register.

Authority: 42 U.S.C. 7401–7671q.

Dated: February 10, 1995.

Felicia Marcus,

Regional Administrator.

[FR Doc. 95–5349 Filed 3–6–95; 8:45 am]

BILLING CODE 6560–50–W

40 CFR Parts 52 and 81

[TX–53–1–6843b; FRL–5164–1]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes; State of Texas; Approval of

the Maintenance Plan for Victoria

County and Redesignation of the

Victoria County Ozone Nonattainment

Area to Attainment

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed rulemaking.

SUMMARY: On July 27, 1994 the State of

Texas submitted a maintenance plan

and a request to redesignate the Victoria

County, Texas ozone nonattainment

area from nonattainment to attainment.

Under the Clean Air Act (CAA),

nonattainment areas may be

redesignated to attainment if sufficient

data are available to warrant the

redesignation and the area meets the

other CAA redesignation requirements.

In the final rules section of this

Federal Register, the EPA is approving

this exemption request as a direct final

rulemaking without prior proposal

because the EPA views this action as

noncontroversial 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 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 6,

1995.

ADDRESSES: Comments should be

mailed to Guy R. Donaldson, Acting

Chief, Air Planning Section (6T–AP),

U.S. EPA Region 6, 1445 Ross Avenue,

Dallas, Texas 75202–2733. Copies of the

State’s petition and other information

relevant to this action are available for

inspection during normal hours at the

following locations:

U.S. Environmental Protection Agency,

Region 6, Air Programs Branch (6T–

A), 1445 Ross Avenue, Suite 700,

Dallas, Texas 75202–2733.

Texas Natural Resource Conservation

Commission, Office of Air Quality,

12124 Park 35 Circle, Austin, Texas

78753.

Anyone wishing to review this

petition at the EPA office is asked to

contact the person below to schedule an

appointment 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Mr.

Mick Cote, Planning Section (6T–AP),

EPA Region 6, telephone (214) 665–

7219.

SUPPLEMENTARY INFORMATION: See the

information provided in the direct final

rule which is located in the Rules

Section of this Federal Register.

List of Subjects in 40 CFR Parts 52 and

81

Environmental protection, Air

pollution control, Area designations,

Hydrocarbons, Incorporation by

reference, Intergovernmental
Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Proposed Rules 12521

regulations, Lead, Reporting and

recordkeeping, Ozone, Volatile organic

compounds.

Authority: 42 U.S.C. 7401–7671q.

Dated: February 22, 1995.

Jane N. Saginaw,

Regional Administrator (6A).

[FR Doc. 95–5345 Filed 3–6–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 70

[AD–FRL–5166–4]

Clean Air Act Proposed Approval Of

Operating Permits Program; State of

Nebraska and the City of Omaha

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes full

approval of the Operating Permit

Programs submitted by the state of

Nebraska and city of Omaha for the

purpose of complying with Federal

requirements which mandate that states

develop, and submit to EPA, programs

for issuing operating permits to all

major stationary sources, and to certain

other sources.

DATES: Comments on this proposed

action must be received in writing by

April 6, 1995.

ADDRESSES Comments should be

addressed to Christopher D. Hess at the

address below. Copies of the submittal

and other supporting information used

in developing the proposed rule are

available for inspection during normal

business hours by contacting:

Christopher D. Hess, Environmental

Protection Agency, Air Branch; 726

Minnesota Avenue, Kansas City, Kansas

66101.

FOR FURTHER INFORMATION CONTACT:

Christopher D. Hess at (913) 551–7213.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Introduction

As required under Title V of the Clean

Air Act (‘‘the Act’’) as amended (1990),

EPA has promulgated rules which

define the minimum elements of an

approvable state operating permits

program and the corresponding

standards and procedures by which the

EPA will approve, oversee, and

withdraw approval of state operating

permits programs (see 57 FR 32250 (July

21, 1992)). These rules are codified at 40

Code of Federal Regulations (CFR) Part

70. Title V requires states to develop,

and submit to EPA, programs for issuing

these operating permits to all major

stationary sources and to certain other

sources.

