13908 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Rules and Regulations

constituting a portion of Chapter XVI of

Title 32 of the Code of Federal

Regulations, are hereby amended, as

stated below.

List of Subjects in 32 CFR Part 1636

Armed Forces—draft.

Dated: March 7, 1995.

Gil Coronado,

Director of Selective Service.

For the reasons set out in the

preamble, 32 CFR Part 1636 is amended

as follows:

PART 1636—CLASSIFICATION OF

CONSCIENTIOUS OBJECTORS

1. The authority citation for part 1636

continues to read as follows:

Authority: Military Selective Service Act

(50 App. U.S.C. 451 et seq.); E.O. 11623.

2. In § 1636.8, paragraph (b) is revised

to read as follows:

§ 1636.8 Considerations relevant to

granting or denying a claim for

classification as a conscientious objector.

* * * * *

(b) The registrant’s stated convictions

should be a matter of conscience.

* * * * *

[FR Doc. 95–6288 Filed 3–14–95; 8:45 am]

BILLING CODE 8015–01–M

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

36 CFR Part 1230

[3095–AA22]

Micrographic Records Management

AGENCY: National Archives and Records

Administration.

ACTION: Correcting amendments.

SUMMARY: This document contains

corrections to the final regulations

which were published Wednesday,

September 22, 1993 (58 FR 49195). The

regulations related to micrographic

records management including

standards for microfilming records in 36

CFR 1230.12(d)(1)(i).

EFFECTIVE DATE: March 15, 1995.

FOR FURTHER INFORMATION CONTACT:

Mary Ann Hadyka or Nancy Allard on

301–713–6730.

SUPPLEMENTARY INFORMATION:

Background

The final regulations that are the

subject of these corrections established

Federal agency micrographic program

responsibilities, revised micrographic

standards, modified coverage of

temporary records, and clarified

inspection provisions. The regulations

affected Federal agencies.

Need for Corrections

The final regulation intended to revise

the title of the Part from

‘‘Micrographics’’ to ‘‘Micrographic

Records Management’’ to better reflect

the subject matter; due to a technical

drafting error, the change in title was

not made although the final rule

displayed the revised title. In

§ 1230.12(d)(1)(i), a typographical error

was made in the ANSI/AIIM standard

referenced of aperture card formats.

List of Subjects in 36 CFR Part 1230

Archives and records, Incorporation

by reference, Micrographics.

PART 1230—MICROGRAPHICS

Accordingly, 36 CFR 1230 is corrected

by making the following correcting

amendments:

1. The authority citation for part 1230

continues to read:

Authority: 44 U.S.C. 2907, 3302, and 3312.

2. The title of Part 1230 is revised to

read:

PART 1230—MICROGRAPHIC

RECORDS MANAGEMENT

§ 1230.12 [Corrected]

3. In § 1230.12(d)(1)(i), in the fourth

sentence, the phrase ‘‘ANSI/AIIM

MS19–1987’’ is revised to read ‘‘ANSI/

AIIM MS32–1987’’.

Dated: March 9, 1995.

Mary Ann Hadyka,

Federal Register Liaison.

[FR Doc. 95–6360 Filed 3–14–95; 8:45 am]

BILLING CODE 7515–01–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[LA–10–1–5937a; FRL–5172–2]

Approval and Promulgation of

Implementation Plan: Louisiana 1990

Base Year Ozone Emissions

Inventories

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA today fully approves

the 1990 base year ozone emission

inventories submitted by Louisiana for

the purpose of bringing about the

attainment of the national ambient air

quality standard (NAAQS) for ozone.

The inventories were submitted by the

State to satisfy certain Federal

requirements for an approvable

nonattainment area (NAA) ozone State

Implementation Plan (SIP) for the Baton

Rouge and Calcasieu Parish areas of

Louisiana.

DATES: This action will become effective

on May 15, 1995, unless adverse or

critical comments are received by April

14, 1995. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Copies of the documents

relevant to this action are available for

public 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 the

visiting day.

U.S. Environmental Protection Agency,

Region 6, Air Programs Branch (6T–

A), 1445 Ross Avenue, suite 700,

Dallas, Texas 75202–2733.

U.S. Environmental Protection Agency,

Air and Radiation Docket and

Information Center, 401 M Street,

SW., Washington, DC 20460.

