Federal Register / Vol. 61, No. 83 / Monday, April 29, 1996 / Rules and Regulations 18681

Secretary has determined, pursuant to 5

U.S.C. 553(b)(B), that public comment is

unnecessary and contrary to the public

interest.

Paperwork Reduction Act of 1980

These regulations have been

examined under the Paperwork

Reduction Act of 1980 and have been

found to contain no information

collection requirements.

Assessment of Educational Impact

Based on its own review, the

Department has determined that the

regulations in this document do not

require transmission of information that

is being gathered by or is available from

any other agency or authority of the

United States.

List of Subjects

34 CFR Part 11

Administrative practice and

procedure, Advisory committees.

34 CFR Part 50

Cultural exchange programs, Foreign

residence requirements, Reporting and

recordkeeping requirements.

34 CFR Part 302

Education of handicapped,

Elementary and secondary education,

Grant programs-education.

34 CFR Part 358

Education of handicapped,

Educational research, Grant programseducation.

34 CFR Part 631

Colleges and universities, Grant

programs-education, Student aid.

34 CFR Part 632

Colleges and universities, Grant

programs-education, Student aid.

34 CFR Part 633

Colleges and universities, Grant

programs-education, Student aid.

34 CFR Part 634

Colleges and universities, Grant

programs-education, Student aid.

34 CFR Part 635

Colleges and universities, Grant

programs-education, Student aid.

34 CFR Part 653

Grant programs-education, Student

aid, Teachers.

34 CFR Part 769

Grant programs-education, Libraries.

34 CFR Part 770

Grant programs-education, Libraries.

34 CFR Part 771

Grant programs-education, Libraries.

34 CFR Part 772

Grant programs-education, Libraries.

34 CFR Part 776

Grant programs-education, Libraries.

34 CFR Part 777

Grant programs-education, Libraries.

34 CFR Part 785

Educational research, Grant programseducation.

34 CFR Part 786

Adult education, Colleges and

universities, Educational research, Grant

programs-education, Elementary and

secondary education.

34 CFR Part 787

Educational research, Grant-programs

education, Teachers.

34 CFR Part 788

Educational research, Grant programseducation, States.

34 CFR Part 789

Educational research, Elementary and

secondary education, Grant programseducation, Private schools.

34 CFR Part 791

Elementary and secondary education,

Grant programs-education, Students.

Dated: April 23, 1996.

Richard W. Riley,

Secretary of Education.

(Catalog of Federal Domestic Assistance

numbers do not apply.)

For reasons stated in the preamble,

under the authority at 20 U.S.C. 1221e–

3, the Secretary amends Title 34 of the

Code of Federal Regulations by

removing Parts 11, 50, 302, 358, 631,

632, 633, 634, 635, 653, 769, 770, 771,

772, 776, 777, 785, 786, 787, 788, 789,

and 791.

[FR Doc. 96–10473 Filed 4–26–96; 8:45 am]

BILLING CODE 4000–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[WI57–01–7105a, WI58–01–7106a, WI59–01–

7107a; FRL–5424–2]

Approval and Promulgation of State

Implementation Plan; Wisconsin;

Gasoline Storage Tank Vent Pipe,

Traffic Marking Materials, and Solvent

Metal Cleaning SIP Revisions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving,

through the direct final procedure,

revisions to the Wisconsin State

Implementation Plan (SIP) for ozone

that were submitted on February 17,

1995 and April 12, 1995. These

revisions require the control of volatile

organic compound (VOC) emissions

from the following sources: gasoline

storage tanks, the application of traffic

marking materials, and solvent metal

cleaning operations. These regulations

were submitted to generate reductions

in VOC emissions, which the State will

use to fulfill the 15 percent requirement

of the amended Clean Air Act. In the

proposed rules section of this Federal

Register, the EPA is proposing approval

of, and soliciting comments on, these

requested SIP revisions. If adverse

comments are received on this action,

the EPA will withdraw this final rule

and address the comments received in

response to this action in a final rule on

the related proposed rule, which is

being published in the proposed rules

section of this Federal Register. A

second public comment period will not

be held. Parties interested in

commenting on this action should do so

at this time. This approval makes

federally enforceable the State’s rules

that have been incorporated by

reference.

