17756 Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Proposed Rules

1The EPA has construed the definition of

nonattainment area to require some material or

significant contribution to a violation in a nearby

area. The Agency believes it is reasonable to

conclude that something greater than a molecular

impact is required.

information submitted to, or otherwise

considered by, the EPA in the

development of this proposed interim

approval. The principal purposes of the

docket are:

(1) To allow interested parties a

means to identify and locate documents

so that they can effectively participate

in the approval process, and

(2) To serve as the record in case of

judicial review. The EPA will consider

any comments received by May 8, 1995.

B. Executive Order 12866

The Office of Management and Budget

has exempted this regulatory action

from Executive Order 12866 review.

C. Regulatory Flexibility Act

The EPA’s actions under section 502

of the Act do not create any new

requirements, but simply address

Operating Permits Programs submitted

to satisfy the requirements of 40 CFR

part 70. Because this action does not

impose any new requirements, it does

not have a significant impact on a

substantial number of small entities.

List of Subjects in 40 CFR Part 70

Environmental protection, Air

pollution control, Intergovernmental

relations, Operating permits,

Administrative practice and procedure,

Reporting and recordkeeping

requirements.

V. Miscellaneous

A. Proposed Full Approval

Proposed full approval of the part 70

Operating Permits Program for the State

of Louisiana.

Authority: 42 U.S.C. 7401–7671q.

Dated: March 30, 1995.

Jane N. Saginaw,

Regional Administrator (6A).

[FR Doc. 95–8608 Filed 4–6–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 81

[NM–25–1–6908; FRL–5185–5]

Designation of Area for Air Quality

Planning Purposes; New Mexico;

Designation of Sunland Park Ozone

Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: Pursuant to the Clean Air Act

(CAA), as amended in 1990, the EPA is

authorized to promulgate new

designations of areas (or portions

thereof) as nonattainment for the ozone

National Ambient Air Quality Standards

(NAAQS). In this action, the EPA is

proposing to revise the ozone

designation for a portion of Dona Ana

County, New Mexico (i.e. the Sunland

Park area). Previously, consistent with

the CAA, the EPA notified the Governor

of New Mexico that the Sunland Park

area should be redesignated from

unclassifiable/attainment to

nonattainment for ozone. The

redesignation is based upon violations

of the ozone NAAQS which were

monitored from 1992–1994.

DATES: All written comments must be

received by May 8, 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 addresses listed

below. The interested persons wanting

to examine these documents should

make an appointment at least twentyfour 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.

New Mexico Environment Department,

Air Monitoring & Control Strategy

Bureau, 1190 St. Francis Drive, room

So. 2100, Santa Fe, New Mexico

87503.

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:

Background

By operation of law upon enactment

of the 1990 amendments to the CAA

(Public Law 101–549, 104 Statute 2399),

all areas of the country were designated

either nonattainment or unclassifiable/

attainment for the ozone NAAQS [see

section 107(d)(4)(A) of the CAA; 56 FR

56694–56858 (November 6, 1991), 57 FR

56762–56778 (November 30, 1992), and

59 FR 18967–18971 (April 21, 1994)].

The amended CAA also authorizes the

EPA to revise the designation of current

ozone areas from unclassifiable/

attainment to nonattainment on the

basis of air quality data, planning and

control considerations, or any other air

quality-related considerations the EPA

deems appropriate [see section 107(d)(3)

of the CAA].

Following the process outlined in

section 107(d)(3), on December 16,

1994, the Regional Administrator of the

EPA Region 6 notified the Governor of

New Mexico that the EPA believed the

Sunland Park area should be

redesignated as nonattainment for

ozone. Under section 107(d)(3)(B) of the

CAA, the Governor of New Mexico was

required to submit to the EPA the

designation considered appropriate for

the Sunland Park area within 120 days

after the EPA’s notification. The EPA

received the State’s response for the

Sunland Park area on February 6, 1995

(letter dated January 30, 1995). Now, the

EPA must promulgate the redesignation

that it deems necessary and appropriate,

consistent with section 107(d)(3)(C) of

the CAA.