Louisiana Department of Environmental

Quality, Air Quality Division, 7290

Bluebonnet, Baton Rouge, Louisiana

70810.

FOR FURTHER INFORMATION CONTACT:

Herbert R. Sherrow, Jr., Planning

Section (6T–AP), Air Programs Branch,

USEPA Region 6, 1445 Ross Avenue,

Dallas, Texas 75202–2733, telephone

(214) 665–7237.

SUPPLEMENTARY INFORMATION:

Background

Under the 1990 Clean Air Act

Amendments (CAAA), States have the

responsibility to inventory emissions

contributing to NAAQS nonattainment,

to track these emissions over time, and

to ensure that control strategies are

being implemented that reduce

emissions and move areas towards

attainment. The CAAA require ozone

nonattainment areas designated as

moderate, serious, severe, and extreme

to submit a plan within three years of

1990 to reduce volatile organic

compounds (VOC) emissions by 15

percent within six years after 1990. The

baseline level of emissions, from which

the 15 percent reduction is calculated,

is determined by adjusting the base year

inventory to exclude biogenic emissions

and to exclude certain emission

reductions not creditable towards the 15

percent. The 1990 base year emissions

inventory is the primary inventory from

which the periodic inventory, the

Reasonable Further Progress projection

inventory, and the modeling inventory
Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Rules and Regulations 13909

1Memorandum from J. David Mobley, Chief,

Emission Inventory Branch, to Air Branch Chiefs,

Region I–X, ‘‘Guidance on States’ Failure to Submit

Ozone and CO SIP Inventories,’’ November 12,

1992.

2Also section 172(c)(7) of the Act requires that

plan provisions for nonattainment areas meet the

applicable provisions of section 110(a)(2).

3Memorandum from John Calcagni, Director, Air

Quality Management Division, and William G.

Laxton, Director, Technical Support Division, to

Regional Air Division Directors, Region I–X,

‘‘Public Hearing Requirements for 1990 Base-Year

Emission Inventories for Ozone and Carbon

Monoxide Nonattainment Areas,’’ September 29,

1992.

4Memorandum from John Calcagni, Director, Air

Quality Management Division, to Regional Air

Division Directors, Regions I–X, ‘‘State

Implementation Plan (SIP) Actions Submitted in

Response to Clean Air Act (ACT) Deadlines,’’

October 28, 1992.

are derived. Further information on

these inventories and their purpose can

be found in the ‘‘Emission Inventory

Requirements for Ozone State

Implementation Plans,’’ U.S.

Environmental Protection Agency,

Office of Air Quality Planning and

Standards, Research Triangle Park,

North Carolina, March 1991. The base

year inventory plays an important role

in modeling demonstrations for areas

classified as moderate and above

outside transport regions.

The air quality planning requirements

for marginal to extreme ozone

nonattainment areas are set out in

section 182(a)–(e) of title I of the CAAA.

The EPA has issued a General Preamble

describing the EPA’s preliminary views

on how the EPA intends to review SIP

revisions submitted under title I,

including requirements for the

preparation of the 1990 base year

inventory (see 57 FR 13502; April 16,

1992, and 57 FR 18070; April 28, 1992).

Because the EPA is describing its

interpretations here only in broad terms,

the reader should refer to the General

Preamble (57 FR 18070, Appendix B,

April 28, 1992) for a more detailed

discussion of the interpretations of title

I advanced in today’s action and the

supporting rationale.

Those States containing ozone

nonattainment areas classified as

marginal to extreme are required under

section 182(a)(1) of the 1990 CAAA to

submit a final, comprehensive, accurate,

and current inventory of actual ozone

season, weekday emissions from all

sources by November 15, 1992. This

inventory is for calendar year 1990 and

is denoted as the base year inventory. It

includes both anthropogenic and

biogenic sources of VOC, nitrogen

oxides (NOX), and carbon monoxide

(CO). The inventory is to address actual

VOC, NOX, and CO emissions for the

area during a peak ozone season, which

is generally comprised of the summer

months. All stationary point and area

sources, as well as highway mobile

sources within the nonattainment area,

are to be included in the compilation.

Available guidance for preparing

emission inventories is provided in the

General Preamble (57 FR 13498, April

16, 1992).

