33674 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

SUMMARY: In 1978, the administration

and enforcement responsibility for

contractor compliance with equal

employment opportunity was

transferred from contracting agencies

like EPA to the Department of Labor,

Office of Federal Contract Compliance

Programs. OFCCP promulgated revised

regulations governing contractor

compliance with equal employment

opportunity at 41 CFR part 60.

Therefore, it is the opinion of EPA, with

the concurrence of OFCCP, that the EPA

regulations at 40 CFR part 8 are

outdated and no longer necessary.

EFFECTIVE DATE: June 28, 1996.

FOR FURTHER INFORMATION CONTACT:

Rodney Cash at (202) 260–4582,

Environmental Protection Agency, 401

M Street, S.W., Washington, D.C. 20460

(Mail Code 1205).

SUPPLEMENTARY INFORMATION:

A. Background

President Clinton has directed each

federal agency to determine which

agency regulations can be deleted

because they are obsolete, confusing, or

unenforceable. This effort is aimed at

making our regulations easier to

understand by removing those which

are no longer necessary. This final rule

eliminates an entire part of the CFR

which is now outdated and

unnecessary.

The purpose of the EPA regulations at

40 CFR Part 8 was to fulfill EPA’s

responsibilities under Executive Order

11246. Executive Order 11246 requires

that employers holding covered Federal

contracts and federally assisted

construction contracts comply with

non-discrimination and affirmative

action requirements to ensure equal

employment opportunities without

regard to race, color, religion, sex or

national origin.

The basis for repealing these

regulations is that the regulatory scheme

has since been vested in another set of

regulations promulgated by the Office of

Contractor Compliance Programs

(OFCCP) at the Department of Labor.

EPA, as a contracting agency, formerly

had the responsibility for administration

and enforcement of equal employment

opportunity obligations of its

contractors. In 1978, however, that

authority was removed from EPA and

transferred to OFCCP by Executive

Order 12086. The original EPA

regulations only serve to mislead and

confuse the regulated entities and those

who might seek redress through

enforcement. For these reasons, EPA is

‘‘housecleaning’’ and removing these

outdated, unnecessary regulations from

the CFR. The pertinent regulations

governing these contractor compliance

issues are now handled exclusively by

OFCCP.

B. Executive Order 12866

This rule is not a significant

regulatory action as defined in

Executive Order 12866; therefore, no

review is required at the Office of

Information and Regulatory Affairs

within OMB.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because this rule does not

propose any information collection

requirements which would require the

approval of OMB under 44 U.S.C. 3501,

et seq.

D. Regulatory Flexibility Act

This rule does not have a significant

impact on a substantial number of small

entities within the meaning of the

Regulatory Flexibility Act, 5 U.S.C. 601

et seq.

E. Unfunded Mandates

This final rule does not impose

unfunded mandates on state and local

entities or others. No new compliance

mandates would be created by the

removal of these regulations.

List of Subjects in 40 CFR Part 8

Environmental protection.

Dated: June 21, 1996.

Carol M. Browner,

Administrator.

PART 8—[REMOVED]

For the reasons set out in the

preamble, under authority of section

201, Executive Order 11246, 30 FR

12319, and 41 CFR 60–1.6(c), EPA is

removing 40 CFR Part 8.

[FR Doc. 96–16586 Filed 6–27–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[KY86–2–6933a; FRL–5456–4]

Approval and Promulgation of

Implementation Plans Kentucky:

Approval of Revisions to the Kentucky

State Implementation Plan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to

the Kentucky State Implementation Plan

(SIP) submitted on December 29, 1994,

by the Commonwealth of Kentucky

through the Natural Resources and

Environmental Protection Cabinet

(Cabinet). The revisions pertain to

Kentucky regulations 401 KAR 59:101

New Bulk Gasoline Plants and 401 KAR

61:056 Existing Bulk Gasoline Plants.

The revisions were the subject of a

public hearing held on July 26, 1994,

and became state effective September

28, 1994. The intended effect of these

revisions is to clarify certain provisions

and ensure consistency with

requirements of the Clean Air Act.

DATES: This final rule is effective August

27, 1996 unless notice is received by

July 29, 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: Scott M. Martin,

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 documents relative to

this action are available for public

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

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, Atlanta, Georgia

30365.

Natural Resources and Environmental

Protection Cabinet, Department for

Environmental Protection, Division

for Air Quality, 803 Schenkel Lane,

Frankfort, Kentucky 40601–1403.

FOR FURTHER INFORMATION CONTACT: Mr.