Based upon the EPA’s review of the

State’s January 30, 1995, letter for the

Sunland Park area, the EPA is proposing

a redesignation to nonattainment which

is consistent with the request submitted

by the Governor of New Mexico. The

EPA is requesting comments on this

action and will consider any relevant

comments before taking final action.

Section 107(d)(1)(A) of the CAA sets

out definitions of nonattainment,

attainment, and unclassifiable. The EPA

has proposed that the Sunland Park area

in Dona Ana County, New Mexico,

addressed in this action, be redesignated

nonattainment for the ozone NAAQS. A

nonattainment area is defined as any

area that does not meet (or that

significantly contributes to ambient air

quality in a nearby area that does not

meet) the national primary or secondary

ambient air quality standard for ozone

[see section 107(d)(1)(A)(i) of the CAA].1

Thus, in determining the appropriate

boundaries for the nonattainment area

proposed in this action, the EPA has

considered not only the area where the

violations of the ozone NAAQS are

occurring, but nearby areas which

significantly contribute to such

violations.

Proposed Action

As noted above, pursuant to section

107(d)(3) of the CAA, the EPA is

authorized to initiate the redesignation

of areas as nonattainment for ozone.

Based on the ozone air quality

monitoring data for the Sunland Park

monitoring station, the EPA notified the

Governor of New Mexico on December

16, 1994, that the Sunland Park area

should be redesignated from

unclassifiable/attainment to

nonattainment for the ozone NAAQS.

Ozone monitoring began in Sunland

Park on June 15, 1992. Seven measured
Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Proposed Rules 17757

exceedances of the ozone NAAQS have

been recorded at the monitoring site,

ranging from a low of .126 parts per

million (ppm) to a high of .140 ppm.

The seven exceedances represent a

violation of the ozone NAAQS [see 40

Code of Federal Regulations (CFR) 50.9].

Since less than three years of data have

been collected at the Sunland Park

monitoring site, the EPA design value

(used to determine ozone attainment

status) for the site is the third highest

ozone value recorded—.136 ppm.

Therefore, the Sunland Park ozone

nonattainment area would be classified

as a marginal ozone nonattainment area

according to the classification scheme

set forth in section 181 of the CAA. Due

to the marginal classification, the

attainment date for the Sunland Park

ozone nonattainment area would be

three years from the effective date of the

Federal Register final action

establishing the nonattainment

designation and classification.

In response to the EPA’s December 16,

1994, letter, on January 30, 1995, the

Governor of New Mexico concurred

with the EPA that a small area of

southern Dona Ana County, including

Sunland Park, be redesignated as

nonattainment for the ozone NAAQS.

However, the Governor did not concur

with the proposed nonattainment

boundaries in one respect, proposing an

alternate western boundary for the

nonattainment area. Based on the

information provided by the Governor,

including monitoring data, the EPA

believes that the nonattainment

boundaries submitted by the Governor

are appropriate. The table below

indicates how the EPA is proposing to

revise the ozone designation for a

portion of Dona Ana County, New

Mexico in 40 CFR 81.332 from

unclassifiable/attainment to

nonattainment.

NEW MEXICO—OZONE

Designated area

Designation Classification

Date Type Date Type

Dona Ana County (part)—The area bounded by the New Mexico-Texas

State line on the east, the New Mexico-Mexico international line on

the south, the Range 3E-Range 2E line on the west, and the N3200

latitude line on the north.

Proposing ........ Nonattainment ........ Proposing ........ Marginal.

The technical information supporting

the redesignation request and the

boundary selections are available for

public review at the address indicated

above.

Significance of Proposed Action for the

Sunland Park Area, New Mexico

If the Sunland Park area of southern

Dona Ana County, New Mexico, is

redesignated nonattainment, such area

will be classified as a marginal ozone

nonattainment area at the time of the

designation (see section 181(b)(1) of the

CAA). Within 24 months after the

effective date of the final action on this

proposal of the nonattainment

redesignation, New Mexico must submit

an implementation plan meeting the

requirements of part D, title I of the

CAA (see section 182(a) of the CAA).

The CAA provides that the plan for

the area must contain, among other

things, the following items:

1. A comprehensive, accurate, current

inventory of actual emissions from all

sources, as described in section

172(c)(3) of the CAA, in accordance

with guidance provided by the EPA.

