Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations 20727

U.S.C. 6103(e)’’ to ‘‘38 U.S.C. 6103’’.

The authority citation for 38 CFR

3.901(d)(3) is changed from ‘‘38 U.S.C.

6103(a), (d), (e)’’ to ‘‘38 U.S.C. 6103’’.

The authority citation for 38 CFR

3.902(d)(3) is changed from ‘‘38 U.S.C.

6103(d), (e), 6104’’ to ‘‘38 U.S.C. 6104’’.

38 CFR 3.1612(e)(3) is amended to

show the current name of the element

within VA which is responsible for

furnishing Government headstones and

markers. Previously the Office of

Memorial Programs was called the

‘‘Monument Service.’’

This final rule makes nonsubstantive

changes. Accordingly, this final rule is

promulgated without regard to the

notice-and-comment and effective-date

provisions of 5 U.S.C. 553.

Because no notice of proposed

rulemaking was required in connection

with the adoption of this final rule, no

regulatory flexibility analysis is required

under the Regulatory Flexibility Act (5

U.S.C. 601–612). Even so, the Secretary

hereby certifies that this final rule will

not have a significant economic impact

on a substantial number of small entities

as they are defined in the Regulatory

Flexibility Act.

The Catalog of Federal Domestic

Assistance program numbers are 64.100,

64.101, 64.104, 64.105, 64.106, 64.109,

and 64.110.

List of Subjects in 38 CFR Part 3

Administrative practice and

procedure, Claims, Disability benefits,

Health care, Pensions, Veterans,

Vietnam.

Approved: April 30, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR part 3 is amended as

follows:

PART 3—ADJUDICATION

Subpart A—Pension, Compensation,

and Dependency and Indemnity

Compensation

1. The authority citation for part 3,

subpart A continues to read as follows:

Authority: 38 U.S.C. 501(a), unless

otherwise noted.

§ 3.23 [Amended]

2. In § 3.23, the authority citation

immediately following paragraph (d)(5)

is revised to read as follows:

(Authority: 38 U.S.C. 1541(c), (g))

§ 3.24 [Amended]

3. In § 3.24, paragraph (c)(1) is

amended by adding ‘‘the annual income

of such child and’’ immediately

following ‘‘and the sum of’’.

§ 3.25 [Amended]

4. In § 3.25, the concluding text of

paragraph (c) is amended by adding

‘‘may be less than $5 monthly. Each

time there is a rate increase under 38

U.S.C. 5312, the amount of the

reduction under this paragraph’’

immediately following ‘‘to a parent

under this paragraph’’.

§ 3.100 [Amended]

5. In § 3.100, paragraph (a) is

amended by removing ‘‘Chief Benefits

Director’’ and ‘‘Director’’ and adding, in

their place, ‘‘Under Secretary for

Benefits’’ and ‘‘Under Secretary’’,

respectively.

§ 3.250 [Amended]

6. In § 3.250, paragraph (d) is

amended by removing ‘‘(38 U.S.C.

102(a)(2))’’ and adding, in its place, ‘‘(38

U.S.C. 102(b)(1))’’.

§ 3.252 [Amended]

7. In § 3.252, paragraph (a) is

amended by removing ‘‘§ 3.26(b)’’ and

adding, in its place, ‘‘§ 3.26(c)’’.

§ 3.321 [Amended]

8. In § 3.321, paragraph (b)(1) is

amended by removing ‘‘Chief Benefits

Director’’ and adding, in its place,

‘‘Under Secretary for Benefits’’.

§ 3.458 [Amended]

9. In § 3.458, the authority citation

immediately following paragraph (f)(2)

is revised to read as follows:

(Authority: 38 U.S.C. 6103(b); 6104(c);

6105(a))

§ 3.460 [Amended]

10. In § 3.460, paragraph (b) is

amended by removing ‘‘Chief Benefits

Director’’ and adding, in its place,

‘‘Under Secretary for Benefits’’.

§ 3.461 [Amended]

11. In § 3.461, paragraph (b)(1) is

amended by removing ‘‘Chief Benefits

Director’’ and adding, in its place,

‘‘Under Secretary for Benefits’’.

