Federal Register / Vol. 60, No. 6 / Tuesday, January 10, 1995 / Proposed Rules 2569

reporting requirements, contained in

Title 326 IAC 8–1–2, do not provide for

adequate enforcement of the graphic arts

rule. Region 5 has provided the Indiana

Department of Environmental

Management with a copy of the June

1992 Model VOC Rules. The following

deficiencies must be corrected in order

for USEPA to take final action

approving the rule:

1. General

(a) The monitoring, recordkeeping

and reporting (MRR) requirements must

be made more comprehensive to include

more than: (1) Daily volume-weighted

averages of all coatings applied in a

coating or printing line; and (2) records

of daily usage of gallons of solids

coating and VOC content of each coating

or ink solvent. For instance, when a

source does not comply with daily

weighted averaging (i.e., when the

source complies with ‘‘complying

coatings or inks’’ such as low VOC

coating), then daily recordkeeping must

be kept which specifies both the VOC

content and the ink or coating

identification. Alternatively, when a

source complies by using control

devices, then records of monitoring

parameters and other information must

also be kept (See (B) Sources Using

Control Devices, below; See also, June

1992 Model VOC Rules).

(b) The MRR requirements, should

specify a period of time (i.e., 5 years)

during which records shall be

maintained at the facility. The rules

only require that: (1) The owner/

operator ‘‘keep records to demonstrate

compliance with the permit or

document restrictions’’ (326 IAC 8–1–1);

and (2) ‘‘records * * * shall be made

available upon request’’ (326 IAC 8–1–

2).

2. Sources Using Control Devices

The Indiana recordkeeping/reporting

rules do not contain the requirement for

the recordkeeping or reporting of new or

existing control devices. Records and

reports that should be maintained

include monitoring data, calibration and

maintenance logs, and logs of operating

time. Indiana rule 326 IAC 8–1–2(7)

only requires the maintenance of

records of daily usage of gallons of

solids coating, VOC content of each

coating or ink solvent, and daily

emissions in pounds of VOC (See June

1992 Model VOC Rules).

3. Exempt Sources

The Indiana rules do not require the

maintenance of records and reports for

exempt sources such as: Information

pertaining to the initial certification,

calculations demonstrating that total

potential emissions of VOC from all

flexographic and rotogravure printing

presses at the facility will be less than

the required limits for each year, the

maintenance of records for a period of

5 years, and the requirement that any

exceedances will be reported to the

Administrator within 30 days after the

exceedance occurs (See Model VOC

Rules). Exempt sources should

calculate: (1) Yearly potential emissions,

(2) yearly actual emissions, and (3) the

name, identification, VOC content, and

yearly volume of coatings/inks.

Based on EPA’s preliminary analysis

that the State’s submittal was

unapprovable, Indiana submitted to

USEPA, a letter dated December 14,

1994, committing to the necessary rule

revision. In accordance with an attached

schedule, Indiana expects a final rule to

be adopted and submitted to USEPA by

January 1996.

III. Proposed Rulemaking Action and

Solicitation of Public Comment

The USEPA has reviewed the Indiana

graphic arts rule against the June 1992

Model Rule and is proposing a

conditional approval because the State

has committed to correct the rule so that

it fully comports with the Federal

requirements described above. Upon a

final conditional approval by USEPA, if

the State ultimately fails to meet its

commitment to correct the deficiency,

noted herein, by January 31, 1996, the

date the State committed to in its

commitment letter, then USEPA’s action

for the State’s requested SIP revision

will automatically convert to a final

disapproval.

Public comments are solicited on the

requested SIP revision and on USEPA’s

proposed conditional approval. Public

comments received by February 9, 1995

will be considered in the development

of USEPA’s final rulemaking action.

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 Office of

Management and Budget (OMB) has

exempted this regulatory action from

Executive Order 12866 review.

Nothing in this action should be

construed as permitting, allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to any SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., USEPA 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, USEPA 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-forprofit 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 Act 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

Act, preparation of a regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of State action. The Act

forbids USEPA 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

Environmental protection, Air

pollution control, Hydrocarbons,

Volatile organic compounds.

Authority: 42 U.S.C. 7401–7671q.

Dated: December 29, 1994.

Valdas V. Adamkus,

Regional Administrator.

[FR Doc. 95–550 Filed 1–9–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 70

[FRL–5136–6]

Operating Permits Program Rule

Revisions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Extension of comment period

for proposal to revise the operating

permits program regulations.