DATES: This action will be effective June

28, 1996, unless adverse comments are

received by May 29, 1996. If the

effective date is delayed, timely notice

will be published in the Federal

Register.

ADDRESSES: Written comments should

be sent to: Carlton T. Nash, Chief,

Regulation Development Section, Air

Toxics and Radiation Branch (AT–18J),

U.S. Environmental Protection Agency,

77 West Jackson Boulevard, Chicago,

Illinois 60604.

Copies of the proposed SIP revision

and EPA’s analysis are available for

inspection at the U.S. Environmental

Protection Agency, Region 5, Air and

Radiation Division, 77 West Jackson
18682 Federal Register / Vol. 61, No. 83 / Monday, April 29, 1996 / Rules and Regulations

Boulevard, Chicago, Illinois 60604.

(Please telephone Douglas Aburano at

(312) 353–6960 before visiting the

Region 5 Office.)

FOR FURTHER INFORMATION CONTACT:

Douglas Aburano, Environmental

Engineer, Regulation Development

Section, Air Toxics and Radiation

Branch (AT–18J), U.S. Environmental

Protection Agency, Region 5, Chicago,

Illinois 60604, (312) 353–6960.

SUPPLEMENTARY INFORMATION:

I. Background

Section 182(b) of the Clean Air Act, as

amended on November 15, 1990, sets

forth the requirements for ozone

nonattainment areas that have been

classified as moderate or above. Section

182(b)(1)(A) requires those States with

ozone nonattainment areas classified as

moderate or above to submit plans to

reduce VOC emissions by at least 15

percent from the 1990 baseline

emissions. The 1990 baseline, as

described by EPA’s emission inventory

guidance, is the amount of

anthropogenic VOC emissions emitted

on a typical summer day. As a part of

its 15 percent plan, the State of

Wisconsin has developed and adopted

rules to reduce the VOC emissions from

gasoline storage tanks, the application of

traffic marking materials, and solvent

metal cleaning operations in those areas

of the State that are classified as

moderate or higher.

II. Evaluation of State Submittal

On November 15, 1993, the State of

Wisconsin submitted its proposed 15

percent plan. The 15 percent plan

submittal was followed by several

submittals that are the actual regulations

that will achieve the reductions

required by the 15 percent plan. The

State’s regulations are summarized

below.

A. Gasoline Storage Tank Vent Pipe

Rule—NR 420.035

Wisconsin submitted this regulation

to the EPA on February 17, 1995 and

supplemented it on June 14, 1995, as a

SIP revision under the signature of the

Governor’s designee. The EPA found

this rule to be complete in a letter to

Donald Theiler, Director of WDNR’s

Bureau of Air Management, dated June

29, 1995. The WDNR followed the

required legal procedures for adopting

this rule which are prerequisites for

EPA to consider including this rule in

Wisconsin’s federally enforceable ozone

SIP. A public hearing for this rule was

held on January 12, 1994.

Wisconsin has adopted a rule that

requires gasoline storage tanks with a

storage capacity of 2,000 gallons, or

greater, to install pressure vacuum

valves on the vent pipes. Evaporative

emissions will readily escape through

the gasoline storage tank vent pipe if the

pipe has no control device to prevent

this. These pressure vacuum valves will

control evaporative VOC emissions from

the storage tanks.