§ 3.559 [Amended]

12. In § 3.559, paragraph (c) is

amended by removing ‘‘Chief Benefits

Director’’ and adding, in its place,

‘‘Under Secretary for Benefits’’.

§ 3.702 [Amended]

13. In § 3.702, paragraph (a) is

amended by removing ‘‘§ 3.400(c)(3)’’

and adding, in its place, ‘‘§ 3.400(c)(4)’’.

14. In § 3.702, paragraph (b) is

amended by removing ‘‘§ 3.400(c)(3)(ii)’’

and adding, in its place,

‘‘§ 3.400(c)(4)(ii)’’.

15. In § 3.852, an authority citation for

paragraphs (a), (c), (d), and (e) is added

immediately following each such

paragraph, to read as follows:

§ 3.852 Institutional awards.

(a) * * *

(Authority: 38 U.S.C. 5503(b)(3))

* * * * *

(c) * * *

(Authority: 38 U.S.C. 5307)

(d) * * *

(Authority: 38 U.S.C. 5503(b)(3))

(e) * * *

(Authority: 38 U.S.C. 5502)

* * * * *

§ 3.901 [Amended]

16. In § 3.901, the authority citation

immediately following paragraph (c) is

revised to read as follows:

(Authority: 38 U.S.C. 6103)

17. In § 3.901, the authority citation

immediately following the concluding

text of paragraph (d) is revised to read

as follows:

(Authority: 38 U.S.C. 6103)

§ 3.902 [Amended]

18. In § 3.902, the authority citation

immediately following the concluding

text of paragraph (d) is revised to read

as follows:

(Authority: 38 U.S.C. 6104)

§ 3.1612 [Amended]

19. In § 3.1612, paragraph (e)(3) is

amended by removing ‘‘Monument

Service’’ and adding, in its place,

‘‘Office of Memorial Programs’’.

[FR Doc. 96–11418 Filed 5–7–96; 8:45 am]

BILLING CODE 8320–01–P

38 CFR Part 21

RIN 2900–AH59

Educational Assistance: Technical

Amendments

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends

statutory citations in the educational

assistance regulations to reflect that the

National Defense Authorization Act for

Fiscal Year 1995 (Pub. L. 103–337)

reorganized a portion of title 10, United

States Code, by moving sections 2131

through 2137 from chapter 106 to

sections 16131 through 16137 in chapter

1606. This document also corrects

typographical errors and corrects other

citation entries. The changes made by

this document concern the Montgomery

GI Bill-Selected Reserve program, the

Montgomery GI Bill-Active Duty
20728 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations

program, the Survivors’ and

Dependents’ Educational Assistance

program, the Post-Vietnam Era Veterans’

Educational Assistance program, and

the Educational Assistance Test

program.

EFFECTIVE DATE: May 8, 1996.

FOR FURTHER INFORMATION CONTACT: June

C. Schaeffer, Assistant Director for

Policy and Program Administration,

Education Service, Veterans Benefits

Administration, (202) 273–7187.

SUPPLEMENTARY INFORMATION: This final

rule consists of nonsubstantive changes

and, therefore, is not subject to the

notice and comment and effective date

provisions of 5 U.S.C. 553.

The Secretary of Veterans Affairs

hereby certifies that this final rule will

not have a significant economic impact

on a substantial number of small entities

as they are defined in the Regulatory

Flexibility Act, 5 U.S.C. 601–612. This

final rule would not cause a significant

effect on any entity since it does not

contain any substantive provisions.

Pursuant to 5 U.S.C. 605(b), this final

rule is exempt from the initial and final

regulatory analyses requirements of

sections 603 and 604.

The Montgomery GI Bill-Selected

Reserve program and the Educational

Assistance Test program are not listed

in the Catalog of Federal Domestic

Assistance. The Catalog of Federal

Domestic Assistance numbers for other

programs affected by this final rule are

64.117, 64.120, and 64.124.

List of Subjects in 38 CFR Part 21

Administrative practice and

procedure, Armed forces, Civil rights,

Claims, Colleges and universities,

Conflict of interests, Defense

Department, Education, Employment,

Entitlement programs-education,

Entitlement programs-veterans, Health

care, Loan programs-education, Loan

programs-veterans, Manpower training

programs, Reporting and recordkeeping

requirements, Schools, Travel and

transportation expenses, Veterans,

Vocational education, Vocational

rehabilitation.

