Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 25789

§ 3.358 Determinations for disability or

death from hospitalization, medical or

surgical treatment, examinations or

vocational rehabilitation training (§ 3.800).

* * * * *

(Authority: 38 U.S.C. 1151, 1720.)

[FR Doc. 96–12924 Filed 5–22–96; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[NC–80–1–9619a & 81–1–9620a; FRL–5505–

4 ]

Approval and Promulgation of

Implementation Plans North Carolina:

Approval of Revisions to the Forsyth

County Local Implementation Plan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On November 29, 1995, the

Forsyth County Board of

Commissioners, through the North

Carolina Department of Environment,

Health and Natural Resources,

submitted revisions to the Forsyth

County Local Implementation Plan

(LIP). These revisions include the

adoption of new air quality rules and

amendments to existing air quality rules

that were the subject of public hearings

held on May 16, 1995. A second

submittal concerning these revisions

was forwarded to EPA on December 28,

1995. This second submittal was the

subject of a public hearing on

September 26, 1995.

These revisions adopt three sourcespecific volatile organic compound

rules; Thread Bonding Manufacturing,

Glass Christmas Ornament

Manufacturing, Commercial Bakeries,

delete textile coating, Christmas

ornament manufacturing, and bakeries

from the list of sources that must follow

interim standards, define di-acetone

alcohol as a non-photochemically

reactive solvent, and place statutory

requirements for adoption by reference

for referenced ASTM methods into a

single rule rather than each individual

rule that references ASTM methods.

DATES: This action is effective July 22,

1996 unless notice is received by June

24, 1996 that someone wishes to submit

adverse or critical comments. If the

effective date is delayed, timely notice

will be published in the Federal

Register.

ADDRESSES: Written comments should

be addressed to:

Randy Terry, Regulatory Planning and

Development Section, Air Programs

Branch, Air, Pesticides & Toxics

Management Division, Region 4

Environmental Protection Agency,

345 Courtland Street, NE, Atlanta,

Georgia 30365

Copies of the material submitted by the

NCDEHNR may be examined 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

Environmental Protection Agency,

Region 4 Air Programs Branch, 345

Courtland Street, NE, Atlanta, Georgia

30365

North Carolina Department of

Environment, Health and Natural

Resources, 512 North Salisbury Street,

Raleigh, North Carolina 27604

FOR FURTHER INFORMATION CONTACT:

Randy Terry, Regulatory Planning and

Development Section, Air Programs

Branch, Air, Pesticides & Toxics

Management Division, Region 4

Environmental Protection Agency, 345

Courtland Street, NE, Atlanta, Georgia

30365. The telephone number is 404/

347–3555 ex 4212.

SUPPLEMENTARY INFORMATION: On

November 29, and December 28, 1995,

the Forsyth County Board of

Commissioners, through the North

Carolina Department of Environment,

Health and Natural Resources,

submitted revisions to the Forsyth

County Local Implementation Plan

(LIP). These revisions were approved

into the North Carolina State

Implementation Plan (SIP) in a previous

document (61 FR 3588) and have been

adopted by the Forsyth County Board of

Commissioners. These revisions affect

several sections in the ozone

regulations. EPA is approving the

revisions to sections Subchapter 3D

.0104 Incorporation by Reference, .0501

Compliance With Emission Control

Standards, .0516 Sulfur Dioxide

Emissions From Combustion Sources,

.0518 Miscellaneous Volatile Organic

Compound Emissions, .0530 Prevention

of Significant Deterioration, .0531

Sources in Nonattainment Areas, .0902

Applicability, .0907 Compliance

Schedules for Sources in Nonattainment

Areas, .0909 Compliance Schedules for

Sources in New Nonattainment Areas,

.0910 Alternative Compliance

Schedules, .0911 Exception from

Compliance Schedules, .0950 Interim

Standards for Certain Source Categories,

.0952 Petition for Alternative Controls,

.0954 Stage II Vapor Recovery, .0955

Thread Bonding Manufacturing, .0956

Glass Christmas Ornament

Manufacturing, and .0957 Commercial

Bakeries because these revisions are

consistent with the requirements of the

Clean Air Act and EPA guidance.

