18750 Federal Register / Vol. 60, No. 71 / Thursday, April 13, 1995 / Rules and Regulations

2. Section 934.15 is amended by

revising the heading and by adding

paragraph (t) to read as follows:

§ 934.15 Approval of amendments to the

North Dakota regulatory program.

* * * * *

(t) With the exception of NDAC 69–

05.2–16–09(20) (to the extent that it

addresses sedimentation ponds that do

not meet the criteria of 30 CFR 77.216

but do meet SCS Class B or C criteria),

revisions to the following rules, as

submitted to OSM on November 10,

1994, are approved effective April 13,

1995.

North Dakota Administrative Code (NDAC)

69–05.2–04–07(3)(a), lands unsuitable for

mining; NDAC 69–05.2–05–09, permit

applications (permit monitoring plans);

NDAC 69–05.2–06–01(2), permit applications

(identification of interests); NDAC 69–05.2–

06–02(6), permit applications (compliance

information); NDAC 69–05.1–10–03(5),

criteria for permit approval; NDAC 69–05.2–

11–01(1)(d), permit revisions; NDAC 69–

05.2–11–03(5)(c), permit renewals; NDAC

69–05.2–11–06(1)(c), transfer, sale, or

assignment of permit rights; NDAC 69–05.2–

12–09(2), performance bond (period of

liability); NDAC 69–05.2–15–02(2a),

performance standards (suitable plant growth

material); NDAC 69–05.2–16–09(7) and (20),

performance standards (sediment ponds);

NDAC 69–05.2–21–01(2) performance

standards (backfilling and grading, timing

requirements); and NDAC 69–05.2–28–03(6),

inspection and enforcement (cessation

orders).

§ 934.16 [Amended]

3. Section 934.16 is amended by

removing and reserving paragraph (u).

[FR Doc. 95–9176 Filed 4–12–95; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA37–1–6370a; FRL–5188–2]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Withdrawal of Final Rule

Pertaining to the Promulgation of SO2:

Conewango Township, Warren County

Implementation Plan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Withdrawal of direct final rule.

SUMMARY: On February 15, 1995, EPA

published a final rule approving a

revision to the State implementation

plan for the Commonwealth of

Pennsylvania. The revision provides for,

and demonstrates, the attainment of the

national ambient air quality standards

(NAAQS) for sulfur oxides in the

Conewango Township, Warren County

nonattainment area. This action was

published without prior proposal

because EPA anticipated no adverse

comment. Because EPA received

adverse comments on this action, EPA

is withdrawing the February 15, 1995

final rulemaking action pertaining to the

State implementation plan for

Pennsylvania.

EFFECTIVE DATE: April 13, 1995.

FOR FURTHER INFORMATION CONTACT:

David J. Campbell, Air Programs

(3AT22), U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107, phone: 215 597–9781.

SUPPLEMENTARY INFORMATION: On

February 15, 1995, EPA published a

final rule to approve a revision to the

Commonwealth of Pennsylvania State

implementation plan (SIP) (60 FR 8566).

The revision provides for, and

demonstrates, the attainment of the

national ambient air quality standards

(NAAQS) for sulfur oxides in the

Conewango Township, Warren County

nonattainment area. The

implementation plan was submitted by

Pennsylvania to satisfy the requirements

of the Clean Air Act (CAA) pertaining to

nonattainment areas. EPA approved this

direct final rulemaking without prior

proposal because the Agency viewed it

as noncontroversial and anticipated no

adverse comments. The final rule was

published in the Federal Register with

a provision for a 30-day comment

period. At the same time, EPA

published a proposed rule which

announced that this final rule would

convert to a proposed rule in the event

that adverse comments were submitted

to EPA within 30 days of publication of

the rule in the Federal Register (60 FR

8612). By publishing a notice

announcing withdrawal of the final

rulemaking action, this action would be

withdrawn. EPA received adverse

comment within the prescribed

comment period.

Therefore, EPA is withdrawing the

February 15, 1995 final rulemaking

action pertaining to the Pennsylvania

SIP for sulfur oxides. All public

comments received will be addressed in

a subsequent rulemaking action based

on the proposed rule.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Reporting and

recordkeeping requirements, Sulfur

Oxides.

Dated: March 30, 1995.

Stanley Laskowski,

Acting Regional Administrator, Region III.

[FR Doc. 95–9045 Filed 4–12–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[OAQPS CA38–5–6959; FRL–5184–3]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, South

Coast Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing the approval

of revisions to the California State

Implementation Plan (SIP) proposed in

the Federal Register on June 2, 1994.

The revisions concern rules from the

South Coast Air Quality Management

District (SCAQMD). This approval

action will incorporate these rules into

the federally approved SIP. The

intended effect of approving these rules

is to regulate emissions of volatile

organic compounds (VOCs) in

accordance with the requirements of the

Clean Air Act, as amended in 1990

(CAA or the Act). The revised rules

control VOC emissions from Pleasure

Craft Coating Operations and set general

recordkeeping requirements for VOC

emissions. Thus, EPA is finalizing the

approval of these revisions into the

California SIP under provisions of the

CAA regarding EPA action on SIP

submittals, SIPs for national primary

and secondary ambient air quality

standards and plan requirements for

nonattainment areas.

