18966 Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations

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).

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 Part D of

the Clean Air Act. These rules may bind

State, local, and tribal governments to

perform certain actions and also require

the private sector to perform certain

duties. The rules being [proposed for

approval/approved] by this action will

impose no new requirements because

affected sources are already subject to

these regulations under State law.

Therefore, no additional costs to State,

local, or tribal governments or to the

private sector result from this action.

EPA has also determined that this

[proposed or final] action does not

include a mandate that may result in

estimated costs of $100 million or more

to State, local, or tribal governments in

the aggregate or to the private sector.

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 Executive Order

12866 review.

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.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: March 26, 1996.

Felicia Marcus,

Regional Administrator.

Subpart F of 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 F—California

2. Section 52.220 is amended by

adding paragraphs (c)(198)(i)(E)(2) and

(i)(J)(2), (207)(i)(B)(4), (i)(C)(4) and

(i)(D)(2),(215)(i)(B)(3) and (i)(D)(1),

(216)(i)(A)(4), (220)(i)(B)(2) and

(225)(i)(B)(5) and (i)(C)(2) to read as

follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(198) * * *

(i) * * *

(E) * * *

(2) Rule 1117 adopted June 22, 1994.

* * * * *

(J) * * *

(2) Rule 74.30 adopted May 17, 1994.

* * * * *

(207) * * *

(i) * * *

(B) * * *

(4) Rules 225 and 230 adopted

September 27, 1994.

(C) * * *

(4) Rule 2.13 adopted May 25, 1994.

(D) * * *

(2) Rule 1104 adopted September 28,

1994.

* * * * *

(215) * * *

(i) * * *

(B) * * *

(3) Rule 74.18 adopted December 13,

1994.

* * * * *

(D) * * *

(1) Rule 2.26 adopted November 9,

1994.

* * * * *

(216) * * *

(i) * * *

(A) * * *

(4) Rule 1114 adopted February 22,

1995.

* * * * *

(220) * * *

(i) * * *

(B) * * *

(2) Rule 236 adopted on February 9,

1995.

* * * * *

(225) * * *

(i) * * *

(B) * * *

(5) Rule 216 adopted on June 8, 1995.

(C) * * *

(2) Rule 235 adopted on June 27,

1995.

* * * * *

[FR Doc. 96–10563 Filed 4–29–96; 8:45 am]

BILLING CODE 6560–50–W

40 CFR Part 70

[TN–KNOX–95–01; FRL–5464–1]

Clean Air Act Final Full Approval of

Operating Permits Program; Knox

County Department of Air Pollution

Control, Knox County, Tennessee

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final full approval.

SUMMARY: The EPA is promulgating full

approval of the title V operating permits

program submitted by the State of

Tennessee on behalf of the Department

of Air Pollution Control (‘‘Knox

County’’ or ‘‘the County’’), located in

the geographic area of Knox County.

The County’s program was submitted

for the purpose of complying with

Federal requirements which mandate

that states or local authorities develop,

and submit to EPA, programs for issuing

operating permits to all major stationary

sources, and to certain other sources.

EFFECTIVE DATE: May 30, 1996.

ADDRESSES: Copies of the Knox County

submittal and other supporting

information used in developing the final

full approval are available for inspection

during normal business hours at the

following location: U.S. Environmental

Protection Agency, Region 4, 345

Courtland Street NE, Atlanta, Georgia

30365, on the 3rd floor of the Tower

Building. Interested persons wanting to

examine these documents, contained in

EPA docket number TN-KNOX–95–01,

should make an appointment at least 24

hours before the visiting day.

FOR FURTHER INFORMATION CONTACT:

Gracy R. Danois, Title V Program

Development Team, Air Programs

Branch, Air, Pesticides & Toxics

Management Division, U.S.

Environmental Protection Agency,

Region 4, 345 Courtland Street, NE,

Atlanta, Georgia 30365, (404) 347–3555,

Ext. 4150.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Introduction

Title V of the 1990 Clean Air Act

Amendments (sections 501–507 of the
Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations 18967

Clean Air Act (‘‘the Act’’)), and

implementing regulations at 40 Code of

Federal Regulations (CFR) part 70

require that states or authorized local

agencies develop and submit operating

permits programs to EPA by November

15, 1993, and that EPA act to approve

or disapprove each program within one

year after receiving the submittal. EPA’s

program review occurs pursuant to

section 502 of the Act and the part 70

regulations, which together outline

criteria for approval or disapproval.

Where a program substantially, but not

fully, meets the requirements of part 70,

EPA may grant the program interim

approval for a period of up to two years.

If EPA has not fully approved a program

by November 15, 1995, or by the end of

an interim program, it must establish

and implement a Federal program.

On November 8, 1995, EPA proposed

full approval, or in the alternative,

interim approval of the operating

permits program for Knox County. See

60 FR 56281. The November 8, 1995,

Federal Register document also

proposed approval of the County’s

interim mechanism for implementing

section 112(g) and for delegation of

section 112 standards as promulgated.

