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Federal Register / Vol. 61, No. 17 / Thursday, January 25, 1996 / Proposed Rules
C. Crediting Like Work Experience for
Training Purposes
Currently shaft and slope and
construction workers are not required to
take part 48 training in most instances.
Following current policy, if a worker
performs shaft and slope work for 12
months or more within 36 months and
is then contracted to perform extraction
and production work, the worker would
not receive credit toward establishing
experienced miner status for time
already worked. MSHA is reviewing the
possibility of allowing these workers to
receive credit toward establishing the 12
months of mining experience required
to maintain experienced miner status.
Another issue MSHA is considering is
experienced miner credit for like work
experience for a person from a non-
mining environment. This would allow
such a person working on mine property
to be considered experienced for
training purposes. A related issue is
how the operator would document the
existence of like work experience.
D. Independent Contractor Training
Current policy allows independent
contractors to have their own training
plan or use the mine operator’s plan.
Contractors can also conduct their own
training, be trained by the operator, or
use approved cooperative or state
programs. MSHA is considering
different language to make it easier for
independent contractors and operators
to determine what type of training (new
miner, newly-employed experienced
miner, or hazard) is required for
independent contractors.
E. Completing and Signing Training
Certificates (Form 5000–23)
MSHA is considering clarifying the
legal responsibility of the person
certifying that training is completed and
who may sign the form and when.
MSHA is also interested in comments
on how computerized versions of Form
5000–23 can best be utilized within the
existing regulatory framework.
III. Request for Comments
This notice covers the main points
raised at the various public meetings.
During the comment period, anyone
may submit comments or suggestions
related to any aspect of part 48 policy.
Dated: January 16, 1996.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and
Health.
[FR Doc. 96–1079 Filed 1–24–96; 8:45 am]
BILLING CODE 4510–43–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Chapter I
[FRL–5402–9]
Open Meeting of the Negotiated
Rulemaking Advisory Committee for
Small Nonroad Engine Regulations
AGENCY: Environmental Protection
Agency.
ACTION: FACA committee meeting—
negotiated rulemaking on small nonroad
engine regulations.
SUMMARY: As required by section 9(a)(2)
of the Federal Advisory Committee Act
(Pub. L. 92–463), EPA is giving notice of
the next meeting of the Advisory
Committee to negotiate the Phase II rule
to reduce air emissions from small
nonroad engines. Small nonroad
engines are engines which are spark
ignited gasoline engines less than 25
horsepower, including lawn mower,
chain saw, and weed wacker engines.
The meeting is open to the public
without advance registration. Agenda
items for the meeting include discussion
of the emissions standard and standard
structure. The Committee is hoping to
finalize a series of recommendations to
EPA regarding the control of emissions
in Phase II of the rule.
DATES: The committee will meet on
February 16, 1996 from 10 a.m. to 6 p.m.
ADDRESSES: The location of the meeting
will be the Courtyard by Marriott, 3205
Boardwalk, Ann Arbor, MI 48108;
phone: (313) 995–5900.
FOR FURTHER INFORMATION CONTACT:
Persons needing further information on
the substantive matters of the rule
should contact Gay McGregor, National
Vehicle and Fuel Emissions Laboratory,
2565 Plymouth Rd., Ann Arbor,
Michigan 48105, (313) 668–4438.
Persons needing further information on
committee procedural matters should
call Deborah Dalton, Consensus and
Dispute Resolution Program,
Environmental Protection Agency, 401
M Street, S.W. Washington, DC 20460,
(202) 260–5495, or the Committee’s
facilitators, Lucy Moore or John Folk-
Williams, Western Network, 616 Don
Gaspar, Santa Fe, New Mexico, 87501,
(505) 982–9805.
Dated: January 19, 1996.
Deborah Dalton,
Designated Federal Official.
[FR Doc. 96–1209 Filed 1–24–96; 8:45 am]
BILLING CODE 6560–50–P
40 CFR Part 70
[VIOO1; FRL–5403–2]
Clean Air Act Proposed Full Approval
of Operating Permits Program: The
United States Virgin Islands
AGENCY: U.S. Environmental Protection
Agency (EPA).