SUMMARY: On August 29, 1994, EPA

proposed in the Federal Register (59 FR

44460) revisions to the operating

permits regulations in part 70 of chapter

I of title 40 of the Code of Federal

Regulations. The comment period

provided in that notice was 90 days,

closing on November 28, 1994. On

November 21, 1994, a Federal Register

notice was published (59 FR 59974)
2570 Federal Register / Vol. 60, No. 6 / Tuesday, January 10, 1995 / Proposed Rules

extending that comment period an

additional 45 days until January 12,

1995. Today’s action extends that

comment period an additional 19 days

until January 31, 1995.

DATES: Comments must be received by

January 31, 1995.

ADDRESSES: Comments must be mailed

(in duplicate if possible) to: EPA Air

Docket (LE–131), Attn: Docket No. A–

93–50, room M–1500, Waterside Mall,

401 M Street SW, Washington, DC

20460.

FOR FURTHER INFORMATION CONTACT:

Michael Trutna (telephone 919/541–

5345), mail drop 12, United States

Environmental Protection Agency,

Office of Air Quality Planning and

Standards, Information Transfer and

Program Integration Division, Research

Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION: Part 70

contains regulations requiring States to

develop, and submit to EPA for

approval, programs for issuing operating

permits to major, and certain other,

stationary sources of air pollution. The

minimum elements of operating permits

programs are contained in part 70 which

was promulgated on July 21, 1992 (57

FR 32250).

Subsequent to promulgation of part

70, nearly 20 entities, including State

and local governments, environmental

groups, and industry associations,

petitioned for judicial review of the part

70 regulations. One of the key aspects of

the litigation and of an operating

permits program is the system for

revising permits to incorporate changes

at permitted sources.

Because of the complexity of the

proposed revisions, potential

commenters asserted that the 90-day

comment period provided was not long

enough to prepare comprehensive

comments on the permit revision system

as well as all the other proposed

revisions. The comment period was

subsequently extended an additional 45

days to allow time for preparation of

comments, primarily on how to fashion

a more workable permit revision system.

Several requests for an additional

extension of the comment period on the

proposal notice have been received to

allow completion of comment

preparation. An additional 19 days is

therefore being provided for

development and submittal of

comments.

Dated: December 28, 1994.

Mary Nichols,

Assistant Administrator for Air and

Radiation.

[FR Doc. 95–549 Filed 1–9–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 70

[AD–FRL–5135–9]

Clean Air Act Interim Approval of

Operating Permits Program; City of

Albuquerque/Bernalillo County

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes interim

approval of the Operating Permits

Program submitted by the City of

Albuquerque/Bernalillo County. The

City of Albuquerque/Bernalillo County’s

Operating Permits Program was

submitted 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. In the final

rules section of this Federal Register,

the EPA is promulgating interim

approval of the City of Albuquerque/

Bernalillo County’s Operating Permits

Program as a direct final rule without

prior proposal because the Agency

views this submittal 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 this proposed rule, no

further activity is contemplated in

relation to this rule. If the EPA receives

adverse comments, then the direct final

will be withdrawn and all public

comments 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 document should

do so at this time.

DATES: Comments on this proposed

action must be received in writing by

February 9, 1995.

ADDRESSES: Copies of the City/County’s

submittal and other supporting

information used in developing the final

rule are available for inspection during

normal business hours at the following

locations. Interested persons wanting to

examine these documents should make

an appointment with the appropriate

office at least 24 hours before visiting

day.

Environmental Protection Agency,

Region 6, Air Programs Branch (6T–

AN), 1445 Ross Avenue, suite 700,

Dallas, Texas 75202–2733.

City of Albuquerque/Bernalillo

County, Environmental Health

Department, One Civic Plaza, NW.,

room 3023, Albuquerque, New Mexico,

87103.

FOR FURTHER INFORMATION CONTACT:

Adele D. Cardenas, New Source Review

Section, Environmental Protection

Agency, Region 6, 1445 Ross Avenue,

suite 700, Dallas, Texas 75202–2733,

telephone (214) 665–7210.

SUPPLEMENTARY INFORMATION: See the

information provided in the direct final

rule of the same title which is located

in the Rules section of this Federal

Register.

Authority: 42 U.S.C. 7401–76719.

Dated: December 23, 1994.

A. Stanley Meiburg,

Acting Regional Administrator (6A).

[FR Doc. 95–548 Filed 1–9–95; 8:45 am]

BILLING CODE 6560–50–P