21370 Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Rules and Regulations

made on the basis of the relative gross

income derived by each such affiliate

with respect to the product produced in

whole or in part in the possession. For

this purpose, gross income must be

determined consistently for each

affiliate and consistently from year to

year.

(iii) The allocations made under

paragraphs (i)(B) and (i)(D) of this A. 13

shall be made on the basis of the relative

gross income derived by each such

affiliate from the active conduct of the

trade or business in the same product

area.

(iv) The allocations made under

paragraphs (i)(C) and (i)(E) of this A. 13

shall be made on the basis of the relative

total gross income of each such affiliate

before allocating income under this

section.

(v) Income allocated to affiliates shall

be treated as U.S. source and section

863(b) does not apply for this purpose.

(vi) For purposes of determining an

affiliate’s estimated tax liability for

income thus allocated for taxable years

beginning prior to January 1, 1995, the

income shall be deemed to be received

on the last day of the taxable year of

each such affiliate in which or with

which the taxable year of the

possessions corporation ends. For

taxable years beginning after December

31, 1994, quarterly estimated tax

payments will be required as provided

under section 711 of the Uruguay Round

Agreements, Public Law 103–465

(1994), page 230, and any administrative

guidance issued by the Internal Revenue

Service thereunder.

* * * * *

Margaret Milner Richardson,

Commissioner of Internal Revenue.

Approved: April 4, 1996.

Leslie Samuels,

Assistant Secretary of the Treasury.

[FR Doc. 96–11639 Filed 5–9–96; 8:45 am]

BILLING CODE 4830–01–U

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

29 CFR Part 1601

706 Agencies; Orange County (NC)

Human Relations Commission and

Palm Beach County (FL) Office of

Equal Opportunity; Designation as Fair

Employment Practices Agencies

AGENCY: Equal Employment

Opportunity Commission.

ACTION: Final rule.

SUMMARY: The Equal Employment

Opportunity Commission amends its

regulations designating certain State and

local fair employment practices agencies

(706 Agencies) so that they may handle

employment discrimination charges

within their jurisdictions. Publication of

this amendment effectuates the

designation of the Orange County (NC)

Human Relations Commission and the

Palm Beach County (FL) Office of Equal

Opportunity.

EFFECTIVE DATE: May 10, 1996.

FOR FURTHER INFORMATION CONTACT:

Boyce Nolan, Equal Employment

Opportunity Commission, Office of

Program Operations, Charge Resolution

Review Program, 1801 L Street, N.W.,

Washington, D.C. 20507, Telephone

(202) 663–4856.

SUPPLEMENTARY INFORMATION:

List of Subjects in 29 CFR Part 1601

Administrative practice and

procedure, Equal employment

opportunity, Intergovernmental

relations.

Accordingly, title 29, chapter XIV,

part 1601 of the Code of Federal

Regulations is amended as follows:

PART 1601—PROCEDURAL

REGULATIONS

1. The authority citation for part 1601

continues to read as follows:

Authority: 42 U.S.C. 2000e to 2000e–17; 42

U.S.C. 12111 to 12117.

2. Section 1601.74(a) is amended by

adding in alphabetical order the

following agencies:

§ 1601.74 Designated and notice agencies.

(a) * * *

Orange County (NC) Human Relations

Commission

* * * * *

Palm Beach County (FL) Office of Equal

Opportunity

* * * * *

Signed at Washington, D.C. this 2nd day of

May, 1996.

For the Commission.

Gilbert F. Casellas,

Chairman.

[FR Doc. 96–11745 Filed 5–9–96; 8:45 am]

BILLING CODE 6750–01–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–5503–3]

Hazardous Air Pollutants: Amendment

to Regulations Governing Equivalent

Emission Limitations by Permit

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On May 20, 1994, the Agency

promulgated a rule in the Federal

Register governing the establishment of

equivalent emission limitations by

permit, pursuant to section 112(j) of the

Clean Air Act (Act). After the effective

date of a Title V permit program in a

State, each owner or operator of a major

source in a source category for which

the EPA was scheduled to, but failed to

promulgate a section 112(d) emission

standard will be required to obtain an

equivalent emission limitation by

permit. The permit application must be

submitted to the Title V permitting

authority 18 months after the EPA’s

missed promulgation date. This action

amends the original Regulations

Governing Equivalent Emission

Limitations by Permit rule. This

amendment delays the section 112(j)

permit application deadline for all 4-

year source categories listed in the

regulatory schedule by 180 days until

November 15, 1996. This action is

needed to alleviate unnecessary

paperwork for both major source owners

or operators and permitting agencies.