Emission inventories are first

reviewed under the completeness

criteria established under section

110(k)(1) of the CAAA (56 FR 42216,

August 26, 1991). According to section

110(k)(1)(C), if a submittal does not

meet the completeness criteria, ‘‘the

State shall be treated as not having

made the submission.’’ Under sections

179(a)(1) and 110(c)(1), a finding by the

EPA that a submittal is incomplete is

one of the actions that initiates the

sanctions and Federal Implementation

Plan processes (see David Mobley

memorandum, November 12, 1992).1

Analysis of State Submission

1. Procedural Background

The Act requires States to observe

certain procedural requirements in

developing emission inventory

submissions to the EPA. Section

110(a)(2) of the Act provides that each

emission inventory submitted by a State

must be adopted after reasonable notice

and public hearing.2 Final approval of

the inventory will not occur until the

State revises the inventory to address

public comments. Changes to the

inventory that impact the 15 percent

reduction calculation and require a

revised control strategy will constitute a

SIP revision. The EPA created a ‘‘de

minimis’’ exception to the public

hearing requirement for minor changes.

The EPA defines ‘‘de minimis’’ for such

purposes to be those in which the 15

percent reduction calculation and the

associated control strategy or the

maintenance plan showing do not

change. States will aggregate all such

‘‘de minimis’’ changes together when

making the determination as to whether

the change constitutes a SIP revision.

The State will need to make the change

through a formal SIP revision process,

in conjunction with the change to the

control measure or other SIP programs.3

Section 110(a)(2) of the Act similarly

provides that each revision to an

implementation plan submitted by a

State under the Act must be adopted by

such State after reasonable notice and

public hearing.

The State of Louisiana submitted the

1990 base year inventories for Baton

Rouge (BTR) and Calcasieu Parish (CAL)

on November 16, 1992, as a SIP revision

by cover letter from the Governor. The

inventories were reviewed by the EPA

to determine completeness shortly after

their submittal, in accordance with the

completeness criteria set out at 40 CFR

part 51, appendix V (1991), as amended

by 57 FR 42216 (August 26, 1991). The

inventories were complete except for

public hearings. The EPA determined

that for inventories that were lacking

only public hearings a finding of

completeness would be made,

contingent upon the State fulfilling the

public hearing requirement.4 The

submittal was found to be complete

contingent upon the State fulfilling the

public hearing requirment, and a letter

dated January 15, 1993, was forwarded

to the Governor indicating the

completeness of the submittal and the

next steps to be taken in the review

process.

The State of Louisiana subsequently

held public hearings on October 22,

1993, to entertain public comment on

the 1990 base year emission inventories.

The State provided evidence to EPA

Region 6 that the public hearings were

held and that the State responded to

comments.

EPA Region 6, EPA’s Office of Air

Quality Planning and Standards

(OAQPS) Emissions Inventory Branch

(EIB), EPA’s Office of Mobile Sources

(OMS), and Midwest Research Institute,

contractor to EIB, reviewed the

inventories. Comments were sent to

Louisiana, and the State responded with

a resubmittal. The resubmittal

underwent a second review. The Level

III review comments were sent to

Louisiana on December 21, 1993.

The State addressed the final Level III

comments and submitted responses to

Region 6 on January 28, 1994. The State

submitted the final revised inventory to

Region 6 on September 27, 1994. In

addition, the State of Louisiana held

additional public hearings on the final

revised inventory on October 28, 1994,

to accept public comments. The State

provided evidence to EPA Region 6 that

the public hearings were held and that

the State responded to comments.

Region 6 compared the Louisiana

responses with the deficiencies noted in

the final Level III review and concluded

that Louisiana had adequately

addressed the remaining deficiencies so

that Region 6 was satisfied that

Louisiana had completed the Level III

criteria for the BTR and CAL ozone

nonattainment areas.

2. Emission Inventory Review

Section 110(k) of the Act sets out

provisions governing the EPA’s review

of base year emission inventory

submittals in order to determine

approval or disapproval under section
13910 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Rules and Regulations

5Memorandum from J. David Mobley, Chief,

Emissions Inventory Branch, to Air Branch Chiefs,

Region I–X, ‘‘Final Emission Inventory Level III

Acceptance Criteria,’’ October 7, 1992.