Approved: May 1, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 21 (subparts C,

D, G, H, K, L) is amended as set forth

below.

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart C—Survivors’ and

Dependents’ Educational Assistance

Under 38 U.S.C. Chapter 35

1. The authority citation for part 21,

subpart C is revised to read as follows:

Authority: 38 U.S.C. 501(a), 3500–3566,

unless otherwise noted.

§ 21.3022 [Amended]

2. In § 21.3022, paragraph (e) is

amended by removing ‘‘106’’ and

adding, in its place, ‘‘1606’’.

Subpart D—Administration of

Educational Benefits; 38 U.S.C.

Chapters 34, 35, and 36

3. The authority citation for part 21,

subpart D is revised to read as follows:

Authority: 38 U.S.C. 501(a), chs. 34, 35, 36,

unless otherwise noted.

§§ 21.4005, 21.4009, 21.4022, 21.4134,

21.4151, 21.4153, 21.4201, 21.4206, 21.4207,

21.4250, 21.4251, 21.4263 [Amended]

4. Remove ‘‘106’’ and add, in place

thereof, ‘‘1606’’ in the following places:

a. Section 21.4005(a)(1), (a)(2),

(b)(1)(ii)(d),(b)(1)(ii)(e), and (b)(2)(ii)(a);

b. Section 21.4009(c);

c. Section 21.4022(a)(6);

d. Section 21.4134(b)(1), (b)(2), and

(c)(2);

e. Section 21.4151(b)(4);

f. Section 21.4153(c)(4)(i);

g. Section 21.4201(c)(4), (e)(2),

(f)(1)(ii), and (g)(2);

h. Section 21.4206 introductory text,

(a), and (e)(1);

i. Section 21.4207 introductory text;

j. Section 21.4250(c)(2)(ii);

k. Section 21.4251(a)(6)(iii); and

l. Section 21.4263 heading and (a).

§§ 21.4134, 21.4153, 21.4201, 21.4206,

21.4207, 21.4250 [Amended]

5. Remove ‘‘2136’’ and add, in place

thereof, ‘‘16136’’ in the authority

citations following:

a. Section 21.4134(c)(2);

b. Section 21.4153(c)(4)(i);

c. Section 21.4201(g)(2) introductory

text and (g)(2)(ii);

d. Section 21.4206 (a) and (e)(1);

e. Section 21.4207 introductory text;

and

f. Section 21.4250(c)(2)(ii).

§§ 21.4005, 21.4009 [Amended]

6. Remove ‘‘2136(b)’’ and add, in

place thereof, ‘‘16136(b)’’ in the

authority citations following:

a. Section 21.4005 (a)(1) and

(b)(2)(ii)(a); and

b. Section 21.4009(c).

§ 21.4020 [Amended]

7. In § 21.4020, paragraph (a)(5) is

amended by removing ‘‘106 and 107’’

and adding, in its place, ‘‘107 and

1606’’.

§ 21.4209 [Amended]

8. In § 21.4209, paragraph (a)(1) is

amended by removing ‘‘106’’ and

adding, in its place, ‘‘1606’’, and by

removing ‘‘U.S.C., and (10 U.S.C. 2136,

38 U.S.C. 3034, 3244, 3690).’’ and

adding, in its place, ‘‘U.S.C.’’; and the

authority citation following paragraph

(a)(2) is amended by removing ‘‘38

U.S.C.’’ and adding, in its place, ‘‘10

U.S.C. 16136; 38 U.S.C. 3034, 3244,’’.

§ 21.4233 [Amended]

9. In § 21.4233, the authority citation

for paragraph (c)(1) is amended by

removing ‘‘3473(c)’’ and adding, in its

place, ‘‘3680A(c)’’.

§ 21.4263 [Amended]

10. In § 21.4263, the authority

citations following paragraphs (a)(2),

(b)(2), (c)(2), (d)(3), (e), (g)(4)(x)(A), (h)

introductory text, (h)(2), (i)(3), and (i)(4)

are amended by removing ‘‘2136(c)’’ and

adding, in place thereof, ‘‘16136(c)’’.