Scott M. Martin, Regulatory Planning

and Development Section, Air Programs

Branch, Air Pesticides and Toxics

Management Division, Region 4

Environmental Protection Agency, 345

Courtland Street, NE., Atlanta, Georgia

30365. The telephone number is (404)

347–3555 ext. 4216.

SUPPLEMENTARY INFORMATION: On

December 29, 1994, the Commonwealth

of Kentucky through the Cabinet,

submitted revisions to the Kentucky

SIP. The revisions pertain to Kentucky

regulations 401 KAR 59:101 New Bulk

Gasoline Plants and 401 KAR 61:056

Existing Bulk Gasoline Plants. The

revisions were the subject of a public

hearing held on July 26, 1994, and

became state effective September 28,
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33675

1994. The intended effect of these

revisions is to clarify certain provisions

and ensure consistency with

requirements of the Clean Air Act. The

following revisions apply to both 401

KAR 59:101 New Bulk Gasoline Plants

and 401 KAR 61:056 Existing Bulk

Gasoline Plants.

1. Section 1. Applicability. This

section was revised and contains

language that details which facilities

must comply with this regulation. These

revisions do not relax the applicability

requirements. Additionally, this section

was renumbered to be section 2.

2. Section 2. Definitions. This section

was renumbered as Section 1.

3. Section 3. VOCs. Paragraph 4,

which reads as follows, ‘‘The vapor

balance system must be equipped with

interlocking devices which prevent

transfer of gasoline until the vapor

return hose is connected’’ was deleted.

This regulation was deleted because

new technology has been developed

which deems it obsolete.

4. Section 6. Compliance Timetable.

This section, which outlines the

timeframe for compliance with this

regulation, is being added.

5. Section 7. Exemptions. is being

added. It reads as follows: ‘‘An affected

facility shall be exempt from this

administrative regulation if the

throughput is less than 4,000 gal/day. A

rolling thirty (30) day average shall be

allowed for determining applicability.’’

This exemption is consistent with EPA

policy.

Final Action

EPA is approving the above

referenced revisions to the Kentucky SIP

because they meet the requirements of

the EPA and the Clean Air Act (CAA).

This action is being taken without prior

proposal because the EPA views this as

a noncontroversial amendment 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 27 1996 unless, by July 29, 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 this action serving as a

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 August 27, 1996.

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

August 27, 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 CAA, 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.

Section 603 and Section 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 Section 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) and

7410(k)(3).

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 CAA. These rules may bind State,

local and tribal governments to perform

certain duties. EPA has examined

whether 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. Therefore, 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

Environmental protection, Air

pollution control, Incorporation by

Reference, Intergovernmental relations,

Particulate Matter, Reporting and

Recordkeeping requirements, Sulfur

Oxides.

Dated: March 12, 1996.

Phyllis 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.
33676 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

1See sections 179(c) and 186(b)(2) of the Act.

Subpart S—Kentucky

2. Section 52.920 is amended by

adding paragraph (c) (84) to read as

follows:

§ 52.920 Identification of plan.

* * * * *

(c) * * *

(84) Revisions to the Kentucky State

Implementation Plan submitted by the

Natural Resources and Environmental

Protection Cabinet on December 29,

1994. The regulations being revised are

401 KAR 59:101 New Bulk Gasoline

Plants and 401 KAR 61:056 Existing

Bulk Gasoline Plants.

(i) Incorporation by reference.

Division for Air Quality regulations 401

KAR 59:101 New bulk gasoline plants,

and 401 KAR 61:056 Existing bulk

gasoline plants, effective September 28,

1994.

(ii) Additional material. None.

[FR Doc. 96–16154 Filed 6–27–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[AK13–7101a; FRL–5523–7]

Clean Air Act Attainment Extension for

the Municipality of Anchorage Area

Carbon Monoxide Nonattainment Area:

Alaska

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This action grants a one (1)

year attainment date extension for the

Municipality of Anchorage (MOA),

Alaska carbon monoxide (CO)

nonattainment area. The MOA area

failed to attain the National Ambient Air

Quality Standard (NAAQS) for CO by

the December 31, 1995 deadline

pursuant to the 1990 Clean Air Act

Amendments (CAAA). CO attainment is

based on eight (8) consecutive quarters

(two years) of clean air quality data.

There were two (2) exceedances of the

CO NAAQS recorded in the

nonattainment area in 1994, and no

exceedances in 1995. Due to no

exceedances in 1995 and the State’s

compliance with all requirements and

commitments pertaining to the MOA

area in the Alaska State Implementation

Plan (SIP), an extension to meet the

standards by December 31, 1996 is

granted. This action is based on 1994

and 1995 monitored air quality data for

the CO NAAQS.