ACTION: Proposed full approval.
SUMMARY: The EPA proposes full
approval of the operating permits
program submitted by the United States
Virgin Islands for the purpose of
complying with Federal requirements
for an approvable state program to issue
operating permits to all major stationary
sources and to certain other sources.
DATES: Comments on this proposed
action must be received in writing by
February 26, 1996. Written comments
should be addressed to Steven C. Riva,
Chief, Permitting and Toxics Support
Section, at the New York Region II
Office listed below.
ADDRESSES: Copies of the State’s
submittal and other supporting
information used in developing the
proposed full approval are available for
inspection during normal business
hours at the following locations:
EPA Region II, 290 Broadway, 21st
Floor, New York, New York 10007–
1866, Attention: Steven C. Riva.
EPA Region II, Caribbean Field Office,
Centro Europa Building, Suite 417, 1492
Ponce de Leon Avenue, Stop 22, San
Juan, Puerto Rico 00907–4127,
Attention: Jose Ivan Guzman.
The U.S. Virgin Islands Department of
Planning and Natural Resources,
Division of Environmental Protection,
Building 111, Apartment 14A, Water
Gut Homes, Christainsted, St. Croix,
U.S. Virgin Islands 00820. Attention:
Leonard Reed.
FOR FURTHER INFORMATION CONTACT:
Umesh Dholakia, Permitting and Toxics
Support Section, at the above EPA office
in New York or at telephone number
(212) 637–4023.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
As required under title V of the Clean
Air Act (‘‘the Act’’) as amended in 1990,
EPA has promulgated rules which
define the minimum elements of an
approvable State operating permits
program and the corresponding
standards and procedures by which the
EPA will approve, oversee, and
withdraw approval of State operating
permits programs (see 57 FR 32250 (July
21, 1992)). These rules are codified at 40
Code of Federal Regulations (CFR) Part
70. Title V requires States to develop,
2217
Federal Register / Vol. 61, No. 17 / Thursday, January 25, 1996 / Proposed Rules
and submit to EPA, programs for issuing
these operating permits to all major
stationary sources and to certain other
sources.
The Act requires that States develop
and submit these programs to EPA by
November 15, 1993, and that EPA act to
approve or disapprove each program
within 1 year after receiving the
submittal. The EPA’s program review
occurs pursuant to Section 502 of the
Act and the Part 70 regulations, which
together outline criteria for approval or
disapproval. Where a program
substantially, but not fully, meets the
requirements of Part 70, EPA may grant
the program interim approval for a
period of up to 2 years. If EPA has not
fully approved a program by 2 years
after the November 15, 1993 date, or by
the end of an interim program, it must
establish and implement a Federal
program.
II. Proposed Action and Implications
A. Analysis of State Submission
1. Support Materials
The Governor of the United States
Virgin Islands submitted a Part 70
permitting program for the U.S. Virgin
Islands with a letter requesting EPA’s
approval on November 18, 1993 and
supplemental packages through June 9,
1995. The program contains a
description of how the Virgin Islands
intends to implement the program
consistent with the requirements of the
Clean Air Act Amendments of 1990 (42
U.S.C. §§ 7401–7671q) and 40 CFR Part
70. The program includes supporting
documentation such as evidence of the
procedurally correct adoption of the
permitting rule, permit application
forms, and a sample permit form. On
May 15, 1995, the Attorney General of
the U.S. Virgin Islands submitted a legal
opinion stating that the Virgin Islands
Department of Planning and Natural
Resources (VIDPNR) has adequate legal
authority to carry out the program. It
should be noted that the Virgin Islands’
program contains some wording errors
and as such the Virgin Islands has
agreed to correct those errors prior to
final approval. These wording errors in
the Virgin Islands’ legislation (Act No.
6011 signed into law September 2, 1994)
are:
(1) Section 212(a) states that ‘‘No rule
or regulation and no amendment * * *
shall take effect AFTER public comment
and/or hearing on due notice as
provided herein’’. The word ‘‘after’’
should be replaced by the word
‘‘without’’.
