18958 Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations

05′ 47′′ W), or at the mouth of the

Wilmington River and proceed to the

Savannah River via the Intracoastal

Waterway (ICW) and thence westerly to

the Highway 17A bridge. All

coordinates referenced use Datum: NAD

1983.

(b) Effective date. This section is

effective at 6 p.m. and expires at 10 p.m.

EDT on July 9, 1996, unless terminated

sooner by the Captain of the Port,

Savannah, GA.

(c) Regulations. In accordance with

the general regulations in Section

165.23 of this part, entry into the zone

is subject to the following requirements:

(1) This safety zone is closed to all

marine traffic, except as may be

permitted by the Captain of the Port or

his representative.

(2) The ‘‘representative of the Captain

of the Port’’ is any Coast Guard

commissioned, warrant or petty officer

who has been designated by the Captain

of the Port, Savannah, GA, to act on his

behalf regardless of the support

platform.

(3) Vessel operators desiring to enter

or operate within the safety zone shall

contact the Captain of the Port or his

representative to obtain permission to

do so. Vessel operators given permission

to enter or operate in the safety zone

shall comply with all directions given

them by the Captain of the Port or his

Representative.

(4) The Captain of the Port may be

contacted by telephone via the

Command Duty Officer at (912) 652–

4353. Vessels assisting in the

enforcement of the safety zone may be

contacted on VHF–FM channels 16 or

81, or vessel operators may determine

the restrictions in effect for the safety

zone by coming alongside a vessel

patrolling the perimeter of the safety

zone.

(5) The Captain of the Port will issue

a Marine Safety Information Broadcast

Notice to Mariners to notify the

maritime community of the safety zone

and restrictions imposed. Coast Guard

vessels enforcing the zones will have

informational handouts. Information

will also be available at local marinas.

4. A new temporary § 165.T07–078 is

added to read as follows:

§ 165.T07–078 Safety Zone: Savannah

River, Savannah, GA.

(a) Location. The following area is a

safety zone: All waters within a 50 yards

radius around a fireworks barge in the

vicinity of Rousakis Plaza, Savannah

River, Savannah, GA at an approximate

position of 32°04′.55 N, 81°05′.27 W. All

coordinates referenced use Datum: NAD

1983. The Savannah River will be

closed to all vessel transits, during the

actual fireworks display.

(b) Effective date. This section is

effective at 9:15 p.m. and expires at 11

p.m. EDT on July 4, 1996, unless

terminated sooner by the Captain of the

Port, Savannah, GA.

(c) Regulations. In accordance with

the general regulations in Section

165.23 of this part, entry into the zone

is subject to the following requirements:

(1) This safety zone is closed to all

marine traffic, except as may be

permitted by the Captain of the Port or

his representative.

(2) The ‘‘representative of the Captain

of the Port’’ is any Coast Guard

commissioned, warrant or petty officer

who has been designated by the Captain

of the Port, Savannah, GA, to act on his

behalf regardless of the support

platform.

(3) Vessel operators desiring to enter

or operate within the safety zone shall

contact the Captain of the Port or his

representative to obtain permission to

do so. Vessel operators given permission

to enter or operate in the safety zone

shall comply with all directions given

them by the Captain of the Port or his

representative.

(4) The Captain of the Port may be

contacted by telephone via the

Command Duty Officer at (912) 652–

4353. Vessels assisting in the

enforcement of the safety zone may be

contacted on VHF–FM channels 16 or

81, or vessel operators may determine

the restrictions in effect for the safety

zone by coming alongside a vessel

patrolling the perimeter of the safety

zone.

(5) The Captain of the Port will issue

a Marine Safety Information Broadcast

Notice to Mariners to notify the

maritime community of the safety zone

and restrictions imposed. Coast Guard

vessels enforcing the zones will have

informational handouts. Information

will also be available at local marinas.

Dated: April 23, 1996.

Roger T. Rufe, Jr.,

Rear Admiral, U.S. Coast Guard, Commander,

Seventh Coast Guard District.

[FR Doc. 96–10556 Filed 4–29–96; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IA 003–1003; FRL–5455–4]

Approval and Promulgation of

Implementation Plans and Delegation

of 112(l); State of Iowa

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: On August 4, 1995, the EPA

published a proposed rulemaking to

approve Iowa’s voluntary operating

permit program to serve as an

alternative for sources otherwise subject

to Title V of the Clean Air Act (the Act).

No adverse comments were received on

the proposed rulemaking. The EPA is

now taking final action to approve this

program.

EFFECTIVE DATE: This rule will become

effective on May 30, 1996.