6Memorandum from John S. Seitz, Director,

Office of Air Quality Planning and Standards, to

Regional Air Division Directors, Region I–X,

‘‘Emission Inventory Issues,’’ June 24, 1993.

182(a)(1) (see 57 FR 13565–13566, April

16, 1992). The EPA is proposing to grant

approval of the Louisiana ozone base

year emissions inventories based on the

Level I, II, and III review findings. This

section outlines the review procedures

performed to determine if the base year

emission inventory is acceptable or is

disapproved.

Today’s action describes the review

procedures associated with determining

the acceptability of a 1990 base year

emission inventory, and discusses the

levels of acceptance that can result from

the findings of the review process.

A. The Following Discussion Reviews

the State Base Year SIP Inventory

Approval Requirements

The Level I and II review process is

used to determine that all components

of the base year inventory are present.

The review also evaluates the level of

supporting documentation provided by

the State, and assesses whether the

emissions were developed according to

current EPA guidance.

The Level III review process outlined

below consists of 10 points that the

inventory must include. For a base year

emission inventory to be acceptable, it

must pass all of the following

acceptance criteria:

1. An approved Inventory Preparation Plan

(IPP) was provided, and the Quality

Assurance (QA) program contained in the

IPP was performed and its implementation

documented.

2. Adequate documentation was provided

that enabled the reviewer to determine the

emission estimation procedures and the

data sources used to develop the inventory.

3. The point source inventory must be

complete.

4. Point source emissions must have been

prepared or calculated according to the

current EPA guidance.

5. The area source inventory must be

complete.

6. The area source emissions must have been

prepared or calculated according to the

current EPA guidance.

7. Biogenic emissions must have been

prepared according to current EPA

guidance or another approved technique.

8. The method (e.g., Highway Performance

Monitoring System or a network

transportation planning model) used to

develop vehicle miles travelled (VMT)

estimates must follow EPA guidance,

which is detailed in the document,

‘‘Procedures for Emission Inventory

Preparation, Volume IV: Mobile Sources’’,

U.S. Environmental Protection Agency,

Office of Mobile Sources and Office of Air

Quality Planning and Standards, Ann

Arbor, Michigan, and Research Triangle

Park, North Carolina, December 1992.

9. The MOBILE model (or EMFAC model for

California only) was correctly used to

produce emission factors for each of the

vehicle classes.

10. Nonroad mobile emissions were prepared

according to current EPA guidance for all

of the source categories.

The base year emission inventory will

be approved if it passes Levels I, II, and

III of the review process. Detailed Level

I and II review procedures can be found

in the following document: ‘‘Quality

Review Guidelines for 1990 Base Year

Emission Inventories’’, U.S.

Environmental Protection Agency,

Office of Air Quality Planning and

Standards, Research Triangle Park,

North Carolina, July 27, 1992. Level III

review procedures are specified in a

memorandum from David Mobley and

G.T. Helms to the Regions, ‘‘1990 O3/CO

SIP Emission Inventory Level III

Acceptance Criteria’’, October 7, 1992, 5

and revised in a memorandum from

John Seitz to the Regional Air Directors

dated June 24, 1993.6

B. The following Is a Summary of the

Level III Review of the Louisiana 1990

Base Year Submittal

1. The IPP and QA plan were submitted and

approved. The QA plan was implemented

and documented in the submission.

2. The documentation was adequate for the

reviewer to determine the estimation

procedures and data sources used to

develop the inventory for all emission

types.

3. The point source inventory was found to

be complete.

4. The point source emissions were estimated

according to EPA guidance.

5. The area source inventory was found to be

complete.

6. The area source emissions were estimated

according to EPA guidance.

7. The biogenic emissions were developed

from a consultant’s site-specific study of

the BTR area and the emissions were

calculated using the EPA PC–BEIS model

for the CAL area.

8. The method used to develop VMT

estimates was adequately described and

documented.

9. The MOBILE model was used correctly.

10. The nonroad mobile emission estimates

were correctly prepared according to

current EPA guidance or acceptable

alternatives.

Documentation of the Region 6

evaluation, including details of the

review procedure, is contained in a

memorandum (Attachment A) in the

Technical Support Document (TSD). A

general summary of the inventories is

contained in Attachment B of the TSD.