(2) Section 205 (a), (b) (1) and (2)—
replace ‘‘chapter’’ with ‘‘with respect to
Part 70 permit program’’.
(3) Section 215(a)—delete
‘‘compliance order’’ and replace with
‘‘notice of violation’’ after
‘‘Commissioner is authorized to issue
* * *’’
(4) Section 215(b)(3)—There should
be an additional sentence following
‘‘$250,000’’. ‘‘The assessment of any
administrative fine in excess of
$250,000 may be enforced by the
commencement of a civil action by the
Attorney General pursuant to the Virgin
Islands Law.
2. Regulations and Program
Implementation
The Virgin Islands’ Part 70 permitting
regulation is contained in Subchapter
204 and Subchapter 206 (Divisions 1
and 2) of the Virgin Islands Rules and
Regulations, Title 12, Chapter 9 (RAR).
The Virgin Islands’ regulation meets the
main requirements of Part 70 as
described below:
a. applicability (40 CFR 70.2 and
70.3): Sources required to obtain a
permit under the Virgin Islands’
regulation are defined as ‘‘Part 70
sources’’ and include all major Part 70
sources. The rule defers non-major
sources until the Administrator
completes a rulemaking to determine
how the title V program should be
structured for non-major sources and
the appropriateness of any permanent
exemptions. The regulation
permanently exempts any source that
would be required to obtain a permit
solely because it is subject to Standards
of Performance for New Residential
Wood Heaters or the National Emission
Standard for Hazardous Air Pollutants
for Asbestos, Standards for Demolition
and Renovation. The regulation
provides for the R&D Facilities to be
treated separately with the concurrence
of the Commissioner. In as much as the
Commissioner will be in a position to
determine whether or not the facility
meets the support facility test this does
not constitute an approvability issue.
b. permit content (40 CFR 70.6):
Subchapter 206–71 requires that each
permit contain emission limitations and
standards to ensure compliance with all
applicable requirements. Permits may
also contain certain operational
flexibility requirements such as terms
and conditions for reasonably
anticipated operating scenarios and for
the trading of emissions increases and
decreases (to the extent the applicable
requirements provided for such trading)
in the permitted facility. Such
operational flexibility provisions are
explained more fully in Subchapter
206–65 of the RAR.
c. public participation (40 CFR 70.7):
The public will be provided with notice
of, and an opportunity to comment on,
draft permits relating to initial permit
issuance, permit renewals, and
significant modifications (Subchapter
206–73 of the RAR).
d. permit modifications (40 CFR 70.7):
Sources may apply for expedited permit
changes for minor permit modifications.
Significant modifications must undergo
all Part 70 permit issuance procedures
(Subchapter 206–82 of the RAR).
e. EPA oversight (40 CFR 70.8): Each
permit, renewal, and minor or
significant modification is subject to
EPA oversight and veto (Subchapter
206–73 of the RAR).
f. enforcement authority (40 CFR
70.11): Chapter 9 of Title 12 of the
Virgin Islands Code, pertaining to the
air pollution control and related
purposes (VI’s Act # 6011) as amended
on September 2, 1994 directly provides
for enforcement and penalties for civil
and criminal violations of permits and
rules. Penalties will be assessed up to
$50,000 per day per violation for civil
violations, and up to $10,000 per day
per violation for criminal violations.
g. insignificant activities (40 CFR
70.5): A list of insignificant activities
can be found at Attachment 1 of the
RAR. Insignificant activities which need
not be described in the permit
application only include activities on
the list as long as no applicable
requirements apply to the activity and
the activity emits 0.05 pounds per year
or less of a criteria pollutant or 400
pounds per year or less of the hazardous
air pollutants. However, for
insignificant activities exempted
because of size or production rate, the
RAR requires that a list of such
insignificant activities must be included
in the permit application.
h. complete application forms (40
CFR 70.5): DPNR submitted a permit
application completeness criteria
checklist which will be used to help
DPNR determine if an application is
complete. Subchapter 206–63 defines
what elements must be in an application
in order for it to be complete.