EFFECTIVE DATE: May 10, 1996.

ADDRESSES: Docket. All information

used in the development of this final

action is contained in the preamble

below. However, Docket No. A–93–32,

containing the supporting information

for the original Regulations Governing

Equivalent Emission Limitations by

Permit rule is available for public

inspection and copying between 8:00

a.m. and 5:30 p.m., Monday through

Friday at the Air and Radiation Docket

and Information Center (6102), Room

M–1500, U.S. Environmental Protection

Agency, 401 M Street, S.W.,

Washington, D.C. 20460; telephone

(202) 260–7548, fax (202) 260–4000. A

reasonable fee may be charged for

copying.

FOR FURTHER INFORMATION CONTACT: Mr.

James Szykman or Mr. Anthony Wayne,

Emission Standards Division (MD–13),

U.S. Environmental Protection Agency,

Research Triangle Park, North Carolina

27711, telephone (919) 541–2452

(Szykman) or (919) 541–5439 (Wayne).
Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Rules and Regulations 21371

SUPPLEMENTARY INFORMATION: In the

Proposed Rules Section of this Federal

Register, EPA is proposing a rule that is

identical to this direct final rule. If

significant, adverse comments are

timely received on the proposed rule,

the direct final rule will be withdrawn,

and all such comments will be

addressed in a subsequent final rule

based on the proposed rule. If no

significant, adverse comments are

timely received on the proposed final

rule, then the direct final rule remains

effective upon publication, and no

further action is contemplated on the

parallel proposal published today.

The information presented in this

preamble is organized as follows:

I. Background

II. Summary of Rule Change and Rationale

A. Permit Application Deadline

B. Effective Date

C. Judicial Review

III. Administrative Requirements

A. Docket

B. Regulatory Impact Analysis

C. Impact on Reporting Requirements

D. Impact on Small Entities

E. Reduction of Governmental Burden

F. Environmental Justice

G. Unfunded Mandates

I. Background

Section 112(e) of the Clean Air Act

(the Act) requires the Agency to publish

a schedule for promulgating regulations

establishing hazardous air pollutants

(HAP) emission standards for all source

categories listed pursuant to Section 112

of the Act. The Act further directs that

this regulatory schedule require the

promulgation of emission standards for

at least 40 source categories by 1992, for

at least 25 percent of the listed

categories by 1994, for at least 50

percent of the listed categories by 1997,

and all remaining categories by the year

2000. These are commonly referred to as

the 2-year, 4-year, 7-year, and the 10-

year maximum achievable control

technology (MACT) standards,

respectively. This regulatory schedule

was published by EPA on December 3,

1993 (58 FR 64931).

If EPA should fail to promulgate a

MACT standard for a listed source

category by 18 months after the date in

the regulatory schedule, section 112(j) of

the Act requires owners or operators of

major sources within that source

category to obtain a Title V permit, if the

major source is located in a State with

an approved Title V permit program.

This permit will require compliance

with an emission limitation equivalent

to that which the major source would

have been subject to had EPA

promulgated a timely MACT standard

for that source category.

On May 20, 1994, EPA issued a final

rule for implementing section 112(j) (59

FR 26429). This rule requires major

source owners or operators to submit a

permit application by the date 18

months after a missed date on the

regulatory schedule. In accordance with

this regulation, the deadlines for

submittal of permit applications are as

follows:

Emission

standard

Regulatory

schedule

112(j) permit

application

deadline

4-year ............. 11/15/94 ...... 5/15/96

7-year ............. 11/15/97 ...... 5/15/99

10-year ........... 11/15/00 ...... 5/15/02

II. Summary of Rule Change and

Rationale

A. Permit Application Deadline

To date, EPA has promulgated several

4-year MACT standards and intends to

promulgate MACT standards for all of

the remaining 4-year source categories

within the 18-month period following

the date in the regulatory schedule. All

of the remaining 4-year source

categories for which MACT standards

must be promulgated have courtordered deadlines with the latest

deadline coinciding with the section

112(j) permit application deadline of

May 15, 1996.