EPA is approving the following new

rules and revisions of existing rules in

the Forsyth County LIP. These new

rules and revisions are consistent with

the requirements of the Clean Air Act

and EPA guidance.

.0104, Incorporation by Reference

These amendments involve the

placement of statutory requirements for

adoption by reference for referenced

American Society for Testing and

Materials methods (ASTM) into a single

rule rather than each individual rule

that references ASTM methods.

.0501 Compliance With Emission

Control Standards

This rule was amended to clarify the

appropriate compliance methodology.

.0516 Sulfur Dioxide Emissions From

Combustion Sources

This rule was amended to include an

additional reference rule number.

.0518 Miscellaneous Volatile Organic

Compounds Emissions

This rule was amended to clarify that

diacetone alcohol and

perchloroethylene are not considered to

be photochemically reactive and to

delete a repeated phrase.

.0530 Prevention of Significant

Deterioration

This rule was amended to update the

latest date of amendment of the CFR

references.

.0531 Sources in Nonattainment Areas

This rule has been amended to add

paragraph (k), which requires using the

UAM model, by new or major

modifications, at sources to predict

effect on the ozone level and attainment

status.

.0902 Applicability

Forsyth County did not adopt

paragraph (e), which pertains to other

counties in North Carolina, of the State

rule because those areas are not in

Forsyth County’s jurisdiction.

.0909 Compliance Schedules for

Sources in New Attainment Areas

This rule has been amended to

correctly identify the appropriate

paragraph references.

.0950 Interim Standards for Certain

Source Categories

This section, is being revised to delete

textile coating, bakeries and Christmas

ornament manufacturing from the list of
25790 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

sources that are required to follow the

interim standards. The sources removed

have had permanent rules adopted and

are now subject to those requirements.

The final revision in this section adds

a sentence that defines di-acetone

alcohol and perchloroethylene as a nonphotochemically reactive solvent for

these interim standards.

The permanent rules adopted were

SUBCHAPTER 3D .0955 THREAD

BONDING MANUFACTURING, .0956

GLASS CHRISTMAS ORNAMENT

MANUFACTURING, and .0957

COMMERCIAL BAKERIES. These

sections adopted rules to reduce the

emission level by requiring at least a

95% reduction by weight and/or by

installing a thermal incinerator with a

temperature of at least 1600 F and a

residence time of at least 0.75 seconds.

In addition to the above revisions EPA

is approving a revision applicable to the

following Sections: Subchapter 3D

.0907, .0910, .0911, .0952, and .0954.

This revision is an adjustment of the

final compliance dates for VOC’s from

May 15, 1995 to May 15, 1997.

The submitted revisions also included

amendments to Subchapter 3D .1401–

.1415; Reasonably Available Control

Technology for Sources of Nitrogen

Oxides (Nox RACT); .1501–.1504

Transportation Conformity; and .1601–

.1603; General Conformity. These

revisions are being addressed in

separate Federal Register documents.

Final Action

In this document, EPA is approving

the revisions to the Forsyth County

regulations listed above. This action is

being taken without prior proposal

because the changes are

noncontroversial and EPA anticipates

no significant comments on them. The

public should be advised that this

action will be effective on July 22, 1996.

However, if notice is received by June

24, 1996 that someone wishes to submit

adverse or critical comments, this action

will be withdrawn and two subsequent

documents will be published before the

effective date. One document will

withdraw the final action and another

will begin a new rulemaking by

announcing a proposal of the action and

establishing a comment period.

Under Section 307(b)(1) of the 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

July 22, 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 Act, 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 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).