i. variance provisions: Section 211 of
Title 12, Chapter 9 of the Virgin Islands
Code (statute) contains provisions for
DPNR to approve variances from
otherwise applicable emissions
limitations, provided such variances are
permitted under conditions and in a
manner which is not less stringent than
the conditions under and the manner in
which variances may be granted under
the federal Clean Air Act. Any such
variance shall not excuse compliance
with any Title V permit term or
condition. A variance from a federal
condition must be processed as a Title
V permit condition. The Commissioner
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Federal Register / Vol. 61, No. 17 / Thursday, January 25, 1996 / Proposed Rules
of the DPNR may not authorize a
variance which concerns a Federal
Clean Air Act requirement and SIP
requirements. Under Subchapter 206–71
of the RAR, DPNR may provide for an
emergency variance from compliance
with technology-based emission
limitations provided that: (1) The cause
of the emergency can be identified, (2)
the permitted facility was being
operated at the time of the emergency,
(3) the owner/operator took all
reasonable steps to minimize levels of
emissions that exceeded emission
standards or requirements of the permit,
and (4) submitted notice of the
emergency to the Department within
two (2) working days of the time when
emission limitations were exceeded due
to the emergency. The EPA does not
recognize the ability of a permitting
authority to grant relief from the duty to
comply with a federally enforceable Part
70 permit, except where such relief is
granted through the procedures allowed
by Part 70. A Part 70 permit may be
issued or revised (consistent with Part
70 permitting procedures) to incorporate
those terms of a variance that are
consistent with applicable
requirements. A Part 70 permit may also
incorporate, via Part 70 permit issuance
or modification procedures, the
schedule of compliance set forth in a
variance. However, EPA reserves the
right to pursue enforcement of
applicable requirements
notwithstanding the existence of a
compliance schedule in a permit to
operate. This is consistent with 40 CFR
70.5(c)(8)(iii)(C), which states that a
schedule of compliance ‘‘shall be
supplemental to, and shall not sanction
noncompliance with, the applicable
requirements on which it is based.’’
3. Permit Fee Demonstration
The Virgin Islands’ workload analysis
and fee demonstration shows that the
state will collect sufficient revenue to
implement the Title V program. The
Virgin Islands will collect permit fees
beginning at $18 per ton of actual
emissions of regulated pollutants. The
Virgin Islands’ fee demonstration and
regulation state that the Virgin Islands
may raise fees if necessary in the future.
Furthermore, the Virgin Islands’ law
requires that sufficient fees be collected
to cover direct and indirect expenses
necessary to develop, administer and
enforce the Virgin Islands’ Title V
program, including the Small Business
Technical and Environmental
Compliance Assistance Program as
required by Section 507 of the Act. The
Virgin Islands’ law establishes a special
account which is independent and
separate from any other account in the
Virgin Islands and must be used only for
the Air Quality Program.
4. Provisions Implementing Section 112
of the Act
a. authority for Section 112
Implementation: Virgin Islands has
demonstrated in its Title V program
submittal adequate legal authority to
implement and enforce all Section 112
requirements through the title V permit.
This legal authority is contained in
Virgin Islands’ enabling legislation (V.I.
Code Title 12, Section 201) and in
regulatory provisions defining
‘‘applicable requirements’’ and stating
that the permit must incorporate all
applicable requirements. EPA has
determined that this is sufficient to
allow Virgin Islands to issue permits
that assure compliance with all Section
112 requirements. The Attorney
General’s legal opinion also certifies
that VIDPNR has authority to implement
the air toxics program and to accept
automatic delegation of future national
emission standards for hazardous air
pollutants. Section 206–71 of the RAR
provides that NESHAPs when
promulgated by the EPA Administrator
will become effective as part of Virgin
Islands’ rules and regulations. Section
206 of the RAR provides for the
following Section 112 requirements:
i. case-by-case MACT determinations:
In the event that no applicable
emissions limitations for the hazardous
air pollutants have been established by
the Administrator, VIDPNR will make
case-by-case Maximum Achievable
Control Technology (MACT)
determinations as required under
Sections 112(j) and (g) of the Act. The
EPA issued an interpretive notice on
February 14, 1995 (60 FR 8333), which
outlines EPA’s revised interpretation of
112(g) applicability. The notice
postpones the effective date of 112(g)
until after EPA has promulgated a rule
addressing that provision. The notice
sets forth in detail the rationale for the
revised interpretation.
