13046 Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Rules and Regulations

enforce the rule; state statutes,

regulations, and other provisions that

contain the appropriate authority to

implement and enforce the rule, a

demonstration of adequate resources, a

schedule demonstrating expeditious

implementation of the rule, and a plan

that assures expeditious compliance by

all sources subject to the rule. Utah,

concurrently with its request for

delegation, submitted documentation

demonstrating it meets the criteria

necessary for granting approval.

As required by 40 CFR 63.91(a)(2), the

EPA is seeking public comments for 30

days. The comments shall be submitted

concurrently to the State of Utah and to

EPA. The State of Utah can then submit

a response to the comments to EPA.

EPA is approving the State of Utah’s

request for delegation as a direct final

rule without prior proposal because

EPA views this as a noncontroversial

action and anticipates no adverse

comments. If no adverse comments are

received in response to this rule, this

Federal Register notice will serve as the

final notice of the approval to delegate

the implementation and enforcement of

this program. The effective date will be

60 days from the date of this publication

and no further activity will be

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direct final rule will be withdrawn and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 the accompanying proposed

rule which appears in the Proposed

Rule Section of this Federal Register.

However, 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.

Final Action

Through review of the documentation

submitted to EPA and knowledge of

Utah’s implementation activities for

these standards, EPA has determined

that the State of Utah meets all of the

statutory and regulatory requirements

established by Section 112 of the Clean

Air Act, as amended in 1990, and 40

CFR Part 63 for the implementation and

enforcement of the National Emission

Standards for Coke Oven Batteries.

Therefore, pursuant to Section 112(l) of

the Clean Air Act, as amended in 1990,

42 U.S.C. 7412(l), and 40 CFR Part 63,

EPA hereby delegates its authority to the

State of Utah for the implementation

and enforcement of the National

Emission Standards for Coke Oven

Batteries for all sources located, or to be

located in the State of Utah.

Please note that not all authorities for

the NESHAP can be delegated to the

state. The EPA Administrator retains

authority to implement those portions of

the national emission standards and

their general provisions that require

approval of equivalency determinations

and alternative test methods, decisionmaking to ensure national consistency,

and EPA rulemaking to implement.

Sections not delegable include, but are

not limited, to the authorities listed as

not delegable in 40 CFR part 63, subpart

L, under Delegation of Authority.

As these National Emission Standards

for Coke Oven Batteries are updated,

Utah should revise its rules and

regulations accordingly and in a timely

manner.

EPA retains concurrent enforcement

authority. If at any time there is a

conflict between the state and federal

regulations, the federal regulations must

be applied if they are more stringent

than the state regulations.

Effective May 9, 1995 all notices,

reports, and other correspondence

required under 40 CFR part 63, subpart

L, should be sent to the State of Utah

rather than to EPA Region VIII, Denver,

Colorado.

List of Subjects in 40 CFR Part 63

Environmental protection, Air

pollution control, Hazardous

substances, Intergovernmental relations.

Authority: 42 U.S.C. 7412.

Dated: February 23, 1995.

Kerrigan Clough,

Acting Regional Administrator, Region VIII.

[FR Doc. 95–5978 Filed 3–9–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 70

[NM002; FRL–5169–6]

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: Informational notice.

SUMMARY: The EPA published without

prior proposal a Federal Register (FR)

notice 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 purpose of complying with the

Federal requirements of an approved

program to issue operating permits to all

major stationary sources, and to certain

other sources with the exception of

Indian Lands. This submittal for the

operating permits program was made by

the City of Albuquerque on April 4,

1994. EPA’s direct final approval was

published on January 10, 1995 (60 FR

2527).

The EPA subsequently received

comments from the American Forest

and Paper Association (AF&PA) on the

action. Two comments were received

from this commenter: one with respect

to the definition of ‘‘Title I

modification’’ and the other regarding

the implementation of section 112(g). A

letter from National Environmental

Development Association/Clean Air

Regulatory Project was received by the

EPA approximately two weeks after the

close of the public comment period.

That letter set out the same comments

expressed by the AF&PA, and will be

added to the EPA’s docket for the

approval of the Albuquerque Operating

Permits Program although not discussed

further in this notice.