DATES: This action is effective on

August 27, 1996 unless adverse or

critical comments are received by July

29, 1996. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Comments should be

addressed to Tamara Langton,

Environmental Protection Specialist,

Office of Air Quality (OAQ–107), EPA,

Seattle, Washington 98101.

Copies of the State’s request and other

information supporting this action are

available for inspection during normal

business hours at the following

locations: EPA, Office of Air Quality

(OAQ–107), 1200 Sixth Avenue, Seattle,

Washington 98101; the Alaska

Department of Environmental

Conservation, 410 Willoughby, Suite

105, Juneau, Alaska, 99801–1795.

FOR FURTHER INFORMATION CONTACT:

Tamara Langton, Environmental

Protection Specialist, Office of Air

Quality (OAQ–107), EPA, Seattle,

Washington 98101, (206) 553–2709.

SUPPLEMENTARY INFORMATION:

I. Background

A. CAAA Requirements and EPA

Actions Concerning Designation and

Classification

The 1990 CAAA created a new

classification structure for CO

nonattainment areas which was based

upon the severity of the nonattainment

problem. For moderate CO

nonattainment areas with a design value

between 9.1–16.4 parts per million

(ppm), the attainment date was to be as

expeditious as practicable but no later

than December 31, 1995.

The air quality planning requirements

for moderate CO nonattainment areas

are set out in sections 186–187 of the

CAAA which pertain to the

classification of CO nonattainment areas

and submission of SIP requirements for

these areas, respectively. The EPA

issued a ‘‘General Preamble’’ which

stated EPA’s preliminary views

concerning how EPA intended to review

SIP’s and SIP revisions submitted as

required under Title I of the Act, [See

generally 57 FR 13489 (April 16, 1992)

and 57 FR 18070 (April 28, 1992)].

States containing CO moderate

nonattainment areas with design values

of 9.1–16.4 ppm were required to

submit SIP’s for these areas on or before

November 15, 1992 which would

provide for attainment by December 31,

1995.

B. Attainment Determinations

The EPA has the responsibility for

determining whether a nonattainment

area has attained the CO NAAQS by the

applicable attainment date.1 The EPA

has the responsibility of making

attainment determinations for moderate

CO nonattainment areas by no later than

six (6) months after the December 31,

1995 attainment date for these areas.

The EPA will be making attainment

determinations for CO nonattainment

areas based upon whether an area has 8

consecutive quarters (2 years) of clean

air quality data. No special or additional

SIP submittal is required from the State

for this determination. Section 179(c)(1)

of the Act provides that the attainment

determination is to be based upon an

area’s ‘‘air quality as of the attainment

date.’’ The EPA will make the

determination of whether an area’s air

quality is meeting the CO NAAQS by

the applicable attainment date based

upon the most recent 2 years of data

gathered from air quality monitoring

sites which have been entered into the

Aerometric Information Retrieval

System (AIRS) data base.

A CO nonattainment area’s air quality

status is determined in accordance with

40 CFR Part 50.8, and in accordance

with EPA policy as stated in a

memorandum from William G. Laxton,

Director Technical Support Division,

entitled ‘‘Ozone and Carbon Monoxide

Design Value Calculations’’, June 18,

1990. CO design values are discussed in

terms of the 8-hour CO NAAQS. The 1-

hour CO design value should be

computed in the same manner as the 8-

hour NAAQS.

The CO NAAQS requires that not

more than 1, 8-hour average per year

can exceed 9.0 ppm (9 greater than or

equal to 9.5 ppm to adjust for rounding).

CO attainment is evaluated by reviewing

8 quarters or a total of 2 consecutive and

complete years of data. If an area has a

design value greater than 9.0 ppm, this

serves as an indication that a monitoring

site in the area, where the secondhighest (non-overlapping) 8-hour

average was measured, had CO

concentrations measured at levels

greater than 9.0 ppm in at least 1 of the

2 years. This indicates that there were

at least 2 values above the standard (9.0

ppm) during 1 of the 2 years (1994)

being reviewed at a particular

monitoring site, thus the standard was

not met.

C. Application for a 1-year Extension of

the Attainment Date

If the State does not have the 2

consecutive clean years of data to show

attainment of the NAAQS, a State may

apply for an extension of the attainment

date. Pursuant to section 186(a)(4) of the

Act, a State may apply for and EPA may

grant a 1-year extension of the

attainment date if the State has: (1)

complied with the requirements and

commitments pertaining to the