Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations 18251

ACTION: Final rule.

SUMMARY: As part of the President’s

Regulatory Reinvention Initiative, the

Coast Guard is removing obsolete

regulations. The Appendix to 33 CFR

Subpart 1.07 is outdated. To avoid

misleading the public with outdated

materials, the Coast Guard is removing

the Appendix.

EFFECTIVE DATE: April 25, 1996.

ADDRESSES: Unless otherwise indicated,

documents referred to in this preamble

are available for inspection or copying

at the office of the Executive Secretary,

Marine Safety Council (G–LRA/3406),

U.S. Coast Guard Headquarters, 2100

Second Street SW., room 3406,

Washington D.C. 20593–0001 between 8

a.m. and 3 p.m., Monday through

Friday, except Federal holidays. The

telephone number is (202) 267–1477.

FOR FURTHER INFORMATION CONTACT:

LT Michele Bouziane, Staff Attorney,

Maritime and International Law

Division, Office of Chief Counsel, U.S.

Coast Guard Headquarters, (202) 267–

0014.

SUPPLEMENTARY INFORMATION:

Background and Purpose

The Appendix to 33 CFR Subpart 1.07

lists penalty provisions of statutes the

Coast Guard is authorized to enforce.

This includes penalty provisions of laws

that the Coast Guard enforces and

administers under this part. It also

includes penalty provisions of laws that

another agency administers, but the

Coast Guard enforces when violations

occur on the high seas and waters over

which the United States has

jurisdiction. The Appendix also lists the

penalty procedure (civil or criminal)

used by the Coast Guard to address

violations of each statute.

The Appendix was last updated in

1982. The Appendix, in its outdated

condition, is of little use and could be

misleading. The Coast Guard does not

plan to update the index because the

information it contains is available

elsewhere in statutes and regulations.

To avoid misleading the public with

outdated materials, the Coast Guard is

removing the Appendix.

Regulatory Information

This rule is being published as a final

rule without a prior notice of proposed

rulemaking. This rulemaking merely

removes the Appendix to 33 CFR

Subpart 1.07 and will not impose any

substantive requirements on the public.

Therefore, the Coast Guard for good

cause finds, under 5 U.S.C. 553 (b)(3)(B)

and (d)(3), that notice and public

comment procedure are unnecessary,

and that this rule may be made effective

upon publication.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has not been reviewed by the

Office of Management and Budget under

that order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). The

Coast Guard expects the economic

impact of this rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this rule will

have a significant economic impact on

a substantial number of small entities.

‘‘Small entities’’ may include (1) small

businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000. The

Coast Guard has evaluated this rule

under the Regulatory Flexibility Act.

This rule involves removing the

Appendix to 33 CFR Subpart 1.07 and

will not have a substantive impact on

the public. Therefore, the Coast Guard

certifies under 5 U.S.C. 605(b) that this

rule will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This proposal contains no collectionof-information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under paragraph 2.B.2

of Commandant Instruction M16475.1B

(as revised by 59 FR 38654, July 29,

1994), this rule is categorically excluded

from further environmental

documentation. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects

33 CFR Part 1

Administrative practice and

procedure, Authority delegations

(Government agencies), Freedom of

information, Penalties.

Subpart 1.07 Appendix [Removed]

Under the authority of 14 U.S.C. 633,

the Appendix to 33 CFR Subpart 1.07 is

removed.

Dated: April 19, 1996.

Paul M. Blayney,

Rear Admiral, U.S. Coast Guard, Chief

Counsel.

[FR Doc. 96–10255 Filed 4–24–96; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[KS–6–1–6985, MO–31–1–7153; FRL 5448–

9]

Approval and Promulgation of

Implementation Plans; States of

Kansas and Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: By this action the EPA gives

full approval to the State

Implementation Plans (SIP) submitted

by the states of Kansas and Missouri to

fulfill the emission inventory update

requirement of the approved Kansas

City maintenance plan. The submittals

also establish a motor vehicle emissions

budget for the purposes of fulfilling the

requirements of the Federal

Transportation Conformity rule.