Final Action

Louisiana has submitted complete

inventories containing point, area,

biogenic, on-road mobile, and non-road

mobile source data, and accompanying

documentation. Emissions from these

sources are presented in the following

table:

VOC

[Ozone Seasonal Emissions in Tons Per Day]

NAA Point source

emissions

Area source

emissions

On-road mobile

emissions

Non-road mobile

emissions Biogenic Total emissions

BTR 115.20 26.25 55.50 23.46 120.91 341.32

CAL 57.90 7.20 14.64 13.30 16.47 109.51
Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Rules and Regulations 13911

NOX

[Ozone Seasonal Emissions in Tons Per Day]

NAA Point source emissions

Area source emissionsOn-road mobile

emissions

Non-road mobile

emissions Biogenic Total emissions

BTR 234.68 0.78 71.70 38.40 NA 345.56

CAL 119.20 0.25 20.31 40.86 NA 180.62

CO

[Ozone Seasonal Emissions in Tons Per Day]

NAA Point source emissions

Area source emissionsOn-road mobile

emissions

Non-road mobile

emissions Biogenic Total emissions

BTR 282.91 2.30 434.50 193.02 NA 912.73

CAL 42.10 0.50 117.35 75.03 NA 234.98

Based on Region 6’s review of the

inventories, Louisiana has satisfied all

of the EPA’s requirements for providing

a comprehensive, accurate, and current

inventory of actual emissions in the

ozone nonattainment areas. These

inventories are complete and

approvable according to the criteria set

out in the November 12, 1992,

memorandum from J. David Mobley,

Chief Emission Inventory Branch, TSD

and G.T. Helms, Chief Ozone/Carbon

Monoxide Programs Branch, Air Quality

Management Division.

In today’s final action, the EPA is

fully approving the SIP 1990 base year

ozone emission inventories submitted

by Louisiana to the EPA on September

27, 1994, for the Baton Rouge and

Calcasieu Parish nonattainment areas as

meeting the requirements of section

182(a)(1) of the Act.

The EPA is publishing this action

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this FR publication, the

EPA is proposing to approve the SIP

revision should adverse comments be

received. Thus, this action will be

effective on May 15, 1995 unless, by

April 14, 1995 adverse or critical

comments are received.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent notice which will withdraw

the final action. All public comments

will then be addressed in a subsequent

final rule on this action serving as a

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. If no comments are

received, the public is advised that this

action will be effective May 15, 1995.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors, in relation to relevant statutory

and regulatory requirements.

Regulatory Flexibility

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., the 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, the 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.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air 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 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 the 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)).

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

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by May 15, 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

by challenged later in proceedings to

enforce its requirements (see section

307(b)(2)).

The Office of Management and Budget

has exempted this action from review

under Executive Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Intergovernmental

relations, Nitrogen dioxide, Reporting

and recordkeeping requirements,

Volatile organic compounds.

Dated: March 3, 1995.

Jane N. Saginaw,

Regional Administrator.

Part 52, 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 T—Louisiana

2. Section 52.993 is added to read as

follows:

§ 52.993 Emissions inventories.

(a) The Governor of the State of

Louisiana submitted the 1990 base year

emission inventories for the Baton

Rouge (BTR) and Calcasieu Parish (CAL)

ozone nonattainment areas on

November 16, 1992 as a revision to the

State Implementation Plan (SIP). The

1990 base year emission inventory

requirement of section 182(a)(1) of the

Clean Air Act, as amended in 1990, has

been satisfied for each of these areas.
13912 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Rules and Regulations

(b) The inventories are for the ozone

precursors which are volatile organic

compounds, nitrogen oxides, and

carbon monoxide. The inventories cover

point, area, non-road mobile, on-road

mobile, and biogenic sources.

(c) The BTR nonattainment area is

classified as Serious and includes

Ascension, East Baton Rouge, Iberville,

Livingston, Point Coupee, and West

Baton Rouge Parishes; the CAL

nonattainment area is classified as

Marginal and includes Calcasieu Parish.

[FR Doc. 95–6299 Filed 3–14–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 61

[FRL–5169–9]

Approval of Delegation of Authority;

National Emission Standards for

Hazardous Air Pollutants;

Radionuclides; Utah

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is granting delegation of

authority to the State of Utah to

implement and enforce five National

Emission Standards for Hazardous Air

Pollutants (NESHAP) for radionuclides.