In order for owners or operators of

major sources to submit a timely permit

application in the event that EPA would

fail to promulgate a 4-year emission

standard, applicants would have to

begin preparation of these applications

immediately. If EPA promulgates

standards in accordance with the courtordered schedule, this would result in

an unnecessary burden for both the

owners or operators and the Title V

permitting agencies.

The EPA believes that ample

authority for this rule revision exists

under the de minimis doctrine. That

doctrine allows EPA to promulgate a

rule that avoids a statutory requirement

if (1) following that requirement would

yield an environmental benefit of trivial

or no value, and (2) the statutory

scheme is not so rigid as to preclude

this result. Alabama Power Co. v. Costle,

636 F.2d 323, 360–61 (D.C. Cir 1979).

The EPA believes both tests are met

here. Regarding the first point, it should

be intuitively apparent that requiring

sources to complete applications for a

case-by-case determination is pointless

when it is very likely that EPA will

promulgate the MACT standard within

a timeframe that renders the entire caseby-case exercise moot. This is precisely

the case with regard to the pending 4-

year MACT standards, all of which are

under a court-ordered deadline for

issuance close to the date applications

are due. Regarding the second test, the

language of section 112(j)(2), requiring

that applications be submitted on a date

‘‘beginning’’ 18 months after a deadline

has been missed, and the clear intent of

the statute that case-by-case

determinations should be made where

they will serve as a substitute for the

pending MACT standard, together

suggest a level of flexibility in the

statutory scheme sufficient to allow

resort to the de minimis rationale.

The EPA is amending the definition of

‘‘Section 112(j) deadline’’ in § 63.51 of

the final rule to delay the section 112(j)

permit application deadline for all 4-

year source categories by 180 days until

November 15, 1996. The EPA believes

that this new application deadline will

allow sufficient time to promulgate the

remaining 4-year emission standards

and is consistent with the intent of

section 112(j). If EPA does promulgate

the emission standards before this time,

permit applications or reopenings will

be governed by Title V requirements.

B. Effective Date

The EPA is publishing this rule as a

final rule, and it is effective

immediately upon publication. The

Agency believes that this action is

supported by the ‘‘good cause’’

exception in the Administrative

Procedures Act, which permits an

agency for ‘‘good cause’’ to proceed

directly to a final rule where issuing a

proposed rule would be ‘‘impracticable,

unnecessary, or contrary to the public

interest’’ [5 U.S.C. 553(b)(B)] and for

‘‘good cause found’’ [5 U.S.C. 553(d)] to

dispense with the general requirement

that a rule be published 30 days before

its effective date. The EPA believes that

good cause exists here to issue a final,

immediately effective rule because of

the nearness of the May 15, 1996, permit

application deadline (for major sources

in the 4-year source category) specified

in the May 20, 1994 (59 FR 26429) final

rule. If the changes in this rulemaking

were only being proposed, then the May

15, 1996, deadline would still be in

effect and this would negate the intent

of this change to the rule to delay the

permit application deadline until

November 15, 1996, for sources in the

4-year source category. Furthermore,

EPA views this action to delay the

permit application deadline as

noncontroversial.

C. Judicial Review

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

judicial review of the actions taken by

this final rule is available only by the

filing of a petition for review in the U.S.
21372 Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Rules and Regulations

Court of Appeals for the District of

Columbia Circuit within 60 days of

publication of this action. Under

Section 307(b)(2) of the Act, the

requirements that are the subject of this

final rule may not be challenged later in

civil or criminal proceedings brought by

EPA to enforce these requirements.

III. Administrative Requirements

A. Docket

The docket for this regulatory action

is A–93–32, the same docket as the

original final rule, and a copy of today’s

amendment to the final rule will be

included in the docket. The docket is an

organized and complete file of all the

information submitted to, or otherwise

considered by, EPA in the development

of the original rulemaking. The

principal purposes of the docket are:

(1) To allow interested parties a

means to identify and locate documents

so that they can effectively participate

in the rulemaking process, and

(2) To serve as the record in case of

judicial review. The docket is available

for public inspection at EPA’s Air and

Radiation Docket and Information

Center, which is listed under the

ADDRESSES section of this document.