EFFECTIVE DATE: This action is effective

on May 15, 1995.

ADDRESSES: Copies of the rule revisions

and EPA’s evaluation report for each

rule are available for public inspection

at EPA’s Region IX office during normal

business hours. Copies of the submitted

rule revisions are available for

inspection at the following locations:

Rulemaking Section (A–5–3), Air and

Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105.

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, SW.,

Washington, DC 20460.

South Coast Air Quality Management

District, 21865 East Copley Drive,

Diamond Bar, CA 91765–4182.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 L Street,

Sacramento, CA 95814.
Federal Register / Vol. 60, No. 71 / Thursday, April 13, 1995 / Rules and Regulations 18751

FOR FURTHER INFORMATION CONTACT:

Daniel A. Meer, Chief, Rulemaking

Section, Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105, Telephone: (415)

744–1185.

SUPPLEMENTARY INFORMATION

Background

On June 2, 1994 in 59 FR 28503 EPA

proposed to approve the following rules

into the California SIP: SCAQMD’s Rule

1106.1, Pleasure Craft Coating

Operations, and Rule 109,

Recordkeeping for Volatile Organic

Compound Emissions. Rule 1106.1 was

adopted by SCAQMD on May 1, 1992,

and Rule 109 was adopted on March 6,

1992. Both rules were submitted by the

California Air Resources Board (CARB)

to EPA on September 14, 1992. These

rules were submitted in response to

EPA’s 1988 SIP-Call and the CAA

section 182(a)(2)(A) requirement that

nonattainment areas fix their reasonably

available control technology (RACT)

rules for ozone in accordance with EPA

guidance that interpreted the

requirements of the pre-amendment Act.

A detailed discussion of the background

for each of the above rules and

nonattainment areas is provided in the

NPR(s) cited above.

EPA has evaluated the above rules for

consistency with the requirements of

the CAA and EPA regulations and EPA

interpretation of these requirements as

expressed in the various EPA policy

guidance documents referenced in the

NPR(s) cited above. EPA has found that

the rules meet the applicable EPA

requirements. A detailed discussion of

the rule provisions and evaluations has

been provided in [59 FR 28503 and in

technical support documents (TSDs)

available at EPA’s Region IX office

(TSDs dated February 16, 1993, Pleasure

Craft Coating Operations and February

24, 1993, Recordkeeping for Volatile

Organic Compound Emissions).

Response to Public Comments

A 30-day public comment period was

provided in 59 FR 28503. EPA received

no comments.

EPA Action

EPA is finalizing action to approve

the above rules for inclusion into the

California SIP. EPA is approving the

submittal under section 110(k)(3) as

meeting the requirements of section

110(a) and Part D of the CAA. This

approval action will incorporate these

rules into the federally approved SIP.

The intended effect of approving these

rules is to regulate emissions of VOCs in

accordance with the requirements of the

CAA.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

The Office of Management and Budget

(OMB) has exempted this action from

review under Executive Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: March 28, 1995.

Felicia Marcus,

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 F—California

2. Section 52.220 is amended by

adding paragraph (c)(189)(i)(A)(6) to

read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(189) * * *

(i) * * *

(A) * * *

(6) Rule 109 adopted on March 6,

1992, and Rule 1106.1 adopted on May

1, 1992.

* * * * *

[FR Doc. 95–9042 Filed 4–12–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 76

[AD–FRL–5186–5]

RIN 2060–AD45

Acid Rain Program: Nitrogen Oxides

Emission Reduction Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule; response to

court remand.

SUMMARY: The EPA is today issuing this

final rule in response to a remand by a

U.S. Court of Appeals. The rule

reinstates emission limitations for

nitrogen oxides (NOX) from coal-fired

utility units under section 407 of the

Clean Air Act (‘‘the Act’’). The emission

limitations for NOX, along with

emission limitations for sulfur dioxide

from utility plants, will reduce acidic

deposition and its serious adverse

effects on natural resources, ecosystems,

materials, visibility, and public health.

On March 22, 1994, EPA promulgated

a rule establishing NOX emission

limitations. The rule established

emission limits generally achievable

using ‘‘low NOX burner technology’’ and

established a procedure for obtaining an

alternative emission limitation (AEL) if

a unit could not achieve the prescribed

limit using such technology. On

November 29, 1994, the U.S. Court of

Appeals for the District of Columbia

Circuit ruled that the definition of ‘‘low

NOX burner technology’’ in the March

22, 1994 rule exceeded EPA’s statutory

authority. The Court vacated the rule

and remanded it to the Agency for

further proceedings. On March 28, 1995,

EPA and environmental and utilityindustry parties signed an agreement

addressing the March 22, 1994

regulations, including issues raised by

the Court’s remand.

Based on the Court’s decision and a

review of the record, the Agency is now

revising the March 22, 1994 regulations.

The low-NOX-burner-technology

definition is revised to comply with the

Court’s decision. Other provisions

concerning the compliance date for

Phase I NOX emission limitations, AELs,

and plans for averaging NOX emissions

of two or more units are also revised. In

general, the revisions reduce

compliance requirements, extend the

compliance date, and increase

compliance flexibility. The rule

revisions are issued as a direct final rule

because they are consistent with the

Court’s decision and no adverse

comment is expected. The revisions are

also consistent with the March 28, 1995

agreement.