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 Clean Air Act. These rules may

bind State, local and tribal governments

to perform certain duties. To the extent

that the rules being approved by this

action will impose any mandate upon

the State, local or tribal governments

either as the owner or operator of a

source or as a regulator, or would

impose any mandate upon the private

sector. EPA’s action will impose no new

requirements; 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. 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,

local, or tribal governments in the

aggregate or to the private sector.

List of Subjects in 40 CFR Part 52

Air pollution control, Carbon

Monoxide, Hydrocarbons, Incorporation

by reference, Intergovernmental

relations, Nitrogen dioxide, Ozone,

Reporting and Recordkeeping

requirements, Sulfur oxides.

Dated: March 21, 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 II—North Carolina

2. Section 52.1770, is amended by

adding paragraph (c)(90) to read as

follows:

§ 52.1770 Identification of plan.

* * * * *

(c) * * *

(90) The VOC regulations and other

miscellaneous revisions to the Forsyth

County Local Implementation Plan

which were submitted on December 28,

1995, and November 29, 1995.

(i) Incorporation by reference.
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 25791

(A) Amendments to Forsyth County

regulations Subchapter 3D .0104(a),

.0531 (e)–(k), .0902 (a)–(h), .0907 (a)–(c),

.0909 (a, c, d, e, and g), .0910 (a)–(d),

.0911, .0950 (a and b), .0952 (a)–(c) and

.0954 (f, h, k) adopted into the Air

Quality Control Technical Code on

November 13, 1995.

(B) Amendments to Forsyth County

regulations Subchapter 3D .0501 (a)–(h),

.0516 (a and b), .0518 (a)–(g), and .0530

(a)–(s), adopted into the Air Quality

Control Technical Code on August 14,

1995.

(C) Subchapter 3D .0955, .0956, and

.0957 adopted into the Air Quality

Control Technical Code on August 14,

1995.

(ii) Other material. None.

[FR Doc. 96–12890 Filed 5–22–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[WA48–7121a; FRL–5506–3]

Approval and Promulgation of

Implementation Plans: Washington

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: The Environmental Protection

Agency (EPA) is approving in part, and

disapproving in part, the Energy Facility

Site Evaluation Council Regulations

(EFSEC) as revisions to the Washington

State Implementation Plan (SIP). These

revisions were submitted to EPA by the

Director of the Washington Department

of Ecology (WDOE) on November 29,

1995 and in accordance with the

requirements of Title I Section 110 and

part D of the Clean Air Act (hereinafter

referred to as the Act). EPA is taking no

action on a number of the submitted

provisions which are unrelated to the

purposes of the implementation plan.

DATES: This action is effective on July

22, 1996 unless adverse or critical

comments are received by June 24,

1996. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should

be addressed to: Montel Livingston, SIP

Manager, Office of Air Quality (OAQ–

107), EPA, 1200 Sixth Avenue, Seattle,

Washington 98101.

Documents which are incorporated by

reference are available for public

inspection at the Air and Radiation

Docket and Information Center,

Environmental Protection Agency, 401

M Street, SW., Washington, D.C. 20460.

Copies of material submitted to EPA

may be examined during normal

business hours at the following

locations: EPA, Region 10, Office of Air

Quality, 1200 Sixth Avenue (OAQ–107),

Seattle, Washington 98101; and, the

State of Washington, Department of

Ecology, 4550 Third Avenue SE, Lacey,

Washington 98504.

FOR FURTHER INFORMATION CONTACT: Ed

Jones, Office of Air Quality (OAQ–107),

EPA, Seattle, Washington 98101, (206)

553–1743.

SUPPLEMENTARY INFORMATION

I. Background

The Energy Facility Site Evaluation

Council (EFSEC) amended Chapter 463–

39 of the Washington Administrative

Code (WAC) on September 21, 1995.

The Washington Department of Ecology

(WDOE), on behalf of the Governor,

submitted the amended regulations to

EPA on November 29, 1995 as a revision

to the Washington SIP. The amended

regulations pertain to General and

Operating Permit Regulations for Air

Pollution Sources administered by

EFSEC, and adopt by reference various

other state regulations. Some of the

regulations adopted by reference have

been the subject of previous EPA actions

on the SIP.