B. Regulatory Impact Analysis

This rule was classified ‘‘nonsignificant’’ under Executive Order

12866 and therefore was not reviewed

by the Office of Management and

Budget.

C. Impact on Reporting Requirements

The information collection

requirements of the previously

promulgated rule for Regulations

Governing Equivalent Emission

Limitations by Permit were submitted to

and approved by the Office of

Management and Budget. A copy of this

Information Collection Request (ICR)

document (OMB control number 2060–

0266) may be obtained from Sandy

Farmer, OPPE Regulatory Information

Division (2136), U.S. Environmental

Protection Agency, 401 M Street, S.W.,

Washington, D.C. 20460, or by calling

(202) 260–2740. Today’s change to the

final rule to delay the deadline for

submittal of section 112(j) permit

applications does not affect the

information collection burden estimates

made previously. Therefore, the ICR has

not been revised.

D. Impact on Small Entities

The Regulatory Flexibility Act of 1980

requires the identification of potentially

adverse impacts of Federal regulations

upon small business entities. The Act

specifically requires the completion of a

Regulatory Flexibility Analysis in those

instances where small business impacts

are possible. Because this rulemaking

imposes no economic impacts, adverse

or otherwise, a Regulatory Flexibility

Analysis has not been prepared.

Pursuant to the provisions of 5 U.S.C.

605(b), I hereby certify that this rule will

not have a significant economic impact

on a substantial number of small

business entities.

E. Reduction of Governmental Burden

Executive Order 12875 (‘‘Enhancing

the Intergovernmental Partnership’’) is

designed to reduce the burden to State,

local, and Tribal governments of the

cumulative effect of unfunded Federal

mandates. The Order recognizes the

need for these entities to be free from

unnecessary Federal regulation to

enhance their ability to address

problems they face and provides for

Federal agencies to grant waivers to

these entities from discretionary Federal

requirements. The Order applies to any

regulation that is not required by statute

and that creates a mandate upon a State,

local, or Tribal government. The EPA

anticipates that there will be no

additional cost burden imposed on

State, local, and Tribal governments as

a result of today’s action. Indeed, the

purpose of the action is to reduce

unnecessary burden on permitting

agencies.

F. Environmental Justice

Executive Order 12898 requires that

each Federal agency shall make

achieving environmental justice part of

its mission by identifying and

addressing, as appropriate,

disproportionately high and adverse

human health or environmental effects

of its programs, policies, and activities

on minority and low-income

populations. Today’s action will help

ensure timely compliance and the

application of consistent regulatory

requirements by allowing the section

112(d) MACT standards to become

effective without triggering an

unnecessary section 112(j) process.

Therefore, no adverse human health or

environmental effects are anticipated as

a result of today’s action.

G. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), 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

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. Therefore, the

requirements of the Unfunded Mandates

Act do not apply to this action.

List of Subjects in 40 CFR Part 63

Environmental protection,

Administrative practices and

procedures, Air pollution control,

Hazardous substances,

Intergovernmental relations, Reporting

and recordkeeping requirements.

Dated: May 3, 1996.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, 40 CFR Part 63 is amended as

follows:

PART 63—[AMENDED]

1. The authority citation for part 63

continues to read as follows:

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

2. In § 63.51, the definition of

‘‘Section 112(j) deadline’’ is revised to

read as follows:

§ 63.51 Definitions.

* * * * *

Section 112(j) deadline means the

date 18 months, after the date by which

a relevant standard is scheduled to be

promulgated under this part, except for

all major sources listed in the source

category schedule for which a relevant

standard is scheduled to be promulgated

by November 15, 1994, the section

112(j) deadline is November 15, 1996.

* * * * *

[FR Doc. 96–11737 Filed 5–9–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 81

[AZR91–0003; FRL–5503–7]

Clean Air Act Reclassification;

Arizona-Phoenix Nonattainment Area;

PM10

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.