DATES: This action will be effective June

24, 1996 unless by May 28, 1996

adverse or critical comments are

received.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the: Environmental

Protection Agency, Air Planning and

Development Branch, 726 Minnesota

Avenue, Kansas City, Kansas 66101.

FOR FURTHER INFORMATION CONTACT: Lisa

V. Haugen at (913) 551–7877.

SUPPLEMENTARY INFORMATION:

I. Background

Based on ambient air quality data for

the period 1989 through 1991, the
18252 Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations

Kansas and Missouri portions of the

Kansas City ozone nonattainment area

were redesignated to attainment, and a

maintenance plan was approved, in a

June 23, 1992, Federal Register notice.

In the approved maintenance plan, each

state committed to completing

comprehensive volatile organic

compound (VOC) point source

inventory updates at least twice in each

five-year period following the effective

date of the area’s redesignation. Area

and mobile source inventories are to be

updated at least once every five years.

These periodic updates are part of each

state’s continued efforts to ascertain

whether actual VOC emissions are

within the attainment inventory.

The 1992 approved maintenance SIP

was submitted before EPA finalized its

maintenance plan guidance which

provided that nitrogen oxide (NOX)

emissions inventories be included in

maintenance demonstrations. However,

during the course of EPA review of the

submittal, EPA made an assessment of

NOX emissions in Kansas City. These

emission inventory updates supersede

the NOX inventory information for the

period 1990 through 2000 developed by

EPA during the review and approval of

the 1992 maintenance plan.

On November 23, 1993, pursuant to

section 176(c) of the Clean Air Act, the

EPA promulgated the final rule

(hereafter referred to as the

Transportation Conformity rule), which

established the process by which the

Federal Highway Administration, the

Federal Transit Administration, and

metropolitan planning organizations

(MPO) determine conformity of highway

and transit projects. This rule applies to

Kansas City as an ozone maintenance

area.

The emissions budget is the

mechanism EPA has identified for

demonstrating consistency between

emissions expected from

implementation of transportation plans,

Transportation Improvement Programs

(TIP), and projects with estimates of

emissions in the SIP from on-road motor

vehicles. Motor vehicle emissions

budgets are the explicit or implicit

identification of the on-road motor

vehicle-related portion of the projected

emission inventory used to demonstrate

maintenance of the National Ambient

Air Quality Standard for ozone for a

particular year specified in the SIP. The

motor vehicle emissions budget

establishes a cap on the predicted

highway and transit vehicle VOC and

NOX emissions which, if exceeded, will

result in a nonconformity finding.

The maintenance plan for the Kansas

City area was approved before the

promulgation of the Transportation

Conformity rule, and therefore did not

include explicit motor vehicle emission

budgets for VOCs and NOX. These SIP

revisions amend the 1992 Kansas City

ozone maintenance SIP to specify motor

vehicle VOC and NOx emissions budgets

for the Kansas City air quality

maintenance area.

II. Review of State Submittal

A comprehensive emissions inventory

for both VOCs and NOX , which

includes an explicit motor vehicle

emissions budget, was submitted by the

state of Kansas on May 11, 1995, and by

the state of Missouri on April 12, 1995.

These emissions inventory updates were

completed for the Kansas City ozone

maintenance area, which includes

Wyandotte and Johnson counties in

Kansas and Clay, Jackson, and Platte

counties in Missouri. With the

exception of point sources and the

asphalt paving source category, all other

emissions estimates were calculated

with 1990 as the base year, and

projections were made from the base to

2010.

Air quality monitoring data, which

have recently been quality-assured,

indicate that measured exceedances of

the ozone standard were recorded on

July 11, 12, and 13, 1995, at the Liberty

monitoring site in Kansas City. The

highest recorded value for each day was

.128 ppm, .161 ppm, and .131 ppm,

respectively. These exceedances, added

to a measured exceedance of the ozone

standard of .128 ppm, recorded on July

29, 1993, puts the area in violation of

the standard.

