2880 Federal Register / Vol. 65, No. 12 / Wednesday, January 19, 2000 / Rules and Regulations

perform activities conducive to the use

of VCS.

I. 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 March 20, 2000.

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, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides.

Dated: August 26, 1999.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

Part 52 of chapter I, title 40, 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 et seq.

Subpart—RR—Tennessee

2. Section 52.2239 is amended by

adding paragraph (c)(167) to read as

follows:

§ 52.2239 Original Identification of Plan

Section.

* * * * *

(c) * * *

(167) The adoption of the credible

evidence regulations, which were

submitted on November 16, 1994, into

the Nashville/Davidson County portion

of the Tennessee SIP.

(i) Incorporation by reference. Section

10.56.290 Measurement and Reporting

of Emissions effective on October 6,

1994.

(ii) Other material. None.

3. Section 52.2220(c) is amended by

adding the entry for section 1200–3–10–

.04 to read as follows:

§ 52.2220 Identification of plan.

* * * * *

(c) EPA approved regulations.

EPA-APPROVED TENNESSEE REGULATIONS

State citation Title/subject Adoption date EPA approval date Federal Register notice

*******

Section 1200–3–10–04 ...... Sampling Recording and

Reporting Required For

Major Stationary

Sources.

09/12/94 ............................ January 19, 2000 .............. [Insert citation of this Federal Register Notice

when published.]

*******

[FR Doc. 00–964 Filed 1–18–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[FL–74–1–9941a; FRL–6524–7]

Approval and Promulgation of

Implementation Plans, Florida:

Approval of Revisions to the Florida

State

Implementation Plan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a revision to

the Florida State Implementation Plan

(SIP) submitted on December 26, 1996,

by the State of Florida through the

Florida Department of Environmental

Protection (FDEP). This source-specific

revision amends the SIP to include a

variance granted to the Harry S. Truman

Animal Import Center (HSTAIC) for its

incinerator facility located in Monroe

County, Florida. The variance allows

HSTAIC to operate under the particulate

matter standard applicable to biological

waste combustion facilities.

DATES: This direct final rule is effective

March 20, 2000, without further notice,

unless EPA receives adverse comment

by February 18, 2000. If adverse

comment is received, EPA will publish

a timely withdrawal of the direct final

rule in the Federal Register and inform

the public that the rule will not take

effect.

ADDRESSES: All comments should be

addressed to Joey LeVasseur at the EPA,

Region 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303.

Copies of the state submittal are

available at the following addresses for

inspection during normal business

hours:

Environmental Protection Agency,

Atlanta Federal Center, Region 4 Air

Planning Branch, 61 Forsyth Street

S.W., Atlanta, Georgia 30303–3104.

Florida Department of Environmental

Protection, Twin Towers Office

Building, 2600 Blair Stone Road,

Tallahassee, Florida 32399–2400.

FOR FURTHER INFORMATION CONTACT: Joey

LeVasseur at 404/562–9035 (E-mail:

levasseur.joey@epa.gov).

SUPPLEMENTARY INFORMATION: The State

of Florida through the FDEP submitted

a source-specific revision to the Florida

SIP for the HSTAIC on December 26,

1996. The HSTAIC is operated by the

U.S. Department of Agriculture, Animal

and Plant Health Inspection Services

and is located on Fleming Key on the

grounds of the Key West Naval Air

Station. The HSTAIC serves as a

quarantine station for animal herds

imported into the U.S. from foreign

countries and operates an incineration

facility for disposal of bedding material

and animal carcasses. In addition,

should a public health emergency occur,

the incinerator facility would be used to

cremate infected animal carcasses. Such

an emergency has never occurred in the

history of the Center.

Florida’s biological waste incinerator

rule includes standards applicable to

three categories of biological and

medical waste incinerators. The first

category, incinerators with a feed rate of

500 pounds per hour (lbs/hr) or less, is

subject to Rule 62–296(4)(a)1., which

includes emissions limiting standards

and operating requirements applicable

to medical waste incinerators and

animal crematories and has a particulate

Federal Register / Vol. 65, No. 12 / Wednesday, January 19, 2000 / Rules and Regulations 2881

matter emission limit of .080 grains per

dry standard cubic foot (gr/ft 3). Because

it was assumed that all animal

crematories would have capacities less

than 500 lbs/hr, the second category

(500 to 2000 lbs/hr, subject to Rule 62–

296(4)(c)1., 030 gr/ft 3) and third

category (greater than 2000 lbs/hr,

subject to Rule 62–296(4)(d)1., 020 gr/

ft 3) contain standards developed only

for medical waste incinerators. The

HSTAIC’s incinerator facility consists of

three units with a potential capacity of

over 2000 lbs/hr which would make the

HSTAIC subject to the stricter standard,

however the HSTAIC incinerator facility

routinely only uses one unit with the

other two units providing emergency

backup capacity. The usual operating

capacity of the Center, operating a single

unit, is equal to or less than 500 lbs/hr.