With respect to the definition of Title

I modification, the AF&PA noted that

the Albuquerque definition of ‘‘Title I

modification’’ does not include changes

reviewed under a minor source

preconstruction review program

(‘‘minor NSR changes’’). AF&PA stated

its belief that this was consistent with

the relatively narrow definition of Title

I modification which AF&PA believed is

contained in the current Part 70 rules.

The AF&PA also noted that EPA has

recently proposed changing its current

definition of ‘‘Title I modification’’ to

expressly include virtually any change

that constitutes a modification under

any provision of Title I of the Act. 59

FR 44572 (August 29, 1994). The

AF&PA noted that EPA in prior months

had conditioned either interim or full

approval of several States’ operating

permit programs on the adoption of

such a definition, which is broader than

that contained in the Albuquerque

Operating Permits Program. However,

the AF&PA noted that EPA was now

taking no position on the Albuquerque

Operating Permits Program definition of

‘‘Title I modification’’ as grounds for

either interim approval or disapproval

of the program. The AF&PA in its

comments stated that it supports this

new approach by EPA of not taking a

position on Albuquerque’s narrower

definition.

Because this comment is not adverse

to the position taken by EPA in its

Direct Final Rule approving the

Albuquerque Operating Permits

Program, it does not require the

withdrawal of the Direct Final Rule
Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Rules and Regulations 13047

1Section 112(g) of the Clean Air Act requires the

case-by-case establishment of Maximum Achievable

Control Technology standards for any ‘‘modified’’

major sources of hazardous air pollutant emissions.

The source is ‘‘modified’’ whenever a ‘‘physical

change or change in the method of operation’’

results in a greater than de minimis increase in

actual emissions of hazardous air pollutants, unless

that increase will be offset by an equal or greater

decrease in the quantity of emissions of another

hazardous air pollutant (or pollutants) from such

source which is deemed more hazardous. 42 U.S.C.

§ 7412(g)(1)(A).

promulgating interim approval of the

City’s Program.

In its comment involving the

implementation of Federal Clean Air

Act section 112(g), the AF&PA objected

to EPA’s proposed approval of

Albuquerque’s stated intention to use its

preconstruction permit process to

implement the section 112(g)

requirements of its operating permits

program prior to the promulgation of a

final Federal 112(g) rule. The AF&PA

acknowledged that, based on comments

submitted by AF&PA and others, the

EPA might revise its position that

section 112(g) requirements take effect

upon approval of a State’s Title V

program, and instead allow States to

defer implementing the modification

provisions of section 112(g) until

sometime after the final Federal rule is

promulgated, an action which AF&PA

stated it believes would be appropriate 1.

On February 8, 1995, the

Administrator of EPA signed an

interpretive notice which was published

at 60 FR 83333 (February 14, 1995),

delaying the implementation of section

112(g) for both new and existing

sources. This delay of implementation

of section 112(g) renders AF&PA’s

comment moot.

Accordingly, the direct final interim

approval of the Albuquerque Operating

Permits Program will not be withdrawn

and will remain final as published

January 10, 1995 (60 FR 2527).

EFFECTIVE DATE: Will be effective on

March 13, 1995 as published in 60 FR

2527.

FOR FURTHER INFORMATION CONTACT: Ms.

Adele D. Cardenas, New Source Review

Section (6T-AN), Environmental

Protection Agency, Region 6, 1445 Ross

Avenue, suite 700, Dallas, Texas 75202–

2733, telephone (214) 665–7210.

List of Subjects in 40 CFR Part 70

Environmental protection,

Administrative practice and procedures,

Intergovernmental relations, Operating

permits.

Authority: 42 U.S.C. 7401, et seq.

Therefore, the final rule appearing at

60 FR 2527, January 10, 1995, remains

as published and will be effective March

13, 1995.

Dated: March 3, 1995.

Jane N. Saginaw,

Regional Administrator (6A).

[FR Doc. 95–5982 Filed 3–9–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 372

[OPPTS–400082B; FRL–4929–2]

Toxic Chemical Release Reporting;

Community Right-to-Know; Technical

Amendment

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Technical amendment.