The pollutants inventoried must include

volatile organic compounds (VOC),

nitrogen oxides (NOx) and carbon

monoxide. No later than the end of each

three year period after submission of the

initial inventory, until the area is

redesignated to attainment, the State

must submit a revised inventory

meeting all EPA requirements (see

section 182(a)(1) of the CAA).

2. Requirements that the owner or

operator of each stationary source of

NOx or VOC provide the State with a

statement, in such form as the EPA may

prescribe, for classes or categories of

sources, showing the actual emissions of

NOx and VOC from that source. The first

such statement must be submitted to the

State within three years after the date of

publication of the action establishing

the nonattainment designation.

Subsequent statements shall be

submitted at least every year thereafter.

The statement shall contain a

certification that the information

contained in the statement is accurate to

the best knowledge of the individual

certifying the statement. The State may

waive the emission statement

requirement for any class or category of

stationary sources which emits less than

25 tons per year of VOC or NOx, if the

State, in its initial and periodic

emission inventories, provides an

inventory of emissions from such class

or category of sources, based on the use

of the emission factors established by

the EPA, or other methods acceptable to

the EPA (see section 182(a)(3)(B) of the

CAA).

3. A revised nonattainment new

source review permitting program

meeting the requirements of sections

172(c)(5) and 173 of the CAA, including

the requirement that the ratio of total

emission reductions of VOC to total

increased emissions of such air

pollutant shall be at least 1.1 to 1 (see

section 182(a)(4) of the CAA).

4. Revised conformity rules

(Regulations 20 NMAC 2.98 and 20

NMAC 2.99) if necessary (see sections

176 and 182 of the CAA).

Request for Public Comments

The EPA is, by this action, proposing

that the ozone designation for a portion

of Dona Ana County, New Mexico, be

revised. The EPA is requesting public

comments on all aspects of this proposal

including the appropriateness of the

proposed designation and the scope of

the proposed boundaries. Public

comments must be submitted to the EPA

at the address identified in ADDRESSES

by May 8, 1995.

Miscellaneous

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 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.

Redesignation of an area to

nonattainment under section 107(d)(3)

of the CAA does not impose any new

requirements on small entities.

Redesignation is an action that affects

the planning status of a geographical

area and does not, in itself, impose any

regulatory requirements on sources. To

the extent that the area must adopt new

regulations, based on its nonattainment

status, the EPA will review, as
17758 Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Proposed Rules

appropriate, the effect of those actions

on small entities at the time the State

submits those regulations. I certify that

approval of the redesignation request

will not affect a substantial number of

small entities.

Executive Order

The Office of Management and Budget

has exempted this action from review

under Executive Order 12866.

List of Subjects in 40 CFR Part 81

Air pollution control, National parks,

Wilderness areas.

Authority: 42 U.S.C. 7407, 7501–7515,

7601.

Dated: March 30, 1995.

Jane N. Saginaw,

Regional Administrator.

[FR Doc. 95–8603 Filed 4–6–95; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

RIN 3067–AC34

Standard Hazard Determination Form

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Proposed rule.

SUMMARY: FEMA is developing a

standard form for determining whether

a structure is located within an

identified Special Flood Hazard Area

(SFHA) and whether flood insurance

may be required and is available. Use of

this form will ensure that required flood

insurance coverage is purchased for

buildings located in an SFHA, and will

assist federal entities for lending

regulation in assuring compliance with

these purchase requirements.

DATES: We invite your comments on this

proposed form, which should be

submitted on or before May 8, 1995.

ADDRESSES: Send written comments to

the Rules Docket Clerk, Office of the

General Counsel, Federal Emergency

Management Agency, 500 C Street SW.,

room 840, Washington, DC 20472,

(facsimile) (202) 646–4536.

FOR FURTHER INFORMATION CONTACT:

Michael K. Buckley, P.E., Chief, Hazard

Identification Branch, Mitigation

Directorate, 500 C Street SW.,

Washington, DC 20472, (202) 646–2756,

or by facsimile at (202) 646–4596 (not

toll-free calls).

