29666 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations

(8) Section 527, Areas Subject to

Sections 521 through 526.

(9) Section 602, Particulate Matter

(test methods).

(10) Section 606, Visible Emissions

(measurement).

(11) Section 607, Coke Oven

Emissions (measurement).

(12) Section 608, Coke Oven Gas

(measurement of hydrogen sulfide

content).

(ii) Additional material.

(A) Remainder of the December 31,

1992 submittal pertaining to the

Allegheny County portion of the

Pennsylvania SIP to reduce PM–10

emissions and visible emissions from

several categories of fugitive dust

sources.

(92) Revisions to the Allegheny

County portion of the Pennsylvania SIP

to reduce PM–10 emissions including

the newly created Allegheny County

Article XXI which both revised and

added emission reduction requirements

for certain industrial boilers, various

emission points at US Steel’s Clairton

Coke Works and the Glassport

Transportation Center, new definitions

related to coke oven gas emissions, and

new test methods for particulate matter;

submitted by the Pennsylvania

Department of Environmental Resources

on January 6, 1994 and effective

February 1, 1994.

(i) Incorporation by reference.

(A) Letter of January 6, 1994 from the

Pennsylvania Department of

Environmental Resources transmitting

Article XXI of Allegheny County Health

Department Rules and Regulations.

(B) The newly created Article XXI of

Allegheny County Health Department

Rules and Regulations in its entirety,

effective February 1, 1994.

(1) Part A (sections 2101 et seq.),

General, reserved in part:

(i) Section 2101. Short Titles.

(ii) Section 2101.3, Effective Date and

Repealer.

(iii) Section 2101.20, Definitions.

(2) Part B (sections 2102 et seq.),

Installation Permits, reserved.

(3) Part C (sections 2103 et seq.),

Operating Permits and Licenses,

reserved.

(4) Part D (sections 2104 et seq.),

Pollutant Emission Standards, reserved

in part.

(i) Section 2104.6, Particulate Mass

Emissions, replaces section 402 of

Article XX.

(5) Part E (sections 2105 et seq.),

Sources Emission and Operating

Standards, reserved in part.

(i) Section 2105.21, Coke Ovens and

Coke Oven Gas, replaces section 520.B.

through 520.J. and section 530 of Article

XX.

(ii) Section 2105.49, Fugitive

Emissions, replaces section 528 of

Article XX.

(6) Part F (sections 2106 et seq.), Air

Pollution Episodes, reserved.

(7) Part G (sections 2107 et seq.),

Methods, reserved in part:

(i) Section 2107.1, General.

(ii) Section 2107.2, Particulate Matter.

(8) Part H (sections 2108 et seq.),

Compliance, reserved.

(9) Part I (sections 2109 et seq.),

Enforcement, reserved.

(ii) Additional material.

(A) Remainder of the January 6, 1994

State submittal.

[FR Doc. 96–14786 Filed 6–11–96; 8:45 am]

BILLING CODE 6560–50–M

40 CFR Part 62

[TN–115–01–9616a; FRL–5519–6]

Approval and Promulgation of Air

Quality Implementation Plans;

Tennessee; Approval of Revisions to

Process Gaseous Emission Standards

for Total Reduced Sulfur Emissions

From Kraft Mills

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The Environmental Protection

Agency (EPA) is approving revisions to

the Tennessee State Implementation

Plan (SIP), submitted by the State of

Tennessee through the Tennessee

Department of Environment and

Conservation on June 25, 1993. The

submittal included revisions to the

State’s regulations for Process Gaseous

Emission Standards for Total Reduced

Sulfur (TRS) from Kraft Mills. These

revisions were made to bring these

regulations into compliance with the

1990 amendments to the Clean Air Act

(the Act) and the Federal regulations.

EPA finds that the revised rules meet

the Federal requirements for process

emission standards for sulfur emissions.

DATES: This final rule is effective August

12, 1996, unless adverse or critical

comments are received by July 12, 1996.

If the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Written comments should

be addressed to: Ms. Karen Borel, at the

Regional Office Address listed below.

Copies of the material submitted by

the State of Tennessee 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.

Tennessee Division of Air Pollution

Control, 9th Floor L&C Annex, 401

Church Street, Nashville, Tennessee

37243–1531.