B. Traffic Marking Materials Rule—NR

422.17

Wisconsin submitted this regulation

to EPA on April 12, 1995 and

supplemented it on June 14, 1995, as a

SIP revision under the signature of the

Governor’s designee. The EPA found

this rule to be complete in a letter to

Donald Theiler, Director of WDNR’s

Bureau of Air Management, dated June

29, 1995. The WDNR followed the

required legal procedures for adopting

this rule, which are prerequisites for

EPA to consider including this rule in

Wisconsin’s federally enforceable ozone

SIP. A public hearing for this rule was

held on January 12, 1994.

The emission of VOCs from the

application of traffic marking materials

onto paved surfaces occurs during the

drying of the markings themselves or

from the drying of the adhesives used to

affix the traffic markings. The State of

Wisconsin has adopted a rule that will

limit the VOC content of the traffic

marking materials that are liquid or

limit the amount of VOCs that can be

emitted per mile of traffic marking

applied for solid materials.

C. Solvent Metal Cleaning Rule—NR

423.03

Wisconsin submitted this regulation

to EPA on April 12, 1995 and

supplemented it on June 14, 1995, as a

SIP revision under the signature of the

Governor’s designee. The EPA found

this rule to be complete in a letter to

Donald Theiler, Director of WDNR’s

Bureau of Air Management, dated June

29, 1995. The WDNR followed the

required legal procedures for adopting

this rule which are prerequisites for

EPA to consider including this rule in

Wisconsin’s federally enforceable ozone

SIP. A public hearing for this rule was

held on January 12, 1994.

The State of Wisconsin currently has

a solvent metal cleaning rule in place

and this rule has been approved into the

State’s SIP as representing reasonably

available control technology (RACT) for

this source category. In order to obtain

additional reductions that would be

creditable towards the State’s 15 percent

plan, the State has: Added the category

of wipe cleaning to the types of actions

that require control under this rule (NR

423.02(10), NR 423.03(7)); established

control technique requirements beyond

those considered to be RACT (NR

423.03(3) (h) to (j), NR 423.03(4) (n) to

(r), NR 423.03 (h) to (j), NR 423.03(6)(a)

8 and 9); added a provision that requires

sources to also consider throughput on

the applicability of size exemption

cutoffs (NR 423.03(2) (c) to (f));

established more extensive

recordkeeping requirements (NR

423.03(10)); and established a revised

compliance schedule (NR 423.03(8)).

More detailed analyses of the State’s

submittals are available at the Regional

Office listed above. In determining the

approvability of these VOC rules, EPA

evaluated the rules for consistency with

Federal requirements, including Section

110 and Part D of the Clean Air Act.

III. Final Rulemaking Action

The EPA approves Wisconsin’s rules

for Gasoline Storage Tank Vent Pipes,

the Application of Traffic Marking

Materials, and Solvent Metal Cleaning

thereby making these rules federally

enforceable.

Because EPA considers this action

noncontroversial and routine, we are

approving it without prior proposal.

This action will become effective on

June 28, 1996. However, if we receive

adverse comments by May 29, 1996.

EPA will publish a document that

withdraws this action.

IV. Miscellaneous

A. Applicability To Future SIP Decisions

Nothing in this action should be

construed as permitting, allowing or

establishing a precedent for any future

request for revision to any SIP. The EPA

shall consider each request for revision

to the SIP in light of specific technical,

economic, and environmental factors

and in relation to relevant statutory and

regulatory requirements.

B. Executive Order 12866

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), 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.

C. Regulatory Flexibility

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
Federal Register / Vol. 61, No. 83 / Monday, April 29, 1996 / Rules and Regulations 18683

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.

This approval does not create any

new requirements. Therefore, I certify

that this action does not have a

significant impact on any small entities

affected. Moreover, due to the nature of

the Federal-State relationship under the

Act, preparation of the regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of the State action. The

Act forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. EPA, 427 U.S.

246, 256–66 (1976).

D. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, the EPA

must prepare a budgetary impact

statement to accompany any proposed

or final rule that includes a Federal

mandate that may result in estimated

costs to State, local, or tribal

governments in the aggregate; or to the

private sector, of $100 million or more.