As required in the approved

maintenance plan, contingency

measures must be implemented to

address the violation of the ozone

standard. The approved maintenance

plan also includes a commitment by the

states to complete a comprehensive

VOC emission inventory should a

violation of the ozone standard occur.

EPA has determined that the emission

inventory updates submitted by the

states of Kansas and Missouri fulfill the

aforementioned commitment. However,

if the Kansas City area experiences

further violations of the ozone standard,

the emission inventory will need to be

revised.

A. VOC and NOX Emissions Inventory

Updates

Part 3.2 and Appendices A, B, and C

of the 1992 maintenance SIP contain

VOC emissions inventory estimates

from point, area, and mobile sources for

the period 1988 through 2000. These

SIP revisions update and supersede the

VOC emissions inventory in its entirety

for the period between 1990 and 2000.

This revision also supplements Part 3.2

with VOC emissions inventory

projections for 2005 and 2010 in order

to address the requirements of the

Transportation Conformity rule. The

NOX emissions inventories supplement

the 1992 maintenance SIP with detailed

NOX emissions estimates for the period

1990 through 2000 and for the years

2005 and 2010.

The new emission inventory numbers

reflect significant changes in emissions

estimation methodology and changes in

the data upon which estimates are

based. The reader is referred to the

Technical Support Document and the

states’ submittals for detailed

information about methodologies,

emission factors, sources of input data,

the basis for projections, seasonal

adjustments, conversions, and

assumptions. The 1990 VOC inventory

includes reductions attributable to Reid

Vapor Pressure control from 9.5 to 9.0

psi consistent with the 1992

Maintenance SIP.

Part 3.4 of the 1992 maintenance SIP

specifically defined an ‘‘action line’’

that represented the maximum

allowable VOC emissions in the Kansas

City metropolitan air quality planning

area. The revised 1990 VOC emissions

inventories replace the ‘‘action line’’ as

the number that represents the

maximum allowable VOC emissions in

the Kansas City air quality planning

area.

The VOC emissions inventories for

the Kansas City ozone maintenance area

are presented in the following tables:

VOC EMISSIONS SUMMARY—ALL COUNTIES

[Unless otherwise specified, the units of measurement are in kilograms per summer day]

On-road

mobile

emissions

Off-road

mobile

emissions

Biogenic

emissions

Area source

emissions

Point

source

emissions

Total

emissions

1990 .................................................................................. 128282.53 39575.47 35821.05 86593.21 32284.52 322556.77
Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations 18253

VOC EMISSIONS SUMMARY—ALL COUNTIES—Continued

[Unless otherwise specified, the units of measurement are in kilograms per summer day]

On-road

mobile

emissions

Off-road

mobile

emissions

Biogenic

emissions

Area source

emissions

Point

source

emissions

Total

emissions

1992 .................................................................................. 96710.10 39857.92 35821.05 86156.15 27733.27 286278.50

1995 .................................................................................. 87355.63 41221.27 35821.05 89484.05 30007.33 283889.33

2000 .................................................................................. 81815.02 43085.96 35821.05 94974.59 32346.91 288043.53

2005 .................................................................................. 73897.25 45135.34 35821.05 100297.17 34977.68 290128.48

2010 .................................................................................. 77151.71 47053.42 35821.05 105007.73 37529.13 302563.04

VOC EMISSIONS SUMMARY—MISSOURI COUNTIES (JACKSON, CLAY, PLATTE COUNTIES)

[Unless otherwise specified, the units of measurement are in kilograms per summer day]

On-road

mobile

emissions

Off-road

mobile

emissions

Biogenic

emissions

Area source

emissions

Point

source

emissions

Total

emissions

1990 .................................................................................. 81506.45 26222.22 22926.35 51480.28 21283.17 203418.47

1992 .................................................................................. 61373.89 26399.32 22926.35 51044.25 18621.05 180364.86

1995 .................................................................................. 55461.41 27237.63 22926.35 52808.29 20138.78 178572.46

2000 .................................................................................. 50495.69 28368.05 22926.35 55569.59 21708.13 179067.80

2005 .................................................................................. 45604.20 29684.52 22926.35 58481.09 23474.30 180170.47

