Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations 18259

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.

Dated: April 5, 1996.

Valdas V. Adamkus,

Regional Administrator.

For the reasons stated in the

preamble, 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 YY—Wisconsin

2. Section 52.2570 is amended by

adding paragraph (c)(93) to read as

follows:

§ 52.2570 Identification of plan.

* * * * *

(c) * * *

(93) A revision to the ozone State

Implementation Plan (SIP) was

submitted by the Wisconsin Department

of Natural Resources on December 11,

1995 and later supplemented on January

12, 1996. This revision consists of a

volatile organic compound regulation

that establishes reasonably available

control technology for facilities that use

industrial adhesives.

(i) Incorporation by reference. The

following sections of the Wisconsin

Administrative Code are incorporated

by reference.

(A) NR 422.02(1e), (1m) and (28j) as

created and published in the

(Wisconsin) Register, August, 1995, No.

476, effective September 1, 1995.

(B) NR 422.127 as created and

published in the (Wisconsin) Register,

August, 1995, No. 476, effective

September 1, 1995.

(C) NR 422.132(1)(c) as repealed,

recreated and published in the

(Wisconsin) Register, August, 1995, No.

476, effective September 1, 1995.

[FR Doc. 96–10129 Filed 4–24–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[FL–64–2–9611a; FRL–5444–4]

Approval and Promulgation of

Implementation Plans, Florida:

Approval of Revisions to the Florida

SIP

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to

the Florida State Implementation Plan

(SIP) submitted by the State of Florida

through the Florida Department of

Environmental Protection (FDEP) on

April 24, 1995. This submittal includes

amendments to the federally enforceable

state operating permit program and the

SIP regulations for perchloroethylene

dry cleaning facilities.

DATES: This final rule will be effective

June 24, 1996 unless adverse or critical

comments are received by May 28, 1996.

If the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Written comments on this

action should be addressed to Joey

LeVasseur, at the EPA Regional Office

listed below. Copies of the documents

relative to this action are available for

public inspection during normal

business hours at the following

locations.

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection

Agency, 401 M Street SW.,

Washington, DC 20460.

EPA, Region 4 Air Programs Branch, 345

Courtland Street NE., Atlanta, Georgia

30365.

Florida Department of Environmental

Protection, Twin Towers Office

Building, 2600 Blair Stone Road,

Tallahassee, Florida 32399–2400.

FOR FURTHER INFORMATION CONTACT:

Interested persons wanting to examine

documents relative to this action should

make an appointment with the Region 4

Air Programs Branch at least 24 hours

before the visiting day. To schedule the

appointment or to request additional

information, contact Joey LeVasseur,

Regulatory Planning and Development

Section, Air Programs Branch, Air,

Pesticides & Toxics Management

Division, Region 4 EPA, 345 Courtland

Street, NE., Atlanta, Georgia 30365. The

telephone number is 404/347–3555 ext.

4215. Reference file FL64–2–9611a.

SUPPLEMENTARY INFORMATION: EPA is

approving revisions to the Florida SIP

submitted by the State of Florida

through the FDEP on April 24, 1995.

These revisions amend the federally

enforceable state operating permit

program and the SIP regulations for

perchloroethylene dry cleaning

facilities. The following is a description

of the revisions. The regulations are

more fully discussed in the official SIP

submittal that is available at the Region

IV office listed under the ADDRESSES

section of this notice.

62–210.200 and 62.296.200

These sections were updated to

include ‘‘emission control equipment’’

within the definition of ‘‘dry cleaning

facility,’’ for consistency with the

definitions and requirements of the Title

V program.

62–210.300(2)(b)

This section previously was unclear

and was revised to clarify the

requirements for federally enforceable

state operating permits (FESOPs).

62–210.300(4)

This section was revised to provide a

temporary exemption to area source dry

cleaning facilities from the State’s minor

source preconstruction review

requirements.

62–296.412

This section was revised to update the

applicable requirements for

perchloroethylene dry cleaning

facilities. The amendments make it clear

that perchloroethylene facilities which

have not yet been permitted under Title

V continue to be subject to the

requirements of this section in the

interim.

Final Action

In this action, EPA is approving the

revision to the SIP submitted by the

State of Florida through the FDEP on

April 24, 1995. The EPA is publishing

this rule making without a prior

proposal for approval because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective June 24, 1996

unless, within 30 days of its

publication, adverse or critical

comments are received.

If the EPA receives such comments,

this action will be withdrawn before the
18260 Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received will then be

addressed in a subsequent final rule

based on the separate 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. If no

such comments are received, the public

is advised that this action will be

effective June 24, 1996.

Under section 307(b)(1) of the Clean

Air Act (CAA), 42 U.S.C. 7607(b)(1),

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

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) of the CAA, 42 U.S.C.

7607(b)(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.

Nothing in this action shall be

construed as permitting or allowing or

establishing a precedent for any future

request for a 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.

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 include small

businesses, small not-for-profit

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, I

certify 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.

section 7410(a)(2) and 7410(k)(3).

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, 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 state

implementation plan or plan revision,

the State and any affected local or tribal

governments have elected to adopt the

program provided for under Section 110

of the CAA. These rules may bind State,

local and tribal governments to perform

certain actions and also require the

private sector to perform certain duties.

EPA has examined whether the rules

being approved by this action will

impose no new requirements, since

such sources are already subject to these

regulations under State law.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action, and therefore there will be no

significant impact on a substantial

number of small entities.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements.

Dated: January 29, 1996.

Phyllis P. Harris,

Acting Regional Administrator.

Part 52 of chapter I, title 40, 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 K—Florida

2. Section 52.520, is amended by

adding paragraph (c)(94) to read as

follows:

§ 52.520 Identification of plan.

* * * * *

(c) * * *

(94) Revisions to the Florida SIP

regarding perchloroethylene dry

cleaning facilities submitted on April

24, 1995.

(i) Incorporation by reference.

Sections 62–210.200(17) and (48)(c);

62–210.300(2)(b) and (4); 62–

296.200(58); and 62–296.412 of the

F.A.C., effective April 18, 1995.

(ii) Other material. None.

[FR Doc. 96–10127 Filed 4–24–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 60 and 61

[AD–FRL 5407–4]

Standards of Performance for New

Stationary Sources National Emission

Standards for Hazardous Air Pollutants

Addition of Method 29 to Appendix A

of Part 60 and Amendments to Method

101A of Appendix B of Part 61

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule adds Method 29,

‘‘Determination of Metals Emissions

from Stationary Sources,’’ to Appendix

A of Part 60, and makes amendments to

Method 101A of Appendix B of Part 61.

Method 29 is being added so that it can

be used to determine cadmium, lead,

and mercury emissions from municipal

waste combustors (MWC) under subpart

Ea of part 60. The amendments to

Method 101A of appendix B of part 61

are to expand that method’s

applicability, and to revise procedures

for handling and analyzing samples

collected by the sampling train.

EFFECTIVE DATE: April 25, 1996.

Incorporation by Reference. The

incorporation by reference of certain

publications listed in the regulation is

approved by the Director of the Office

of the Federal Register April 25, 1996.

ADDRESSES: Docket. Docket No. A–94–

28, containing materials relevant to this

rulemaking, is available for public

inspection and copying between 8:30

a.m. and Noon, and 1:30 and 3:30 p.m.,