[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14974-14975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8221]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[AD-FRL-5446-7]


Arizona Visibility Federal Implementation Plan Corrective 
Revision

AGENCY: Environmental Protection Agency (U.S. EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA hereby promulgates revisions to the visibility Federal 
implementation plan (FIP) for the State of Arizona to correct errors in 
internal cross-references within the existing regulations addressing 
control requirements at the Navajo Generating Station, adopted to 
protect visibility at the Grand Canyon National Park. The rules being 
corrected were published in the Federal Register on October 3, 1991. 
The internal cross-reference errors occur in the compliance 
determination procedures at 40 CFR 52.145(d)(3).

DATES: This action will be effective on June 3, 1996 unless adverse or 
critical comments are received by May 6, 1996.
    If the effective date is delayed, timely notice will be published 
in the Federal Register.

ADDRESSES: Written comments must be submitted, in duplicate, to: Docket 
No. A-96-12, U.S. Environmental Protection Agency, Air and Radiation 
Docket and Information Center, Room M-1500 (6102), 401 M Street, SW, 
Washington, DC 20460. The public comments should address only the 
accuracy of EPA's corrections to the cross-referencing errors described 
below. The EPA is not requesting public comment on the underlying 
merits or substance of the final rules which are unaffected by the 
technical corrections announced today.
    The public docket for the rules issued on October 3, 1991 is A-89-
02A and the public docket for this corrective revision to the October 
3, 1991 rules is A-96-12. The dockets are available for public 
inspection and copying between 8:00 a.m. to 4:00 p.m., Monday through 
Friday, at the U.S. Environmental Protection Agency's Air and Radiation 
Docket and Information Center listed above. A reasonable fee may be 
charged for copies.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Damberg, U.S. 
Environmental Protection Agency, Office of Air Quality Planning and 
Standards (MD-15), Research Triangle Park, North Carolina 27711, (919) 
541-5592.

SUPPLEMENTARY INFORMATION:

I. Background

    The EPA previously issued rules establishing control requirements 
for the Navajo Generating Station to protect visibility in the Grand 
Canyon National Park (see 56 FR 50172-50187, October 3, 1991). The 
rules were codified at 40 CFR 52.145(d).
    The Salt River Project Agricultural Improvement and Power District, 
the owner-operator of the Navajo Generating Station, subsequently 
discovered errors in internal cross-references in the regulations and 
notified EPA. The EPA reviewed the regulations and determined that the 
rules codified at 40 CFR 52.145(d)(3), which address compliance 
determination procedures, misidentify internal cross-references in five 
locations. Specifically, the references in 52.145(d)(3)(v)-(vii) to the 
outputs of 52.145(d)(3)(ii)-(v) should instead reference the outputs of 
52.145(d)(3)(iii)-(vi), respectively. Accordingly, in this action, EPA 
is correcting the five cross-references in 52.145(d)(3)(v)-(vii).

II. Administrative Requirements

A. Executive Order (E.O.) 12866

    Section 3(f) of E.O. 12866 defines ``significant regulatory 
action'' to mean any regulatory action that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety or State, local, or tribal governments or communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency;
    (3) materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the E.O.
    These corrective regulatory revisions are not a ``significant 
regulatory action'' under the terms of E.O. 12866, and this regulatory 
action was not reviewed by the Office of Management and Budget.

B. Paperwork Reduction Act

    These corrective regulatory revisions do not contain any 
information collection requirements subject to review by the Office of 
Management and Budget under the Paperwork Reduction Act, 44 U.S.C. 
3501, et seq.

C. Regulatory Flexibility Act (RFA)

    Under the RFA, 5 U.S.C. sections 601-612, EPA must prepare, for 
rules subject to notice-and-comment rulemaking, initial and final 
regulatory flexibility analyses describing the impact on small 
entities. Small entities include small businesses, organizations, and 
governmental jurisdictions. However, the requirement of preparing such 
analyses is inapplicable if EPA certifies that the rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities (see 5 U.S.C. 605(b)). These corrective regulatory 
revisions do not establish any new or additional regulatory 
requirements and will not impact small entities. Therefore, EPA 
certifies that these revisions do not have a significant impact on a 
substantial number of small entities, and the requirement to perform 
regulatory flexibility analyses is inapplicable.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. No.

[[Page 14975]]
104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Today's rule contains no Federal 
mandates (under the regulatory provisions of title II of the UMRA) for 
State, local, or tribal governments or the private sector nor will 
today's rule have a significant or unique affect on small governments. 
Today's rule does not contain mandates, does not establish new 
regulatory requirements and does not change the stringency or scope of 
the existing regulations. Rather, as previously explained, today's rule 
solely corrects errors in internal regulatory cross-references within 
existing regulations.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Particulate matter, Carbon monoxide, Ozone, Lead, Sulfur oxides, 
Reporting and recordkeeping requirements.

    Dated: March 18, 1996.
Mary Nichols,
Assistant Administrator for Air and Radiation.

    40 CFR part 52 is amended as follows:

PART 40--[AMENDED]

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

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

    1. Section 52.145 is amended by revising paragraphs (d)(3)(v) 
through (vii) to read as follows:


Sec. 52.145  Visibility protection.

* * * * *
    (d) * * *
    (3) * * *
    (v) Sum, for all affected units, the products of the daily SO2 
emission rate-electric energy generated (as calculated according to 
paragraph (d)(3)(iii) of this section) for the boiler operating days 
identified in paragraph (d)(3)(iv) of this section.
    (vi) Sum, for all affected units, the daily electric energy 
generated (recorded according to paragraph (d)(3)(i)of this section) 
for the boiler operating days identified in paragraph (d)(3)(iv) of 
this section.
    (vii) Calculate the weighted plant-wide annual average SO2 
emission rate by dividing the sum of the products determined according 
to paragraph (d)(3)(v) of this section by the sum of the electric 
energy generated determined according to paragraph (d)(3)(vi) of this 
section.
* * * * *
[FR Doc. 96-8221 Filed 4-3-96; 8:45 am]
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