EPA did not receive any comments on

the proposal. On March 6, 1996, the

State of Tennessee submitted on behalf

of Knox County a package containing

revisions to the operating permits

program, which addressed the

deficiencies discussed in the full/

interim approval document. As required

in the November 8, 1995, Federal

Register document, the County made

the following revisions to the Knox

County Air Pollution Control

(K.C.A.P.C.) regulations:

1. K.C.A.P.C. section 25.70.7.e.2.i.B

was amended to include the following

language: ‘‘Notwithstanding paragraphs

e.2.i.A and e.3.i. of this section, minor

permit modification procedures may be

used for permit modifications involving

the use of economic incentives,

marketable permits, emissions trading,

and other similar approaches, to the

extent that such minor permit

modification procedures are explicitly

provided for in an applicable

implementation plan or in applicable

requirements promulgated by EPA. The

Department may establish additional

requirements for such permit

conditions.’’

2. K.C.A.P.C. section 30.1.D was

amended to include the following

statement: ‘‘These penalties shall be

recoverable in a maximum amount of

$25,000 per day per violation as

provided by state law.’’

3. K.C.A.P.C. section 30.1.G was

amended to include the following

language: ‘‘The Director has the

authority to restrain or enjoin

immediately and effectively any person,

by order or by suit in court, from

engaging in any activity in violation of

a permit or the Knox County Air

Pollution Control Regulations that is

presenting an imminent and substantial

endangerment to the public health or

welfare, or the environment.’’

4. K.C.A.P.C. section 30.1.F was

amended to include the following

statement at the end of the section:

‘‘Such actions may be taken by the

Director without the necessity of a prior

revocation of any permit.’’

These changes and other minor

revisions to the County’s title V program

became locally effective on January 10,

1996.

In this action, EPA is promulgating

full approval of the Knox County title V

operating permits program, and

approving the section 112(g) and section

112(l) mechanisms noted above.

II. Final Action and Implications

A. Title V Operating Permits Program

The EPA is promulgating full

approval of the title V operating permits

program submitted by the State of

Tennessee, on behalf of Knox County,

on November 12, 1993, and

supplemented on August 24, 1994;

January 6 and 19, 1995; February 6,

1995; May 23, 1995; September 18 and

25, 1995; and March 6, 1996. The

November 8, 1995, Federal Register

notice established that Knox County

would receive full approval of its

program if the changes to the County’s

regulations described in the previous

section were adopted prior to final

promulgation. Knox County has

demonstrated that the program is

adequate to meet the minimum

elements of a state or local operating

permits program as specified in 40 CFR

part 70.

The scope of the County’s part 70

program approved in this document

applies to all part 70 sources (as defined

in the approved program) within Knox

County, except any sources of air

pollution over which an Indian Tribe

has jurisdiction. See, e.g., 59 FR 55813,

55815–18 (Nov. 9, 1994). The term

‘‘Indian Tribe’’ is defined under the Act

as ‘‘any Indian tribe, band, nation, or

other organized group or community,

including any Alaska Native village,

which is Federally recognized as

eligible for the special programs and

services provided by the United States

to Indians because of their status as

Indians.’’ See section 302(r) of the CAA;

see also 59 FR 43956, 43962 (Aug. 25,

1994); 58 FR 54364 (Oct. 21, 1993).

B. Preconstruction Permit Program

Implementing Section 112(g)

EPA is approving the use of Knox

County’s preconstruction review

program found in K.C.A.P.C. section

25.1 as a mechanism to implement

section 112(g) during the transition

period between promulgation of EPA’s

section 112(g) rule and the County’s

adoption of rules specifically designed

to implement section 112(g). This

approval is limited to the

implementation of the 112(g) rule and is

effective only during any transition time

between the effective date of the 112(g)

rule and the adoption of specific rules

by Knox County to implement section

112(g). The duration of this approval is

limited to 18 months following

promulgation by EPA of section 112(g)

regulations, to provide the County with

adequate time to adopt regulations

consistent with Federal requirements.

C. Program for Delegation of Section 112

Standards as Promulgated

Requirements for approval, specified

in 40 CFR 70.4(b), encompass section

112(l)(5) requirements for approval of a

program for delegation of section 112

standards as promulgated by EPA as

they apply to part 70 sources. Section

112(l)(5) requires that the County’s

program contain adequate authorities,

adequate resources for implementation,

and an expeditious compliance

schedule, which are also requirements

under part 70. Therefore, the EPA is also

promulgating approval under section

112(l)(5) and 40 CFR 63.91 of Knox

County’s program for receiving

delegation of section 112 standards and

programs that are unchanged from

Federal rules as promulgated. In

addition, EPA is approving the

delegation of all existing standards and

programs under 40 CFR parts 61 and 63.

This program for delegation applies to

both part 70 sources and non-part 70

sources.

III. Administrative Requirements

A. Docket

Copies of the Knox County submittal

and other information relied upon for

the final full approval are contained in

docket number TN–KNOX–95–01

maintained at the EPA Regional Office.

The docket is an organized and

complete file of all the information

submitted to, or otherwise considered

by, EPA in the development of this final

full approval. The docket is available for

public inspection at the location listed

under the ADDRESSES section of this

document.
18968 Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations

B. Executive Order 12866

The Office of Management and Budget

has exempted this action from Executive

Order 12866 review.