2010 .................................................................................. 46641.63 30917.71 22926.35 60941.80 25162.72 186590.21

VOC EMISSIONS SUMMARY—KANSAS COUNTIES (WYANDOTTE AND JOHNSON)

[Unless otherwise specified, the units of measurement are in kilograms per summer day]

On-road

mobile

emissions

Off-road

mobile

emissions

Biogenic

emissions

Area source

emissions

Point

source

emissions

Total

emissions

1990 .................................................................................. 46776.08 13353.25 12894.70 35112.93 11001.34 119138.30

1992 .................................................................................. 35336.21 13458.59 12894.70 35111.91 9112.22 105913.64

1995 .................................................................................. 31894.22 13983.65 12894.70 36675.76 9868.55 105316.87

2000 .................................................................................. 31319.33 14717.91 12894.70 39405.01 10638.78 108975.73

2005 .................................................................................. 28293.04 15450.81 12894.70 41816.08 11503.38 109958.01

2010 .................................................................................. 30510.08 16135.71 12894.70 44065.93 12366.41 115972.83

The NOX emissions inventories for the Kansas City ozone maintenance area are presented in the following tables:

NOX EMISSIONS SUMMARY—ALL COUNTIES

[Unless otherwise specified, the units of measurement are in kilograms per summer day]

On-road

mobile

emissions

Off-road

mobile

emissions

Biogenic

emissions

Area source

emissions

Point

source

emissions

Total

emissions

1990 .................................................................................. 103895.82 43860.30 0.00 15830.39 161550.89 325137.39

1992 .................................................................................. 102580.57 43182.37 0.00 15669.14 173748.93 335181.02

1995 .................................................................................. 101275.32 45812.23 0.00 16966.07 152629.66 316683.27

2000 .................................................................................. 98337.95 44300.25 0.00 18565.52 104439.12 265642.84

2005 .................................................................................. 95408.56 41857.70 0.00 20378.20 105334.55 262979.01

2010 .................................................................................. 98570.22 40375.29 0.00 21707.60 106156.52 266809.64

NOX EMISSIONS SUMMARY—MISSOURI COUNTIES (JACKSON, CLAY, PLATTE COUNTIES)

[Unless otherwise specified, the units of measurement are in kilograms per summer day]

On-road

mobile

emissions

Off-road

mobile

emissions

Biogenic

emissions

Area source

emissions

Point

source

emissions

Total

emissions

1990 .................................................................................. 66147.65 22398.17 0.00 4104.73 103125.99 195776.54

1992 .................................................................................. 65329.61 21998.33 0.00 4115.09 111842.06 203285.09

1995 .................................................................................. 64459.65 23655.85 0.00 4412.00 99474.58 192002.08

2000 .................................................................................. 60876.51 22757.27 0.00 4808.15 76461.04 164902.96

2005 .................................................................................. 59067.93 21277.86 0.00 5254.93 76772.77 162373.50

2010 .................................................................................. 60275.27 20396.86 0.00 5576.43 77030.49 163279.04
18254 Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations

NOX EMISSIONS SUMMARY—KANSAS COUNTIES (WYANDOTTE AND JOHNSON)

[Unless otherwise specified, the units of measurement are in kilograms per summer day]

On-road

mobile

emissions

Off-road

mobile

emissions

Biogenic

emissions

Area source

emissions

Point

source

emissions

Total

emissions

1990 .................................................................................. 37748.17 21462.13 0.00 11725.66 58424.89 129360.85

1992 .................................................................................. 37250.96 21184.05 0.00 11554.05 61906.87 131895.93

1995 .................................................................................. 36815.67 22156.38 0.00 12554.07 53155.08 124681.20

2000 .................................................................................. 37461.44 21542.98 0.00 13757.38 27978.08 100739.88

2005 .................................................................................. 36340.63 20579.84 0.00 15123.27 28561.78 100605.51

2010 .................................................................................. 38294.96 19978.43 0.00 16131.17 29126.03 103530.60

B. Motor Vehicle Emissions Budgets

These emission inventory updates

define a VOC motor vehicle emissions

budget and an NOX motor vehicle

emissions budget. The emissions

inventories in the Kansas and Missouri

maintenance SIPs are combined to

establish these budgets to be used in

determining conformity of regional

transportation plans and TIPs.