II. This Action

The state of Washington’s November

29, 1995 request for SIP revision

included fifteen regulations contained

in Chapter 463–39 of the WAC. Certain

of these regulations are amendments to

those currently contained in the SIP;

others are entirely new additions. As

part of the submittal the state also

requested that particular outdated WAC

463–39 regulations, currently in the

approved SIP, be removed.

A. Unchanged. EPA approves two

Chapter 463–39 regulations currently in

the SIP, and unchanged by the

November 29, 1995 revisions. These are

WAC 463–39–135 and –170.

B. Modifications. EPA approves, with

minor exception, the modification of

five amended Chapter 463–39

regulations currently in the SIP. These

are: WAC 463–39–010, –020, –030,

–100, and –120. The language in three

of these regulations—WAC 463–39–010

‘‘Purpose,’’ 463–39–020

‘‘Applicability,’’ and 463–39–100

‘‘Registration’’—has been modified only

slightly over that used in versions

currently in the SIP.

WAC 463–39–030 ‘‘Additional

Definitions’’ has been modified to

eliminate the listing of specific terms

and their regulatory meanings. The

modified regulation is brief and states

that in addition to the definitions

provided in WAC 173–400–030, 173–

401–200, and 173–406–101, ‘‘ecology’’

and ‘‘authority’’ shall be synonymous

with EFSEC. WAC 173–400–030 has

been previously approved for inclusion

in the SIP, and EPA approves the use of

these definitions for the purposes of

defining terms in Chapter 463–39.

WAC 463–39–120 ‘‘Monitoring and

Special Report’’ modifies language

contained in the regulation so that: (a)

Ecology may authorize a designee for

operating its surveillance program; (b)

the surveillance program must be in

accord with Chapter 173–400

regulations; and, (c) subparts 2–7 of the

previous regulation (concerning

‘‘investigation of conditions’’, ‘‘source

testing’’, etc.) are removed. Although

these six subparts are removed,

however, they are substantively found

in WAC 173–400–105 and –107, both of

which are contained in the approved

SIP, and adopted by reference in 463–

39–005.

In approving the modifications noted

above, it must be noted that reference to

Chapter 173–401 is made in four of the

amended regulations: WAC 463–39–

020, –030, –100, and –120. Chapter 173–

401 concerns Title V ‘‘Operating Permit

Regulation’’ and regulations in this

Chapter have not been included in the

SIP. In addition, reference is made to:

Chapter 173–406 ‘‘Acid Rain

Regulation’’ in WAC 463–39–020, –030,

and –120; and, Chapter 173–460

‘‘Controls for New Sources of Toxic Air

Pollutants’’ in WAC 463–39–020 and

–120. These regulations are also not a

part of the approved SIP. As a

consequence, EPA is not taking action

on the particular Chapter 173–401, 173–

406, and 173–460 references embodied

within the four regulations noted.

C. Additions. The state of Washington

has requested that eight new Chapter

463–39 regulations be added to the SIP.

These are: WAC 463–39–005, –070,

–090, –095, –105, –115, –140, and –230.

New regulation WAC 463–39–005

‘‘Adoption by Reference’’ adopts

twenty-four of the state’s Chapter 173–

400 regulations. On June 2, 1995 EPA

approved, disapproved, and took no

action on various state regulations

contained in Chapter 173–400,

submitted by the state for the purpose

of inclusion in the implementation plan

(60 FR 28726). The rationale for EPA’s

decisions on these regulations is

described in the February 22, 1995

Federal Register (60 FR 9802) proposing

the rulemaking. Of the twenty-four

Chapter 173–400 regulations referenced

in WAC 463–39–005, thirteen are

presently contained, in whole, in the

approved SIP. These are: WAC 173–

400–030 ‘‘Definitions,’’ –060 ‘‘Emission

Standards for General Process Units,’’