C. Regulatory Flexibility Act

The EPA’s actions under section 502

of the Act do not create any new

requirements, but simply address

operating permits programs submitted

to satisfy the requirements of 40 CFR

part 70. Because this action does not

impose any new requirements, it does

not have a significant impact on a

substantial number of small entities.

List of Subjects in 40 CFR Part 70

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Operating permits, Reporting

and recordkeeping requirements.

Dated: April 19, 1996.

A. Stanley Meiburg,

Acting Regional Administrator.

Part 70, title 40 of the Code of Federal

Regulations is amended as follows:

PART 70—[AMENDED]

1. The authority citation for part 70

continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

2. Appendix A to part 70 is amended

by adding paragraph (c) to the entry for

Tennessee to read as follows:

Appendix A to Part 70—Approval

Status of State and Local Operating

Permits Programs

* * * * *

Tennessee

* * * * *

(c) The Knox County Department of

Air Pollution Control; submitted on

November 12, 1993, and supplemented

on August 24, 1994; January 6 and 19,

1995; February 6, 1995; May 23, 1995;

September 18 and 25, 1995; and March

6, 1996; full approval effective on May

30, 1996, in the Federal Register.

* * * * *

[FR Doc. 96–10657 Filed 4–29–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 300

[FRL–5461–3]

National Oil and Hazardous

Substances Pollution Contingency

Plan National Priorities List

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of Deletion Amnicola

Dump Superfund Site Chattanooga,

Tennessee from the National Priorities

List.

SUMMARY: The Environmental Protection

Agency (EPA) Region 4 announces the

deletion of the Amnicola Dump

Superfund 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-financed responses

under the Comprehensive

Environmental Response,

Compensation, and Liability Act

(CERCLA), as amended, have been

implemented and that no further

cleanup is appropriate. Moveover, EPA

and the State have determined that

remedial actions conducted at the site to

date have been protective of public

health, welfare and the environment.

This deletion does not preclude future

action under Superfund.

EFFECTIVE DATE: May 15, 1996.

FOR FURTHER INFORMATION CONTACT:

Robert West, Remedial Project Manager,

U.S. Environmental Protection Agency,

Region 4, North Superfund Remedial

Branch, 345 Courtland Street, N.E.,

Atlanta, Georgia 30365, (404) 347–7791,

extension 2033.

SUPPLEMENTARY INFORMATION: The Site

to be deleted from the NPL is: Amnicola

Dump Superfund Site in Chattanooga,

Tennessee.

A Notice of Intent to Delete for this

site was published on February 22,

1996, (FR–5436–5). The closing date for

comments on the Notice of Intent to

Delete was March 22, 1996. EPA

received no comments.

EPA identifies sites that appear to

present a significant risk to the public

health, welfare and the environment

and it maintains the NPL as the list of

those sites. Any site deleted from the

NPL remains eligible for Fund-financed

remedial actions in the future. Section

300.425(e)(3) of the NCP states that

Fund-financed actions may be taken at

sites deleted from the NPL. Deletion of

a site from the NPL does not affect

responsible party liability or impede

agency efforts to recover costs

associated with response efforts.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

Waste, Hazardous substances,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, and Water supply.

Dated: April 4, 1996

Phyllis P. Harris,

Acting Deputy Regional Administrator, U.S.

EPA Region 4.

For reasons set out in the preamble,

40 CFR Part 300 is amended as follows:

PART 300—[AMENDED]

The authority citation for Part 300

continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR

1991 Comp., p 351; E.O. 12580, 52 FR 2923;

3 CFR, 1987 Comp., p. 193.

Appendix B—[Amended]

2. Table 1 of Appendix B to Part 300

is amended by removing the Amnicola

Dump Superfund Site, Chattanooga,

Tennessee.

[FR Doc. 96–10104 Filed 4–29–96; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 76

[CS Docket No. 96–85, FCC 96–154]

Telecommunications Act of 1996

AGENCY: Federal Communications

Commission.

ACTION: Interim and final rules.

SUMMARY: This Order implements

sections of the Telecommunications Act

of 1996 (‘‘1996 Act’’). The Order

establishes rules conforming the

Commission’s rules to statutory

mandates that became effective upon

enactment of the 1996 Act. Although all

rules promulgated pursuant to this

Order are ‘‘final,’’ the Commission

recognizes that some rules, apart from

those implementing the explicit

language of the 1996 Act, should be

viewed as ‘‘interim’’ rules subject to

revision in the near future based on

comments and information received in

an associated Notice of Proposed

Rulemaking (‘‘NPRM’’) that has been

released concurrently with this Order

and published in this issue of the

Federal Register. This Order

implements rules related to the 1996

Act’s cable reform provisions, including

the definition of effective competition,

the cable rate complaint process, the

sunset of cable programming service tier

regulation, small cable operators,

uniform rate requirements, subscriber

notice of service and rate changes,

technical standards, cable system buy

out restrictions, program access, the

definitions of cable system and cable