SUPPLEMENTARY INFORMATION: Section

102(b) of the Flood Disaster Protection

Act of 1973, as amended by the National

Flood Insurance Reform Act of 1994

(NFIRA) (42 U.S.C. 4012a(b)), requires

that federally regulated lending

institutions and federal agency lenders

review the National Flood Insurance

Program map for the community in

which they are contemplating making,

increasing, extending, or renewing any

loan secured by improved real estate to

determine whether the property is

located in an identified Special Flood

Hazard Area, and if so, require the

purchase of flood insurance for the

building or mobile home. Section 528 of

the NFIRA (42 U.S.C. 1365(a)) directs

that FEMA ‘‘shall develop a standard

form for determining, in the case of a

loan secured by improved real estate or

a mobile home, whether the building or

mobile home is located in an area

identified by the Director [of FEMA] as

an area having special flood hazards and

in which flood insurance under this title

is available.’’ The purpose of the form

is to determine whether a structure is

located within an identified Special

Flood Hazard Area (SFHA) and whether

flood insurance may be required and is

available. Use of this form will ensure

that required flood insurance coverage

is purchased for buildings located in an

SFHA, and will assist federal entities for

lending regulation in assuring

compliance with these purchase

requirements.

Section 528(c) of the NFIRA (42

U.S.C. 1365(c)) requires that federal

entities for lending regulation shall by

regulation require the use of this form

by regulated lending institutions. Each

federal agency lender shall also, by

regulation, provide for the use of the

form with respect to any loan made by

such federal agency lender. The Federal

National Mortgage Association, the

Federal Home Loan Mortgage

Corporation and the Government

National Mortgage Association shall

require the use of the form with respect

to any loan purchased by such entities.

Rules specifying the use of this form

will be published separately by these

federal agencies. However, as required

by the NFIRA, FEMA is presenting the

form itself in this proposed rule to

provide an opportunity for review and

comment.

The NFIRA also directs FEMA to

consult with representatives of the

mortgage and lending industry, the

federal entities for lending regulation,

the federal agency lenders and any other

appropriate individuals in developing

this form. Before publishing this

proposed rule, FEMA held an informal

30-day review period. We provided a

copy of a two-page draft standard

hazard determination form to over 400

individuals, agencies and groups

representing the following interests:

Federal entities for lending regulation,

federal agency lenders, governmentsponsored enterprises for housing,

lenders, insurance agents, flood zone

determination companies, attorneys,

trade associations, professional

surveyors and engineers, and floodplain

managers. We received a total of 74

comments by February 16, 1995. The

breakdown of respondents is as follows:

Seven federal entities for lending

regulation, federal agency lenders, and

government-sponsored entities for

housing; 10 lenders; 14 insurance

agents; 12 flood zone determination

companies; nine associations

representing bankers, credit unions,

floodplain managers, and surveyors; one

engineering firm; one software

corporation; five state/local floodplain

managers; and 15 other individuals.

There were several recurring themes

in the comments, which have been

addressed in the current version of the

form. The focus of the form has been

significantly narrowed. Much

extraneous information has been deleted

and the form has been shortened to one

page. We prepared a one-page set of

instructions to accompany the form. The

instructions refer to the source for

obtaining information needed to

complete the form. All references to

‘‘property’’ have been replaced with

‘‘building/mobile home.’’ An entry for

the amount of flood insurance required

by the lender has been included. The

amount of space available for the

property address has been enlarged. The

sections of the form have been

streamlined, and the lender information

is clearly separated from the

determination section. Some sections of

the form may be left blank, depending

on the determination. Additional space

was provided for comments and for the

preparer’s information.

We received many comments

regarding the availability of the form in

an electronic format. The NFIRA states

that the form may be used in a printed,

computerized, or electronic manner.

Once finalized, the form will be made

available by FEMA in an electronic

format. We anticipate that a standard

format common to all potential users

will be employed for this electronic

version.

Some of the questions we received

during the informal review period

related to use of the form, for example:

will the form content be mandatory or

will the use of the form be mandatory?

Section 528(c) of the NFIRA (42 U.S.C.

1365(c)) mandates that

‘‘Federal entities for lending

regulation shall by regulation require

the use of the form under this section by

regulated lending institutions. Each