The Section 112(g) interpretive notice
explains that EPA is still considering
whether the effective date of Section
112(g) should be delayed beyond the
date of promulgation of the Federal rule
so as to allow states time to adopt rules
implementing the Federal rule, and that
EPA will provide for any such
additional delay in the final Section
112(g) rulemaking.
VIDPNR has provided broad language
in its regulation that will allow the
implementation of 112(g) immediately
after EPA promulgates its rule.
ii. early reductions: The rule
authorizes VIDPNR to issue permits
with an alternate emission limit under
the Act’s Section 112(i)(5) early
reductions program.
iii. The rule requires sources subject
to Section 112(r) of the Act to prepare
and submit risk management plans. A
source must submit annual certification
ensuring the proper implementation of
the risk management plan.
b. Section 112(l): Requirements for
approval specified in 40 CFR 70.4(b),
encompass Section 112(l)(5) approval
requirements for delegation of Section
112 standards as they apply to Part 70
sources. Section 112(l)(5) requires that
the state’s program contain adequate
authorities, adequate resources for
implementation, an expeditious
compliance schedule, and adequate
enforcement ability, which are also
requirements under Part 70. In a letter
dated May 30, 1995, VIDPNR requested
delegation through 112(l) of all existing
112 standards and all future 112
standards for both Part 70 and non-Part
70 sources and infrastructure programs.
In the letter, VIDPNR demonstrated that
it has sufficient legal authorities,
adequate resources, capability for
automatic delegation of future
standards, and adequate enforcement
ability for implementation of Section
112 of the Act for both Part 70 sources
and non-Part 70 sources. Therefore, the
EPA is proposing to grant approval
under Section 112(l)(5) and 40 CFR Part
63.91 to Virgin Islands for its program
mechanism for receiving delegation of
all existing and future 112(d) standards
for both Part 70 and non-Part 70
sources.
Virgin Islands commits to
appropriately implementing the existing
and future requirements of Sections 111,
112 and 129 of the Act, and all
maximum achievable control
technology (MACT) standards
promulgated in the future, in a timely
manner.
B. Options for Approval/Disapproval
and Implications
The EPA is proposing full approval of
the operating permits program
submitted to EPA by the United States
Virgin Islands on November 18, 1993
and supplemented through June 9, 1995.
Among other things, the Virgin Islands
has demonstrated that the program will
be adequate to meet the minimum
elements of a State operating permits
program as specified in 40 CFR Part 70.
Requirements for approval, specified
in 40 CFR 70.4(b), encompass section
112(l)(5) requirements for approval of a
program for delegation of section 112
and standards as promulgated by EPA as
they apply to part 70 sources. Section
112(l)(5) requires that the State’s
program contain adequate authorities,
2219
Federal Register / Vol. 61, No. 17 / Thursday, January 25, 1996 / Proposed Rules
adequate resources for implementation,
and an expeditious compliance
schedule, which are also requirements
under part 70. The Virgin Islands has
informed EPA that it intends to accept
automatic delegation of Section 112
standards and programs. Therefore, the
EPA is also proposing to grant approval
under section 112(l)(5) and 40 CFR
63.91 to Virgin Island for its program
mechanism for receiving delegation of
all existing and future section 112(d)
standards for both part 70 and non-part
70 sources, and infrastructure programs
under section 112 that are unchanged
from Federal rules as promulgated.
