[Federal Register Volume 59, Number 235 (Thursday, December 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30003]


[[Page Unknown]]

[Federal Register: December 8, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OH55-1-6202 and MN33-1-6413; FRL-5078-2]

 

Approval and Promulgation of Implementation Plans; Ohio and 
Minnesota

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Final approval.

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SUMMARY: Pursuant to procedures described at 54 FR 2214 (January 19, 
1989), USEPA has recently approved two minor State Implementation Plan 
(SIP) revisions. This document lists the revisions USEPA has approved 
and incorporates the relevant material into the Code of Federal 
Regulations.

EFFECTIVE DATE: The effective date for the codification of USEPA's 
approval of the two SIP revisions is December 8, 1994.

ADDRESSES: Copies of the State SIP revision request and USEPA's letter 
notice of approval are available for public inspection during normal 
business hours at the following locations:

United States Environmental Protection Agency, Region 5, Air and 
Radiation Division, 77 West Jackson Boulevard (AE-17J), Chicago, 
Illinois 60604; and
Office of Air and Radiation Docket and Information Center (Air Docket 
6102), United States Environmental Protection Agency, 401 M Street, 
SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: John Summerhays, Regulation 
Development Section, Air Enforcement Branch (AE-17J), U.S. 
Environmental Protection Agency, Region 5, Chicago, Illinois 60604, 
(312) 886-6067.

SUPPLEMENTARY INFORMATION: USEPA Region 5 has approved the following 
minor SIP revision requests under Section 110(k) of the Clean Air Act 
(CAA):

----------------------------------------------------------------------------------------------------------------
                                                                                            Date of     Date of 
          State                 Pollutant          Subject matter           Source        submission   approval 
----------------------------------------------------------------------------------------------------------------
Ohio.....................  Particulate matter.  Withdrawal of        Owens-Corning        12/3/93...  2/21/94   
                                                 emissions variance   Fiberglas, Newark,                        
                                                 (bubble).            OH.                                       
Minnesota................  Particulate matter.  Revision of limit..  J.L. Shiely, St.     3/9/94....  5/19/94   
                                                                      Paul, MN.                                 
----------------------------------------------------------------------------------------------------------------

    USEPA has determined that these SIP revisions comply with all 
applicable requirements of the CAA and USEPA policy and regulations 
concerning such revisions. The revision for Owens-Corning in Ohio 
represents a withdrawal of a site-specific emissions trade involving 
emissions units that no longer operate, and has the effect of 
reinstating the limits pursuant to statewide rules. The revision for 
J.L. Shiely replaces an emission limit for one unit with a combination 
of emissions and hours of operation restrictions that effectively 
impose essentially the same limit on 24-hour total emissions. Due to 
the minor nature of these revisions, USEPA concluded that conducting 
notice-and-comment rulemaking prior to approving the revisions would 
have been ``unnecessary and contrary to public interest,'' and hence 
was not required by the Administrative Procedure Act, 5 U.S.C. Section 
553(b). The SIP approvals became final and effective on the date of 
USEPA approval as listed in the chart above.
    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. USEPA shall consider each request for revision to the SIP in light 
of specific 3 technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    The Office of Management and Budget (OMB) has exempted all SIP 
approvals from the requirements of section 3 of Executive Order 12866.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
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, USEPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. These 
actions each only affect one source, and do not impose any new 
requirements, but simply approve requirements that the State is already 
imposing. Therefore, under 5 U.S.C. 605(b), I certify that these SIP 
revisions will not have a significant impact on a substantial number of 
small entities.
    Under Section 307(b)(1) of the Act, as amended, judicial review of 
this action is available only by filing a petition for review in the 
United States Court of Appeals for the appropriate circuit by February 
6, 1995, action may not be challenged later in proceedings to enforce 
their requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Air pollution control, Environmental protection, Incorporation by 
reference, Intergovernmental relations, Particulate matter.

    Dated: September 12, 1994.
Valdas V. Adamkus,
Regional Administrator.

    Title 40 of the Code of Federal Regulations, chapter I, part 52, is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

    2. Section 52.1870 is amended by removing and reserving paragraph 
(c)(37).
    3. Section 52.1220 is amended by adding paragraph (c)(37) to read 
as follows:


Sec. 52.1220  Identification of plan.

* * * * *
    (c)* * *
    (37) On March 9, 1994, the State of Minnesota submitted a revision 
to its particulate matter plan for the Saint Paul area, providing 
substitute limits for an aggregate heater at the J.L. Shiely facility.
    (i) Incorporation by reference.
    (A) An amendment dated January 12, 1994, amending the 
administrative order of August 25, 1992, for the J.L. Shiely facility 
at 1177 Childs Road, Saint Paul.

[FR Doc. 94-30003 Filed 12-7-94; 8:45 am]
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