Combined budgets are preferable for

determining conformity in bistate air

quality regions with a single MPO when

emissions inventories are projected to

remain consistent with maintenance of

the ozone standard.

Estimates of total VOC and NOX

emissions in future years in the

maintenance area are less than required

to demonstrate maintenance of the

ozone standard. In these circumstances,

the Transportation Conformity rule

permits the SIP to explicitly quantify

the difference as a margin and include

a portion of the margin in the motor

vehicle emissions budget. These SIP

revisions explicitly quantify the margin

and explicitly assign a portion of the

margin to the motor vehicle VOC and

NOX emissions budgets for conformity

purposes.

Section 51.404 of the Transportation

Conformity rule requires that regional

transportation plans establish ‘‘horizon

years’’ which envision a transportation

system for certain future years, not more

than 10 years apart. These SIP revisions

define the horizon years for the Kansas

City maintenance area to be 2000 and

2010. The motor vehicle VOC and NOX

emissions budgets for these years are

above the motor vehicle emissions

inventory estimates for 2000 and 2010.

This approach is designed to protect

emissions growth throughout the entire

maintenance period to the year 2010.

The reader is referred to the states’

submissions for the calculations used to

determine the motor vehicle emissions

budgets.

The regional motor vehicle VOC and

NOX emissions budgets, based on

combining the inventories for the

Missouri and Kansas portions of the air

quality maintenance area, are as follows:

Ozone

precursor

Regional

motor vehicle

budget for

the year 2000

Regional

motor vehicle

budget for

the year 2010

Non-Methane

Hydrocarbons.

87548 kg/

summer

day.

82885 kg/

summer

day.

Nitrogen Oxides.119889 kg/

summer

day.

120121 kg/

summer

day.

The motor vehicle emissions budgets

were the subject of the interagency

consultation process as required by

§ 51.402 of the Transportation

Conformity rule. The draft emissions

inventories and motor vehicle emissions

budgets were reviewed by a regional air

quality policy advisory committee

formed under the provisions of § 174 of

the Clean Air Act and the regional

transportation policy committee,

constituted in accordance with the

Intermodal Surface Transportation

Efficiency Act. They were published

and made available for regional public

review and comment.

The Missouri portion of the emissions

inventory update and motor vehicle

emissions budget was adopted by the

Missouri Air Conservation Commission,

after proper notice and public hearing,

on March 30, 1995. A public hearing for

the Kansas portion of the emissions

inventory update and motor vehicle

emissions budget was held on May 8,

1995, and adopted by the Secretary of

Health and Environment on May 11,

1995.

Missouri and Kansas have submitted

complete inventories containing point,

area, biogenic, on-road, and nonroad

mobile source data and accompanying

documentation. The submittals provide

adequate documentation on the

emission estimation procedures and the

data sources used to develop the

inventory. The point and area source

inventories are complete. Emissions for

each source category were prepared or

calculated according to the most current

EPA guidance. The VMT development

methods are adequately described and

documented, and the most current EPA

MOBILE model was correctly used to

produce emission factors for each of the

vehicle classes. Therefore, the submitted

emission inventory updates meet

current EPA guidance for the

development of an approvable

emissions inventory. EPA ACTION: By

this action EPA grants full approval of

the May 11, 1995, Kansas submittal and

the April 12, 1995, submittal from the

state of Missouri. These SIP revisions

meet all of the requirements for an

approvable emissions inventory update.

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 the Federal Register

publication, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent notice that will withdraw

the final action. All public comments

received will then be addressed in a

subsequent final rule based 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.

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, and in relation to relevant

statutory and regulatory requirements.

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et. seq., 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, EPA may

certify that the rule will not have a

significant impact on a substantial

number of small entities. Small entities
Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations 18255

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 CAA 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, EPA

certifies 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

CAA, preparation of a regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The CAA

forbids 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)).