III. Administrative Requirements
A. Request for Public Comments
The EPA is requesting comments on
all aspects of this proposed full
approval. Copies of the State’s submittal
and other information relied upon for
the proposed full approval are
contained in a docket maintained at the
EPA Regional Offices located in New
York and San Juan and at VIDPNR. The
docket is an organized and complete file
of all the information submitted to, or
otherwise considered by, EPA in the
development of this proposed
rulemaking. The principal purposes of
the docket are:
(1) to allow interested parties a means
to identify and locate documents so that
they can effectively participate in the
approval process; and
(2) to serve as the record in case of
judicial review. The EPA will consider
any comments received by February 26,
1996.
B. Executive Order 12866
The Office of Management and Budget
has exempted this action from Executive
Order 12866 review.
C. Regulatory Flexibility Act
The EPA’s actions under Section 502
of the Act do not create any new
requirements, but simply address
operating permits programs submitted
to satisfy the requirements of 40 CFR
Part 70. Because this action does not
impose any new requirements, it does
not have a significant impact on a
substantial number of small entities.
D. Unfunded Mandates Act
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 the private sector, of
$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
proposed approval action promulgated
today 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.
List of Subjects in 40 CFR Part 70
Environmental protection,
Administrative practice and procedure,
Air pollution control, Environmental
Protection, Intergovernmental relations,
Operating permits, and Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. Sections 7401–7671q.
Dated: December 5, 1995.
Jeanne M. Fox,
Regional Administrator.
[FR Doc. 96–1207 Filed 1–24–96; 8:45 am]
BILLING CODE 6560–50–P
UTAH RECLAMATION MITIGATION
AND CONSERVATION COMMISSION
43 CFR Part 10010
Policy and Procedures for
Implementing the National
Environmental Policy Act
AGENCY: Utah Reclamation Mitigation
and Conservation Commission.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Central Utah Project
Completion Act established the Utah
Reclamation Mitigation and
Conservation Commission
(Commission) and directed that the
Commission be considered a Federal
agency for purposes of compliance with
the National Environmental Policy Act
of 1969, as amended (NEPA). In
accordance with NEPA and Council on
Environmental Quality (CEQ)
regulations, Federal agencies must
establish procedures to guide their
actions in implementing NEPA. This
rule establishes the Commission’s
policies and procedures regarding NEPA
implementation. It defines the
procedures that the Commission will
follow in preparing environmental
documents and in making decisions
pursuant to NEPA. The rule also
provides information to other agencies
and the public regarding how they may
participate in the Commission’s NEPA
activities. The intended effects of this
rule are that the Commission will have
at its disposal specific guidance on how
to fulfill its NEPA responsibilities, and
that the public will have a clear
understanding of the Commission’s
NEPA procedures.
DATES: Comments on the proposed rule
will be accepted on or before March 11,
1996.
ADDRESSES: Planning Manager, Utah
Reclamation Mitigation and
Conservation Commission, 111 East
Broadway, suite 310, Salt Lake City,
Utah, 84111. Telephone: 801–524–3146.
FOR FURTHER INFORMATION CONTACT: Joan
Degiorgio, Telephone: 801–524–3146.
SUPPLEMENTARY INFORMATION:
Background
The Commission was established by
the Central Utah Project Completion Act
(Public Law 102–575, October 30, 1992).
The Commission’s mission is to
implement mitigation and conservation
measures to offset the effects of Federal
reclamation projects in Utah and to take
other actions for the conservation of
important fish, wildlife, and recreation
resources. The Commission was
established to focus the authority for
reclamation mitigation and to
coordinate interagency efforts toward
meeting mitigation needs. This rule
provides the Commission, affected
Federal agencies, the State of Utah, and
the public with the necessary guidance
to evaluate the environmental effects of
Commission activities and to ensure
that these will promote the protection
and enhancement of environmental
quality. It is adopted in accordance with
the National Environmental Policy Act
of 1969, as amended (42 U.S.C. 4321–
4347) and with Council on
Environmental Quality (CEQ)
regulations (40 CFR 1500–1508).
NEPA Rule Content
This rule provides direction on all
aspects of the Commission’s NEPA
process. It establishes general policies,
provides guidance on initiating the
NEPA process, describes procedures
relating to Environmental Assessments
(EA) and Environmental Impact
Statements (EIS), describes the
relationship between NEPA and the
Commission’s decision making process,