11. In § 21.4263, the authority citation

following paragraph (h)(3)(ii) is

amended by removing ‘‘2131’’ and

adding, in its place, ‘‘16131’’.

12. In § 21.4263, the authority

citations following paragraphs (h)(1)(iii),

(h)(4)(ii), and (h)(4)(iii) are amended by

removing ‘‘2131(g)’’ and adding, in

place thereof, ‘‘16131(g)’’.

Subpart G—Post-Vietnam Era

Veterans’ Educational Assistance

Under 38 U.S.C. Chapter 32

13. The authority citation for part 21,

subpart G is revised to read as follows:

Authority: 38 U.S.C. 501(a), ch. 32, unless

otherwise noted.

§§ 21.5040, 21.5065 [Amended]

14. Remove ‘‘106’’ and add, in place

thereof, ‘‘1606’’ in the following places:

a. Section 21.5040(h) heading, (h)

introductory text, and (h)(2); and

b. Section 21.5065(c).

Subpart H—Educational Assistance

Test Program

15. The authority citation for part 21,

subpart H is revised to read as follows:

Authority: 10 U.S.C. ch. 107; 38 U.S.C.

501(a), 3695, 5101, 5113, 5303A; 42 U.S.C.

2000; sec. 901, Pub. L. 96–342, 94 Stat. 1111–

1114, unless otherwise noted.

§ 21.5720 [Amended]

16. In § 21.5720, the authority citation

following paragraph (c)(3) is amended

by removing ‘‘1072(2)(E) 2147(d)(1)’’
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations 20729

and adding, in its place, ‘‘1072(2)(D),

2147(d)(1)’’.

§ 21.5741 [Amended]

17. In § 21.5741, paragraph (c)(3)(ii) is

amended by removing ‘‘106’’ and

adding, in its place, ‘‘1606’’.

§ 21.5835 [Amended]

18. In § 21.5835, the authority citation

following paragraph (f) is amended by

removing ‘‘2143(c)2144’’ and adding, in

its place, ‘‘2143(c), 2144’’.

Subpart K—All Volunteer Force

Educational Assistance Program (New

GI Bill)

19. The authority citation for part 21,

subpart K is revised to read as follows:

Authority: 38 U.S.C. 501(a), ch. 30, unless

otherwise noted.

§ 21.7042 [Amended]

20. In § 21.7042, paragraphs (d)(2)

introductory text, (d)(2)(i)(B), and (d)(3)

are amended by removing ‘‘106’’ and

adding, in place thereof, ‘‘1606’’; and

the authority citation following

paragraph (d)(3) is amended by

removing ‘‘3033(c), 10 U.S.C. 2132’’ and

adding, in its place, ‘‘3033(c)’’.

§ 21.7142 [Amended]

21. In § 21.7142, paragraph (a)(4) is

amended by removing ‘‘106’’ and

adding, in its place, ‘‘1606’’.

Subpart L—Educational Assistance for

Members of the Selected Reserve

22. The authority citation for part 2l,

subpart L is revised to read as follows:

Authority: 10 U.S.C. ch. 1606; 38 U.S.C.

501(a), ch. 36, unless otherwise noted.

§§ 21.7520, 21.7540, 21.7603, 21.7610,

21.7612, 21.7622, 21.7630, 21.7640, 21.7642,

21.7644, 21.7658, 21.7801, 21.7805, 21.7807,

21.7810 [Amended]

23. Remove ‘‘106’’ and add, in place

thereof, ‘‘1606’’ in the following places:

a. Section 21.7520 introductory text,

(a)(1), and (b)(14)(iii);

b. Section 21.7540(b)(1), (b)(2), and

(c);

c. Section 21.7603;

d. Section 21.7610(b) introductory

text;

e. Section 21.7612(b);

f. Section 21.7622(c);

g. Section 21.7630;

h. Section 21.7640(b)(1) and (c)(2);

i. Section 21.7642(a) introductory

text;

j. Section 21.7644(a) and (d)(2);

k. Section 21.7658(a);

l. Section 21.7801 (a) and (b);

m. Section 21.7805;

n. Section 21.7807; and

o. Section 21.7810(b) introductory

text.

