[Federal Register Volume 61, Number 231 (Friday, November 29, 1996)]
[Rules and Regulations]
[Pages 60613-60615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30327]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[ND4-1-6459a, UT8-1-6460a, CO20-1-6461a, MT14-1-6462a; FRL-5282-1]


Clean Air Act, Section 507, Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program for the 
States of North Dakota, Utah, Colorado and Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; correction.

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SUMMARY: EPA approved the State Implementation Plan revisions for the 
States of North Dakota, Utah, Colorado and Montana (January 11, 1994 in 
59 FR 1485, January 11, 1994 in 59 FR 1485, January 28, 1994 in 59 FR 
4003, March 4, 1994 in 59 FR 10284, respectively) for the purpose of 
establishing Small Business Stationary Source Technical and 
Environmental Compliance Assistance Programs. This notice amends those 
approvals to incorporate by reference the States' Programs, and deletes 
the following sections from part 52, chapter I, title 40 of the Code of 
Federal Regulations: Sec. 52.1833 of subpart JJ--North Dakota, 
Sec. 52.2348 of subpart TT--Utah, Sec. 52.347 of subpart G--Colorado, 
and Sec. 52.1389 of subpart BB--Montana.
    The EPA is publishing this action without prior proposal because 
the Agency 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 January 28, 1997

[[Page 60614]]

unless, by December 30, 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    If the EPA receives such comments, this action will be withdrawn 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 January 28, 1997.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
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.

DATES: This action is effective January 28, 1997, unless adverse or 
critical comments are received by December 30, 1996. If the effective 
date is delayed timely notice will be published in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Meredith Bond, Mail Code 8P2-A, EPA 
Region 8, 999 18th Street, Suite 500, Denver, Colorado 80202-2405, 
(303) 312-6438.
SUPPLEMENTARY INFORMATION: Administrative Requirements.

A. Executive Order 12866

    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.

B. Regulatory Flexibility Act

    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 section 110 and subchapter I, part D of the 
Clean Air 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, the 
Administrator certifies 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 flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
private sector, or $100 million or more. Under Section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
Federal requirements. Accordingly, no additional costs to State, local, 
or tribal governments, or to the private sector, result from this 
action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) of the Administrative Procedure Act 
(APA) as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, EPA submitted a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the General Accounting 
office prior to publication of the rule in today's Federal Register. 
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2) of the 
APA as amended.

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 28, 1997. 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Small business assistance program.

    Dated: February 13, 1996.
Jack McGraw,
Acting Regional Administrator.

    Part 52, chapter I, title 40 of the 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 BB--Montana

    2. Section 52.1370 is amended by adding paragraph (c)(34) to read 
as follows:


Sec. 52.1370   Identification of plan.

* * * * *
    (c) * * *
    (34) On October 19, 1992, the Governor of Montana submitted a plan 
for the establishment and implementation of a Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program to be 
incorporated into the Montana State Implementation Plan as required by 
section 507 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Montana Code Annotated, Sections 75-2-106, 75-2-107, 75-2-108, 
75-2-109 and 75-2-220, to establish and fund a small business 
stationary source technical and environmental compliance assistance 
program, effective April 24, 1993.
    (ii) Additional Materials.

[[Page 60615]]

    (A) October 19, 1992 letter from the Governor of Montana submitting 
a Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program plan to EPA.
    (B) The State of Montana plan for the establishment and 
implementation of a Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program, adopted by the Board of 
Health and Environmental Sciences on September 25, 1992, effective 
September 25, 1992.


Sec. 52.1389   [Removed]

    3. Section 52.1389 is removed.

Subpart TT--Utah

    4. Section 52.2320 is amended by adding paragraph (c)(30) to read 
as follows:


Sec. 52.2320   Identification of plan.

* * * * *
    (c) * * *
    (30) On November 9, 1992, the Governor of Utah submitted a plan for 
the establishment and implementation of a Small Business Assistance 
Program to be incorporated into the Utah State Implementation Plan as 
required by section 507 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Utah Code, Title 19, Chapter 2, Air Conservation Act, Sections 
19-2-109.1 and 19-2-109.2, to establish and fund a small business 
stationary source technical and environmental compliance assistance 
program, effective April 27, 1992.
    (ii) Additional Materials.
    (A) November 9, 1992 letter from the Governor of Utah submitting a 
Small Business Assistance Program plan to EPA.
    (B) The State of Utah plan for the establishment and implementation 
of a Small Business Assistance Program, promulgated September 30, 1992 
by the Utah Air Quality Board, effective December 1, 1992.


Sec. 52.2348   [Removed]

    5. Section 52.2348 is removed.

Subpart G--Colorado

    6. Section 52.320 is amended by adding paragraph (c)(63) to read as 
follows:


Sec. 52.320  Identification of plan.

* * * * *
    (c) * * *
    (63) On November 18, 1992, the Governor of Colorado submitted a 
plan for the establishment and implementation of a Small Business 
Assistance Program to be incorporated into the Colorado State 
Implementation Plan as required by section 507 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Colorado Revised Statutes, Sections 25-7-109.2 and 25-7-114.7, 
to establish and fund a small business stationary source technical and 
environmental compliance assistance program, effective July 1, 1992.
    (ii) Additional materials.
    (A) November 18, 1992 letter from the Governor of Colorado 
submitting a Small Business Assistance Program plan to EPA.
    (B) The State of Colorado plan for the establishment and 
implementation of a Small Business Assistance Program, adopted by the 
Colorado Air Quality Control Commission on October 15, 1992, effective 
October 15, 1992.


Sec. 52.347  [Removed]

    7. Section 52.347 is removed.

Subpart JJ--North Dakota

    8. Section 52.1820 is amended by adding paragraph (c)(25) to read 
as follows:


Sec. 52.1820  Identification of plan.

* * * * *
    (c) * * *
    (25) On November 2, 1992, the Governor of North Dakota submitted a 
plan for the establishment and implementation of a Small Business 
Assistance Program to be incorporated into the North Dakota State 
Implementation Plan as required by section 507 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Executive Order 1992-5, executed May 21, 1992, to establish a 
Small Business Compliance Advisory Panel.
    (ii) Additional Materials.
    (A) November 2, 1992 letter from the Governor of North Dakota 
submitting a Small Business Assistance Program plan to EPA.
    (B) The State of North Dakota plan for the establishment and 
implementation of a Small Business Assistance Program, adopted by the 
North Dakota State Department of Health and Consolidated Laboratories 
on October 23, 1992, effective October 23, 1992.


Sec. 52.1833  [Removed]

    9. Section 52.1833 is removed.

    Editoral Note: This document was received at the Office of the 
Federal Register on November 22, 1996.

[FR Doc. 96-30327 Filed 11-27-96; 8:45 am]
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