SUMMARY: This document corrects seven

errors and clarifies one listing in the

final rule published in the Federal

Register of November 30, 1994, in

which EPA promulgated the addition of

286 chemicals and chemical categories

to section 313 of the Emergency

Planning and Community Right-toKnow Act (EPCRA) of 1986. Five of the

errors are typographical errors, two for

the Chemical Abstracts Service (CAS)

registry numbers for isophorone

diisocyanate and metribuzin and three

for the spelling of the chemical names

for acifluorfen, sodium salt, dicamba,

and 4-methyldiphenylmethane-3,4-

diisocyanate. The sixth correction is to

remove the listing for flumetralin,

which the Agency has deferred for

listing, from the CAS order list in the

regulations. The seventh correction is an

editing error in the chemical formula for

the polychlorinated alkanes category. In

addition, EPA is clarifying the listing for

the polychlorinated alkanes category.

This document corrects these errors and

makes the above referenced

clarification.

EFFECTIVE DATE: This document is

effective March 10, 1995.

FOR FURTHER INFORMATION CONTACT:

Maria J. Doa, Project Manager, 202–260–

9592 for specific information on this

document. For general information on

EPCRA contact the Emergency Planning

and Community Right-to-Know

Information Hotline, Environmental

Protection Agency, Mail Stop 5101, 401

M St., SW., Washington, DC 20460, Toll

free: 800–535–0202, Toll free TDD: 800–

553–7672.

SUPPLEMENTARY INFORMATION:

I. CAS Number Corrections

In the Federal Register of November

30, 1994 (59 FR 61432), EPA issued the

final rule adding chemicals to the

Emergency Planning and Community

Right-to-Know Act (EPCRA) section 313

list of toxic chemicals. The Chemical

Abstract Service (CAS) number for

isophorone diisocyanate was incorrectly

published as ‘‘004098–71–0’’ in the

preamble on: (1) Page 61436, second

column of the table, seventh entry, (2)

page 61454, second column, eighth line

from the bottom, and (3) in the

regulatory text, § 372.65(c), on page

61484, 11th entry under the

diisocyanates category. The correct CAS

number for isophorone diisocyanate is

‘‘004098–71–9’’. In addition, the CAS

number for metribuzin was incorrectly

published in the preamble as ‘‘021087–

64–5’’ on page 61437, second column of

the table, 26th entry, and in the

regulatory text, § 372.65(a), as ‘‘21087–

64–5’’ on page 61477, second column of

the table, ninth entry, and page 61483,

first column of the table, 26th entry. The

correct CAS number is ‘‘21087–64–9’’.

The chemical name for acifluorfen,

sodium salt was spelled incorrectly in

the preamble as ‘‘[5-(2-Chloro-4-

(triflouromethyl)phenoxy)-2-

nitrobenzoic acid, sodium salt]’’ on: (1)

Page 61434, first column of the table,

third entry, and (2) in the regulatory

text, § 372.65(a), page 61473, first

column of the table, third entry, and

§ 372.65(b), page 61484, second column

of the table, 12th entry. The correct

spelling is ‘‘acifluorfen, sodium salt [5-

(2-Chloro-4-(trifluoromethyl)phenoxy)-

2-nitrobenzoic acid, sodium salt]’’.

The chemical name for dicamba was

incorrectly spelled in the preamble as

‘‘(3,6-Dichloro-2-methyoxybenzoic

acid)’’ on: (1) Page 61435, first column

of the table, 38th entry, and (2) in the

regulatory text, § 372.65(a), page 61475,

first column of the table, 12th entry, and

§ 372.65(b), page 61482, second column

of the table, 13th entry. The correct

spelling is ‘‘dicamba (3,6-Dichloro-2-

methoxybenzoic acid)’’.

In the regulatory text, § 372.65(c),

page 61484, first column, the 12th entry

under the diisocyanates category was

incorrectly listed as ‘‘4-

methyldiphenylmethane-3,4-

diisocyante’’. The correct spelling is ‘‘4-

methyldiphenylmethane-3,4-

diisocyanate’’.

II. Chemical Listing Corrections and

Clarification

Also in the Federal Register of

November 30, 1994 (59 FR 61432), the

chemical flumetralin was listed in the

regulatory text, § 372.65(b), on page

61484. EPA did not finalize the addition

of flumetralin in this rulemaking and it

should not be listed in the regulations.

Therefore, EPA is removing the entry for

flumetralin from § 372.65(b). EPA has

deferred final action on the listing of

flumetralin under EPCRA section 313

until a later date (see 59 FR 61439).