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; and

EPA Air & Radiation Docket and

Information Center, 401 M Street, SW.,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Christopher D. Hess at (913) 551–7213.

SUPPLEMENTARY INFORMATION: At 60 FR

39907, dated August 4, 1995, the EPA

published a proposed rulemaking to

approve Iowa’s voluntary operating

permit program as part of the State

Implementation Plan (SIP) and pursuant

to section 112(l) of the Act. This

program serves as an alternative for

sources which might otherwise be

subject to Title V. In Section V of the

August 4, 1995, Federal Register

document proposing approval of Iowa’s

program, the EPA cited four regulatory

deficiencies for the state to correct in

order for EPA to proceed with final

rulemaking. These four deficiencies

concerned the definition of 12-month

rolling period; fugitive emissions;

eligibility for a voluntary permit; and a

requirement that permit limitations,

controls, and requirements be

enforceable as a practical matter. The

state adopted these changes and

submitted them to the EPA under the

signature of Larry Wilson, Director,

Iowa Department of Natural Resources,

on February 16, 1996. For further

information on these items, the reader

should consult the proposed rulemaking

and the technical support document.
Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations 18959

In a subsequent matter not

contemplated in the proposed

rulemaking, the state has made one

regulatory change concerning when a

source shall apply for a voluntary

operating permit. In the original rule,

the date of March 1, 1995, was

specified. However, due to the delay in

receiving approval of the program, the

state revised its rule at 22.203(1)a(1) to

read that applications are due 90 days

after approval of the state’s Title V

program (October 1, 1995).

This change became effective on

February 24, 1995, and was submitted to

the EPA under the Director’s signature

on February 27, 1996. This change is

approvable by the EPA because it is

noncontroversial and it precludes

sources from the tenuous position of

applying for a program not yet approved

(which the original rule did not

anticipate).

EPA Action

The EPA is taking final action to

approve revisions submitted on

December 8, 1994; February 16, 1996;

and February 27, 1996, for the state of

Iowa. This action makes the state’s

program a federally enforceable part of

the SIP, and also makes such permits

federally enforceable for hazardous air

pollutants by means of EPA’s approval

under section 112(l).

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.

SIP approvals under section 110 and

subchapter I, Part D of the Clean Air Act

(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, the 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 the EPA to base its

actions concerning SIPs on such

grounds (Union Electric Co. v. U.S.

E.P.A., 427 U.S. 246, 256–66 (S.Ct.

1976); 42 U.S.C. 7410(a)(2)).

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 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 has exempted this

regulatory action from E.O. 12866

review.

Unfunded Mandates

Under sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘Unfunded Mandates Act’’),

signed into law on March 22, 1995, the

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. The 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. The 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 July 1, 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, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides, Volatile organic compounds.

Dated: March 25, 1996.

William Rice,

Acting 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 Q—Iowa

2. Section 52.820 is amended by

adding paragraph (c)(63) to read as

follows:

§ 52.820 Identification of plan.

* * * * *

(c) * * *

(63) On December 8, 1994; February

16, 1996; and February 27, 1996, the

Director of the Iowa Department of

Natural Resources submitted revisions

to the State Implemenation Plan (SIP) to

create a voluntary operating permit

program as an alternative to Title V.

These revisions strengthen maintenance

of established air quality standards.

(i) Incorporation by reference.

(A) ‘‘Iowa Administrative Code,’’

sections 567–22.200–22.208, effective

December 14, 1994. These rules create

the voluntary operating permit program.

(B) ‘‘Iowa Administrative Code,’’

sections 567–22.201(1)‘‘a’’ and

22.206(1)‘‘h’’, effective January 11, 1995.

(C) ‘‘Iowa Administrative Code,’’

section 567–22.203(1)‘‘a’’(1), effective

February 24, 1995.

(D) ‘‘Iowa Administrative Code,’’

sections 567–20.2; 22.200; 22.201(1)‘‘a’’

and ‘‘b’’; 22.201(2)‘‘a’’; and

22.206(2)‘‘c’’, effective October 18, 1995.

(ii) Additional material.

(A) Letter from Allan E. Stokes, Iowa

Department of Natural Resources, to

William A. Spratlin, U.S. EPA, dated

February 16, 1995. This letter outlines

various commitments by the state to

meet requirements outlined by the EPA.

[FR Doc. 96–10568 Filed 4–29–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[CA153–2–7274a FRL–5459–3]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision; Ventura

County Air Pollution Control District;

Sacramento Metropolitan Air Quality

Management Division; Placer County

Air Pollution Control District

AGENCY: Environmental Protection

Agency (EPA).