§§ 21.7520, 21.7610, 21.7620, 21.7622,

21.7640 [Amended]

24. Remove ‘‘2131’’ and add, in place

thereof, ‘‘16131’’ in the authority

citations following:

a. Section 21.7520(a)(2) and (b)(13);

b. Section 21.7610(a);

c. Section 21.7620(a);

d. Section 21.7622(b); and

e. Section 21.7640(a)(2).

§§ 21.7500, 21.7650 [Amended]

25. Remove ‘‘2131(a)’’ and add, in

place thereof, ‘‘16131(a)’’ in the

authority citations following:

a. Section 21.7500; and

b. Section 21.7650.

§§ 21.7520, 21.7630, 21.7635, 21.7636,

21.7670 [Amended]

26. Remove ‘‘2131(b)’’ and add, in

place thereof, ‘‘16131(b)’’ in the

authority citations following:

a. Section 21.7520 (b)(6), (b)(7), (b)(22)

and (b)(28);

b. Section 21.7630.

c. Section 21.7635(f)(2), (g)(2), and

(h)(2);

d. Section 21.7636(a); and

e. Section 21.7670(a)(4), (b)(2)(iii),

and (c)(2)(iii).

§§ 21.7570, 21.7635 [Amended]

27. Remove ‘‘2131(c)’’ and add, in

place thereof, ‘‘16131(c)’’ in the

authority citations following:

a. Section 21.7570; and

b. Section 21.7635(l).

§§ 21.7550, 21.7635 [Amended]

28. Remove ‘‘2133’’ and add, in place

thereof, ‘‘16133’’ in the authority

citations following:

a. Section 21.7550 (a)(2) and (a)(3);

and

b. Section 21.7635(m).

§§ 21.7532, 21.7551 [Amended]

29. Remove ‘‘2133(b)(2)’’ and add, in

place thereof, ‘‘16133(b)(2)’’ in the

authority citations following:

a. Section 21.7532(e)(2); and

b. Section 21.7551(a)(2), (b)(2)(ii), and

(c)(2)(ii).

§§ 21.7635, 21.7642, 21.7802 [Amended]

30. Remove ‘‘2134’’ and add, in place

thereof, ‘‘16134’’ in the authority

citations following:

a. Section 21.7635 (o) and (p);

b. Section 21.7642(c); and

c. Section 21.7802(c).

§§ 21.7520, 21.7530, 21.7532, 21.7600,

21.7610, 21.7612, 21.7614, 21.7622, 21.7631,

21.7633, 21.7635, 21.7639, 21.7640, 21.7642,

21.7644, 21.7652, 21.7653, 21.7656, 21.7658,

21.7659, 21.7672, 21.7673, 21.7674, 21.7700,

21.7801, 21.7805, 21.7807 [Amended]

31. Remove ‘‘2136(b)’’ and add, in

place thereof, ‘‘16136(b)’’ in the

authority citations following:

a. Section 21.7520(b)(3), (b)(4), (b)(5),

(b)(8), (b)(9), (b)(10), (b)(11),

(b)(12)(ii)(C), (b)(15), (b)(16), (b)(18),

(b)(21), (b)(24), (b)(25), and (b)(26);

b. Section 21.7530 (a), (b), and (c);

c. Section 21.7532 (a), (b), (c), (d), and

(f);

d. Section 21.7600(a)(5), (b)(3)(iii),

(c)(2), and (d);

e. Section 21.7610(b)(4);

f. Section 21.7612(b);

g. Section 21.7614;

h. Section 21.7622(a), (c), (d)(3), and

(e);

i. Section 21.7631(a)(4), (d), and (f)(2);

j. Section 21.7633;

k. Section 21.7635(b)(1), (b)(2)(ii),

(c)(2)(ii)(C), (c)(3), (d)(2), (e)(2), (i), (j),

(k)(2)(iii), and (n)(2);

l. Section 21.7639(b)(1)(B), (c)(3),

(d)(3)(ii), and (e);

m. Section 21.7640(b)(3), (c)(2),

(d)(6)(ii), (e), and (f);

n. Section 21.7642(b) and (d)(3);

o. Section 21.7644(a), (c)(2)(ii), and

(d)(2);