The Governor of Utah requested

delegation from EPA Region VIII in a

letter dated June 4, 1993. EPA has

reviewed the application and has

reached a decision that the State of Utah

has satisfied all of the requirements

necessary to qualify for approval of

delegation. The effect of this action

allows the State of Utah to implement

and enforce specific radionuclide

NESHAP.

DATES: This action is effective May 15,

1995 unless adverse comments are

received by April 14, 1995. If the

effective date is delayed due to

comments, timely notice will be

published in the Federal Register.

ADDRESSES: Written comments should

be submitted to Patricia D. Hull,

Director, Air, Radiation & Toxics

Division, Environmental Protection

Agency, Region VIII, 999 18th Street,

Suite 500, Denver, Colorado 80202–

2466 and concurrently to Russell A.

Roberts, Director, Division of Air

Quality, Department of Environmental

Quality, 1950 West North Temple, Salt

Lake City, Utah 84114–4820. A docket

containing the State of Utah’s submittals

are available for public inspection

during normal business hours at the

above locations.

FOR FURTHER INFORMATION CONTACT: T.

Scott Whitmore at (303) 293–1758.

SUPPLEMENTARY INFORMATION:

Background

Due to the unique nature of

radionuclide materials, delegation of

authority to states to implement and

enforce a NESHAP program for

radionuclides has not been automatic.

EPA’s regional offices have traditionally

assumed the lead responsibility for

administering the radionuclides

NESHAP. Because of the EPA

Administrator’s commitment to enable

state and local governments, as partners,

to implement and enforce the

requirements of the Clean Air Act as

amended in 1990 (CAA), EPA wishes to

extend delegated authority for the

radionuclides program to the states.

The State of Utah received financial

assistance from EPA to develop the

radiation expertise and experience in

implementing and enforcing an effective

radionuclides NESHAP program. Under

a radionuclides NESHAP grant

workplan, the Department of

Environmental Quality, State of Utah,

has developed an approvable program

which includes the following regulatory

elements: emission limits, test methods,

reporting and monitoring requirements,

enforcement authority, surveillance and

public notification procedures.

Accordingly, the Governor of Utah

submitted a letter, dated June 4, 1993,

requesting delegation of authority to

implement and enforce the

radionuclides NESHAP, 40 CFR part 61,

subparts B, Q, R, T, and W.

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 document 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

EPA has reviewed the pertinent

statutes and regulations of the State of

Utah and the grant workplan

accomplishments and 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 for the

implementation and enforcement of the

radionuclides NESHAP. Therefore

pursuant to section 112(l) of the Clean

Air Act as amended in 1990, 42 U.S.C.

7412(l), and 40 CFR 63.91, EPA hereby

delegates its authority for the

implementation and enforcement of the

following National Emission Standards

for Radionuclides for all sources

located, or to be located in the State of

Utah:

(1) National Emission Standards for

Radon Emissions from Underground

Uranium Mines (40 CFR part 61, subpart

B),

(2) National Emission Standards for

Radon Emissions from Department of

Energy Facilities (40 CFR part 61,

subpart Q),

(3) National Emission Standards for

Radon Emissions from Phosphogypsum

Stacks (40 CFR part 61, subpart R),

(4) National Emission Standards for

Radon Emissions from the Disposal of

Uranium Mill Tailings (40 CFR part 61,

subpart T). Note that subpart T was

amended on July 15, 1994 (59 FR 36283)

and now only applies to unlicensed

disposal sites that are under the control

of the Department of Energy.

(5) National Emission Standards for

Radon emissions from Operating Mill

Tailings (40 CFR part 61, subpart W).

Not all authorities for the NESHAP

can be delegated to the state. The EPA

Administrator retains authority to

implement those sections of the

NESHAP that require approval of

equivalency determinations and

alternative test methods, decisionmaking to ensure national consistency,

and EPA rulemaking to implement

including but not limited to the

following provisions of 40 CFR part 61:

(1) 40 CFR 61.04(b), which pertains to

permitting the submission of reports to

the state only, instead of EPA and the

state,

(2) 40 CFR 61.12(d)(1), which pertains

to permitting an alternative means of

emission limitation,

(3) 40 CFR 61.13(h)(1)(ii), which

pertains to approval of the use of an

alternative method of emission tests.

As the radionuclides NESHAP are

updated, Utah should revise its rules