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 Karen C. Borel,

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

extension 4197. Reference file TN115–

01–9616.

SUPPLEMENTARY INFORMATION: On June

25, 1993, the State of Tennessee

submitted revisions to the Tennessee

SIP, through the State of Tennessee

Department of Environment and

Conservation. These revisions were

made to bring this regulation into

accordance with the guidance provided

in the official EPA guidance document

(EPA–450/2–78–0003b) and to improve

the ambient air quality surrounding

affected facilities. The SIP revision was

reviewed by EPA to determine

completeness, and a letter of

completeness dated July 26, 1993, was

sent to the State of Tennessee. EPA

finds that the revisions provide for

consistency with the Act and

corresponding Federal regulations. EPA

is approving the following revisions to

the Tennessee SIP.

Rule 1200–3–7–.07(4) Total Reduced

Sulfur Emissions From Kraft Mills

(a) This subparagraph is amended by

striking the number ‘‘24’’ and inserting

the number ‘‘12.’’

(b) This subparagraph is amended by

striking the number ‘‘24’’ and inserting

the number ‘‘12.’’

This new rule meets the requirements

set forth in the EPA guidance document

EPA 450/2–78–003b, March, 1979. This

recommends the 12-hour averaging

interval. Statistically the reduction in

the averaging time interval will result in

reduced TRS emissions which will

improve ambient air quality

surrounding the affected facilities.

Final Action

EPA is approving revisions to

subparagraphs 1200–3–7–.07(4)(a) and
Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations 29667

(b) for Total Reduced Sulfur Emissions

for Kraft Mills. Specifically, EPA is

approving Tennessee’s submittal as

meeting the gaseous emissions

requirements for TRS emissions for

Kraft Mills.

The EPA is publishing this action

without prior proposal because the

Agency views this as a noncontroversial

action 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 on August 12,

1996, unless, by July 12, 1996, adverse

or critical comments are received.

If the EPA receives such comments,

this action will be withdrawn before the

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 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

on August 12, 1996.

Under section 307(b)(1) of the Act, 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 August 12, 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) 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 should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to any SIP 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

economic impact on a substantial

number of small entities. Small entities

include small business, small not-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000.

SIP approvals under sections 110 and

11 and subchapter I, part D of the Act

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 Act,

preparation of a regulatory flexibility

analysis would constitute Federal

inquiry into the economic

reasonableness of state action. The Act

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 (1976); 42 U.S.C.

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

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 165

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 62

Environmental protection, Air

pollution control, Paper and paper

products industry, Phosphate, Reporting

and recordkeeping requirements,

Sulfuric oxides.

Dated: May 28, 1996.

A. Stanley Meiburg,

Acting Regional Administrator.

Part 62, of chapter I, title 40, Code of

Federal Regulations, is amended as

follows:

PART 62—[AMENDED]

1. The authority citation for part 62

continues to read as follows:

Authority: 42 U.S.C. 7413 and 7601.

Subpart RR—Tennessee

2. Subpart RR is amended by adding

an undesignated heading and a new

§ 62.10625 to read as follows:

Total Reduced Sulfur Emissions From

Existing Kraft Pulp Mills

§ 62.10625 Identification of plan.

On June 25, 1993, the State submitted

revisions to the Tennessee State

Implementation Plan (SIP). These were

revisions to the process gaseous

emission standards. These revisions

incorporate changes to Rule 1200–3–7–

.07, subparagraphs (4)(a) and (4)(b) of

the Tennessee SIP which bring this into

conformance with the requirements of

40 CFR part 62, subpart I.

[FR Doc. 96–14908 Filed 6–11–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 81

[ID14–6994a; FRL–5515–1 ]

Description of Areas for Air Quality

Planning Purposes; State of Idaho;

Correction to Boundary of the PowerBannock Counties Particulate Matter

Nonattainment Area to Exclude the

Inkom Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule, correction.

SUMMARY: This action corrects EPA’s

announcement of the boundary of the

Power-Bannock Counties PM–10

nonattainment area (particulate matter

with an aerodynamic diameter less than

or equal to a nominal 10 micrometers)

in the State of Idaho. The boundary of

the Power-Bannock Counties PM–10

nonattainment area is being corrected to

exclude that portion east of the Inkom

Gap, a geographic feature separating the

Inkom area from the rest of the