The Act requires that states develop

and submit these programs to EPA by

November 15, 1993, and that EPA act to

approve or disapprove each program

within one year after receiving the

submittal. The EPA’s program review

occurs pursuant to section 502 of the

Act which outlines criteria for approval

or disapproval. Where a program

substantially, but not fully, meets the

requirements of Part 70, EPA may grant

the program interim approval for a

period of up to two years. If EPA has not

fully approved a program by two years

after the November 15, 1993, date, or by

the end of an interim program, it must

establish and implement a Federal

program.

II. Proposed Action and Implications

A. Analysis of Submission by State and

Local Authority

Introduction. What follows are brief

explanations indicating how the

submittals meet the requirements of Part

70. The reader may consult the

Technical Support Document (TSD) for

a more detailed explanation of these

topics.

1. Support Materials

(1) Governor’s Letter. The state of

Nebraska has requested approval of its

Title V program. Additionally, the state

designated its two local agencies to

administer independent Title V

programs and have requested approval

on their behalf. Thus, this action also

applies to the city of Omaha’s Title V

program. The Lincoln-Lancaster County

Health Department (LLCHD) is

addressed in a separate rulemaking

action. The entire geography of

Nebraska will be covered by either the

state or an approved local program. The

EPA will retain responsibility for the

Title V program on tribal lands in

Nebraska. These actions fulfill the

requirements of part 70.4(b).

(2) Regulations. The basic regulatory

framework for the operating permit

program is Title 129 Nebraska Air

Quality Regulations. The state’s

submittal includes a demonstration of

the public review and hearing process

involved with the adoption of Title 129.

The city of Omaha has adopted these

regulations by reference and provided

adequate demonstration of the required

legal authority and public review

process. Both programs also use the

Nebraska Environmental Protection Act

and Title 115 Rules of Practice and

Procedure.

The initial submittal contained an

inadequate definition of ‘‘applicable

requirements’’ that limited the ability to

include all requirements in the

operating permit. This is because the

initial definition stated that ‘‘applicable

requirements’’ were only those adopted

by the state’s Environmental Quality

Council. However, in response to EPA

comments, the state modified the

regulations in December 1994, so that

Nebraska can require that all

‘‘applicable requirements’’ of the Clean

Air Act will be addressed in the permit

process.

As a result, the submittal (as

modified) does not identify any

regulatory provisions which would

restrict operation of the program.

(3) Attorney General’s Legal Opinion.

The opinion contains the elements

required by 40 CFR 70.4(b)(3) and

demonstrates that there is adequate

authority to meet all Title V

requirements. The city of Omaha’s legal

opinion incorporates the state’s by

reference and also provides adequate

legal authority.

2. Implementation

(1) Program Description. A

comprehensive plan for implementing

the Title V program was included in

each submittal that meets the

requirements of 40 CFR 70.4(b)(1). Each

plan identifies appropriate program

authority, agency organization, and

staffing. A combination of

approximately 244 major sources have

been identified that will require a Title

V permit within both programs’

jurisdictions.

These programs have also identified

adequate procedures for the permit

application and review process,

including inspection and enforcement

provisions. The EPA has determined the

outlined processes are sufficient to

ensure effective implementation of the

program. An implementation agreement

was not included in either submittal,

but the EPA is encouraging its

development in anticipation of program

approval.

With respect to the operating permit

fee, the city of Omaha has selected the

presumptive minimum plus consumer

price index (CPI), currently $30.07. The

state has selected a fee above this

amount at $30.69. These fees will be

discussed further under the fee

demonstration section (II., 3.). Both

programs will maintain a Class II

program for minor, non-Title V sources.

(2) Program Implementation. Each

program is establishing a permit registry

to ensure issuing one-third of all

permits in the first year of the program.

This registry also includes a provision

to review permit applications within

nine months of receipt for those sources