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995, memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

regulatory action from E.O. 12866

review.

Under sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘Unfunded Mandates Act’’),

signed into law on March 22, 1995, EPA

must undertake various actions in

association with proposed or final rules

that include a Federal mandate that may

result in estimated costs of $100 million

or more to the private sector, or to state,

local, or tribal governments in the

aggregate.

Through submission of this SIP, the

state has elected to adopt the program

provided for under section 110 of the

CAA. These rules may bind state and

local governments to perform certain

actions and also require the private

sector to perform certain duties. To the

extent that the rules being finalized for

approval by this action will impose new

requirements, sources are already

subject to these regulations under state

law. Accordingly, no additional costs to

state or local governments, or to the

private sector, result from this final

action. EPA has also determined that

this final action does not include a

mandate that may result in estimated

costs of $100 million or more to state or

local governments in the aggregate or to

the private sector. EPA has determined

that these rules result in no additional

costs to tribal government.

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 June 24, 1996. 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

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

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.

Dated: February 9, 1996.

Dennis Grams,

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 R—Kansas

2. Section 52.870 is amended by

adding paragraph (c)(31) to read as

follows:

§ 52.870 Identification of plan.

* * * * *

(c) * * *

(31) On May 11, 1995, the Kansas

Department of Health and Environment

submitted an emissions inventory

update to the Kansas City maintenance

plan approved by EPA on June 23, 1992.

The submittal also establishes a motor

vehicle emissions budget for the

purpose of fulfilling the requirements of

the Federal Transportation Conformity

rule.

(i) Incorporation by reference.

(A) Kansas City Ozone Maintenance

State Implementation Plan Revision:

Emissions Inventories and Motor

Vehicle Emissions Budgets for the

Kansas City Metropolitan Area, adopted

on May 11, 1995.

Subpart AA—Missouri

3. Section 52.1320 is amended by

adding paragraph (c)(94) to read as

follows:

§ 52.1320 Identification of plan.

* * * * *

(c) * * *

(94) On April 12, 1995, the Missouri

Department of Natural Resources

submitted an emissions inventory

update to the Kansas City maintenance

plan approved by EPA on June 23, 1992.

The submittal also establishes a motor

vehicle emissions budget for the

purpose of fulfilling the requirements of

the Federal Transportation Conformity

rule.

(i) Incorporation by reference.

(A) Kansas City Ozone Maintenance

SIP Revisions: Emission Inventories and

Motor Vehicle Emissions Budgets,

adopted by the Missouri Air

Conservation Commission on March 30,

1995.

[FR Doc. 96–10132 Filed 4–24–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[OH21–2–7260; FRL–5450–5]

Approval and Promulgation of

Implementation Plans; Ohio

AGENCY: United States Environmental

Protection Agency (USEPA).

ACTION: Final rule.

SUMMARY: Pursuant to letter notice

procedures described at 54 FR 2214

(January 19, 1989), USEPA approved

minor revisions to the Ohio State

Implementation Plan (SIP) on October

31, 1995. This document describes the

approved revisions and incorporates the

relevant material into the Code of

Federal Regulations. The SIP revisions

are site-specific rules that are required

as part of an effort to achieve the

National Ambient Air Quality Standard

(NAAQS) for ozone. The rules will

benefit the environment and people

who have asthma and other respiratory

diseases by reducing volatile organic

compound (VOC) emissions, a precursor

to smog formation.

EFFECTIVE DATE: The effective date is

April 25, 1996.

ADDRESSES: Copies of the State SIP

revision request and USEPA’s letter

notice of approval are available for

public inspection during normal

business hours at the following

locations:

United States Environmental Protection

Agency, Region 5, Air and Radiation

Division, 77 West Jackson Boulevard

(AR–18J), Chicago, Illinois 60604; and

Office of Air and Radiation Docket and

Information Center (Air Docket 6102),

United States Environmental

Protection Agency, 401 M Street, SW,

Washington, DC, 20460.