p. Section 21.7652(a)(5), (b)(3)(ii), and

(c)(2)(vi);

q. Section 21.7653 (a) and (b);

r. Section 21.7656 (a)(3) and (b)(2);

s. Section 21.7658(a) and (b)(2);

t. Section 21.7659;

u. Section 21.7672(a)(4), (b)(2)(ii)(C),

(c)(2)(ii), (c)(4), and (e)(2)(iv);

v. Section 21.7673(b)(2) and (c)(2);

w. Section 21.7674(a)(2), (b), and (c);

x. Section 21.7700;

y. Section 21.7801 (a) and (b);

z. Section 21.7805; and

aa. Section 21.7807.

§ 21.7520 [Amended]

32. In § 21.7520, the authority citation

following paragraph (b)(2) is amended

by removing ‘‘2136(b)’’ and adding, in

its place, ‘‘16136(b);’’.

§ 21.7540 [Amended]

33. In § 21.7540, the authority citation

following paragraph (b)(2) is amended

by removing ‘‘2132’’ and adding, in its

place, ‘‘16132’’ and the authority

citation following paragraph (c) is

amended by removing ‘‘2132(d), 2134’’

and adding, in its place, ‘‘16132(d),

16134’’.

§ 21.7550 [Amended]

34. In § 21.7550, the authority citation

following paragraph (b)(2)(ii) is

amended by removing ‘‘2133(b)(1)’’ and

adding, in place thereof, ‘‘16133(b)(1)’’

and the authority citation following

paragraph (c) is amended by removing

‘‘2133(b)’’ and adding, in place thereof,

‘‘16133(b)’’.

§ 21.7576 [Amended]

35. In § 21.7576, the authority

citations following paragraphs (c)(3)(iv)
20730 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations

1The 1990 Amendments to the Clean Air Act

made significant changes to the Act. See Public Law

No. 101–549, 104 Stat. 2399. References herein are

to the Clean Air Act as amended (‘‘Act’’ or ‘‘CAA’’),

which is codified at 42 U.S.C. § 7401 et seq.

2Many of these other areas were identified in

footnote 4 of the October 31, 1990 Federal Register

notice.

and (d)(4) are amended by removing

‘‘2133(c)’’ and adding, in place thereof,

‘‘16133(c)’’ and the authority citation

following paragraph (e)(2) is amended

by removing ‘‘2131(c)(3)(A)’’ and

adding, in place thereof,

‘‘16131(c)(3)(A)’’.

§ 21.7639 [Amended]

36. In § 21.7639, the authority citation

following paragraph (b)(2) is amended

by removing ‘‘2130(b)’’ and adding, in

place thereof, ‘‘16136(b)’’.

§ 21.7644 [Amended]

37. In § 21.7644, the authority citation

following paragraph (b)(2) is amended

by removing ‘‘2135’’ and adding, in

place thereof, ‘‘16135’’.

[FR Doc. 96–11419 Filed 5–7–96; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[ID5–2–7505; FRL–5500–4]

Attainment Extensions for PM–10

Nonattainment Areas: Idaho

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: In the August 28, 1995

Federal Register, EPA identified two

nonattainment areas in the State of

Idaho which failed to attain the National

Ambient Air Quality Standards

(NAAQS) for particulate matter with an

aerodynamic diameter of less than or

equal to ten micrometers (PM–10) by the

applicable attainment date of December

31, 1994: the Power-Bannock Counties

PM–10 nonattainment area and the

Sandpoint PM–10 nonattainment area.

In that same Federal Register, EPA

proposed to grant a one-year extension

to the attainment date for those areas,

from December 31, 1994 to December

31, 1995. EPA, by this document, grants

the extensions.

EFFECTIVE DATE: This final rule is

effective June 7, 1996.

ADDRESSES: Copies of the State’s request

and other information supporting this

action are available for inspection

during normal business hours at the

following locations: EPA, Office of Air

Quality, 1200 Sixth Avenue, Seattle,

Washington 98101, and State of Idaho,

Division of Environmental Quality, 1410

N. Hilton, Boise, Idaho 83710.

FOR FURTHER INFORMATION CONTACT:

Steven K. Body, 206/553–0782, EPA,

Office of Air Quality, Seattle,

Washington.

