Approval and Promulgation of Implementation Plans; Ohio and Minnesota

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):

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Date of Date of

State Pollutant Subject matter Source submission approval

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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.

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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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