Under Section 205, the EPA must select

the most cost-effective and least

burdensome alternative that achieves

the objectives of the rule and is

consistent with statutory requirements.

Section 203 requires the EPA to

establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

The EPA has determined that the

approval action promulgated today does

not include a Federal mandate that may

result in estimated costs of $100 million

or more to either State, local, or tribal

governments in the aggregate, or to the

private sector.

This Federal action approves preexisting requirements under State or

local law, and imposes no new Federal

requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or the private sector,

result from this action.

E. Petitions for Judicial Review

Under Section 307(b)(1) of the Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by June 28, 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: November 6, 1995.

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]

Subpart YY—Wisconsin

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. Section 52.2570 is amended by

adding paragraphs (c) (84), (85), and (86)

to read as follows:

§ 52.2570 Identification of plan.

* * * * *

(c) * * *

(84) A revision to the ozone State

Implementation Plan (SIP) was

submitted by the Wisconsin Department

of Natural Resources on February 17,

1995, and supplemented on June 14,

1995. This revision consists of a volatile

organic compound regulation that

requires controls for gasoline storate

tank vent pipes.

(i) Incorporation by reference. The

following section of the Wisconsin

Administrative Code is incorporated by

reference.

(A) NR 420.035 as created and

published in the (Wisconsin) Register,

July, 1994, No. 463, effective August 1,

1994.

(85) A revision to the ozone State

Implementation Plan (SIP) was

submitted by the Wisconsin Department

of Natural Resources on April 12, 1995,

and supplemented on June 14, 1995,

and January 19, 1996. This revision

consists of a volatile organic compound

regulation that requires the control of

emissions from traffic markings.

(i) Incorporation by reference. The

following section of the Wisconsin

Administrative Code is incorporated by

reference.

(A) NR 422.02(16e), (42q), (42s) and

(47m) as created and published in the

(Wisconsin) Register, July, 1994, No.

463, effective August 1, 1994.

(B) NR 422.17 as created and

published in the (Wisconsin) Register,

July, 1994, No. 463, effective August 1,

1994.

(86) A revision to the ozone State

Implementation Plan (SIP) was

submitted by the Wisconsin Department

of Natural Resources on April 12, 1995,

and supplemented on June 14, 1995,

and January 19, 1996. This revision

consists of a volatile organic compound

regulation that requires additional

controls on solvent metal cleaning

operations. This rule is more stringent

than the RACT rule it is replacing.

(i) Incorporation by reference. The

following section of the Wisconsin

Administrative Code is incorporated by

reference.

(A) NR 423.02(10) as renumbered

from NR 423.02(9), amended and

published in the (Wisconsin) Register,

August, 1994, No. 464, effective

September 1, 1994. NR 423.02(11) as

renumbered from NR 423.02(10) and

published in the (Wisconsin) Register,

August, 1994, No. 464, effective

September 1, 1994. NR 423.02(9) and

(12) as created and published in the

(Wisconsin) Register, August, 1994, No.

464, effective September 1, 1994.

(B) NR 423.03 as created and

published in the (Wisconsin) Register,

August, 1994, No. 464, effective

September 1, 1994.

(C) NR 425.03(12)(a)7. as amended

and published in the (Wisconsin)

Register, August, 1994, No. 464,

effective September 1, 1994.

* * * * *

[FR Doc. 96–10451 Filed 4–26–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 300

[FRL–5461–4]

National Oil and Hazardous

Substances Pollution Contingency

Plan National Priorities List

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of deletion Gallaway Pits

Superfund Site, in Fayette County,

Tennessee from the National Priorities

List.

SUMMARY: The Environmental Protection

Agency (EPA) Region 4 announces the

deletion of the Gallaway Pits Site from

the National Priorities List (NPL),

(Appendix B of 40 CFR part 300 which

is the National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP)). EPA and the State have

determined that all appropriate Fund-