SUPPLEMENTARY INFORMATION:

I. Background

Clean Air Act Requirements

Areas meeting the requirements of

section 107(d)(4)(B) of the Act 1 were

designated nonattainment for

particulate matter with an aerodynamic

diameter of less than or equal to ten

micrometers by operation of law and

classified ‘‘moderate’’ upon enactment

of the 1990 Clean Air Act Amendments.

See generally 42 U.S.C. section

7407(d)(4)(B). These areas included all

former Group I PM–10 planning areas

identified in 52 FR 29383 (August 7,

1987) as further clarified in 55 FR 45799

(October 31, 1990), and any other areas

violating the National Ambient Air

Quality Standards for PM–10 prior to

January 1, 1989.2 A Federal Register

notice announcing the areas designated

nonattainment for PM–10 upon

enactment of the 1990 Amendments,

known as ‘‘initial’’ PM–10

nonattainment areas, was published on

March 15, 1991 (56 FR 11101) and a

subsequent Federal Register notice

correcting the description of some of

these areas was published on August 8,

1991 (56 FR 37654). See 56 FR 56694

(November 6, 1991) and 40 CFR 81.313

(codified air quality designations and

classifications for the State of Idaho).

All initial moderate PM–10

nonattainment areas have the same

applicable attainment date of December

31, 1994.

States containing initial moderate

PM–10 nonattainment areas were

required to develop and submit to EPA

by November 15, 1991, a SIP revision

providing for, among other things,

implementation of reasonably available

control measures (RACM), including

reasonably available control technology

(RACT), and a demonstration of whether

attainment of the PM–10 NAAQS by the

December 31, 1994 attainment date was

practicable. See Section 189(a).

The Act provides the Administrator

the discretion of granting a one-year

extension to the attainment date for a

moderate PM–10 nonattainment area

provided certain criteria are met. See

Section 188(d). The statute sets forth

two criteria a moderate nonattainment

area must satisfy in order to obtain an

extension: (1) the State has complied

with all the requirements and

commitments pertaining to the area in

the applicable implementation plan;

and (2) the area has no more than one

exceedance of the 24-hour PM–10

standard in the year preceding the

extension year, and the annual mean

concentration of PM–10 in the area for

the year preceding the extension year is

less than or equal to the standard. See

Section 188(d). As discussed in the

August 28, 1995 Federal Register

document (60 FR 44452), in exercising

its discretion to grant extensions for

PM–10 nonattainment areas, EPA will

examine the air quality planning

progress made in the moderate area.

EPA will be disinclined to grant an

attainment date extension unless a State

has, in substantial part, addressed its

moderate PM–10 nonattainment area

planning obligations as evidenced by

whether the State has: (1) adopted and

substantially implemented control

measures that represent RACM/RACT in

the moderate nonattainment area; and

(2) demonstrated that the area has made

emission reductions amounting to

reasonable further progress toward

attainment of the PM–10 NAAQS as

defined in section 171(1) of the Act. See

60 FR 44453.

If the State does not have the requisite

number of years of clean air quality data

to show attainment and does not apply

or qualify for an attainment date

extension, the area will be reclassified

to serious by operation of law under

section 188(b)(2) of the Act. If an

extension to the attainment date is

granted, at the end of the extension year

EPA will again determine whether the

area has attained the PM–10 NAAQS. If

the requisite three consecutive years of

clean air quality data needed to

determine attainment are not met for the

area, the State may apply for a second

one-year extension of the attainment

date. In order to qualify for the second

one-year extension of the attainment

date, the State must satisfy the same

requirements listed above for the first

extension. EPA will also consider the

State’s PM–10 planning progress for the

area in the year for which the first

extension was granted. If a second

extension is granted and the area does

not have the requisite three consecutive

years of clean air quality data needed to

demonstrate attainment at the end of the

second extension, no further extensions

of the attainment date can be granted

and the area will be reclassified serious

by operation of law. See section 188(d).

On August 28, 1995, EPA determined,

based on air quality data showing

violations of the PM–10 NAAQS during

the period from 1992 through 1994, that

the Power-Bannock Counties PM–10

nonattainment area and Sandpoint PM–

10 nonattainment area have each failed