The variance being approved allows

the HSTAIC to operate under Rule 62–

296.401(4)(a)1. This variance addresses

solely the particulate matter emission

limitation and does not apply to all

other emission limitations to which the

HSTAIC is subject under Rule 62–

296.401(4) which remain applicable to

the facility. As a condition of this

variance, FDEP requires that the

applicant properly install, operate and

maintain a continuous opacity monitor

and recording device on each

combustion unit, to document

compliance with the 5 percent opacity

limit established under Rule 62–

296.401(1)(a). These monitoring records

shall be kept at the facility and shall be

made available to FDEP for inspection,

as required by FDEP rules.

Final Action

EPA is approving the aforementioned

changes to the SIP without prior

proposal because the Agency views this

as a noncontroversial amendment and

anticipates no adverse comments.

However, in the proposed rules section

of this Federal Register publication,

EPA is publishing a separate document

that will serve as the proposal to

approve the SIP revision should

relevant adverse comments be filed.

This rule will be effective March 20,

2000, without further notice unless the

agency receives relevant adverse

comments by February 18, 2000.

If the EPA receives such comments,

then EPA will publish a document

withdrawing the final rule and

informing the public that the rule will

not take effect. All public comments

received will then be addressed in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period.

Parties interested in commenting should

do so at this time. If no such comments

are received, the public is advised that

this rule will be effective on March 20,

2000, and no further action will be

taken on the proposed rule.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order 12866,

entitled ‘‘Regulatory Planning and

Review.’’

B. Executive Order 13132

Federalism (64 FR 43255, August 10,

1999) revokes and replaces Executive

Order 12612 (Federalism) and Executive

Order 12875 (Enhancing the

Intergovernmental Partnership).

Executive Order 13132 requires EPA to

develop an accountable process to

ensure ‘‘meaningful and timely input by

State and local officials in the

development of regulatory policies that

have federalism implications.’’ ‘‘Policies

that have federalism implications’’ is

defined in the Executive Order to

include regulations that have

‘‘substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government.’’ Under Executive

Order 13132, EPA may not issue a

regulation that has federalism

implications, that imposes substantial

direct compliance costs, and that is not

required by statute, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by State and local

governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. EPA also may not issue a

regulation that has federalism

implications and that preempts State

law unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation.

This final rule will not have

substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132. Thus, the

requirements of section 6 of the

Executive Order do not apply to this

rule.

C. Executive Order 13045

Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997),

applies to any rule that: (1) is

determined to be ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

This rule is not subject to Executive

Order 13045 because it does not involve

decisions intended to mitigate

environmental health or safety risks.

D. Executive Order 13084

Under Executive Order 13084, EPA

may not issue a regulation that is not

required by statute, that significantly

affects or uniquely affects the

communities of Indian tribal

governments, and that imposes

substantial direct compliance costs on

those communities, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments. If the mandate is

unfunded, EPA must provide to the

Office of Management and Budget, in a

separately identified section of the

preamble to the rule, a description of

the extent of EPA’s prior consultation

with representatives of affected tribal

governments, a summary of the nature

of their concerns, and a statement

supporting the need to issue the

regulation.

In addition, Executive Order 13084

requires EPA to develop an effective

process permitting elected and other

representatives of Indian tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.’’ Today’s rule does not

significantly or uniquely affect the

communities of Indian tribal

governments. Accordingly, the

requirements of section 3(b) of

Executive Order 13084 do not apply to

this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

2882 Federal Register / Vol. 65, No. 12 / Wednesday, January 19, 2000 / Rules and Regulations

small not-for-profit enterprises, and

small governmental jurisdictions.

This final rule will not have a

significant impact on a substantial

number of small entities because 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 create any new requirements, I

certify that this action will not have a

significant economic impact on a

substantial number of small entities.

Moreover, due to the nature of the

Federal-State relationship under the

Clean Air Act, preparation of 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).

F. 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 annual costs to

State, local, or tribal governments in the

aggregate; or to 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 approval

action promulgated does not include a

Federal mandate that may result in

estimated annual 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 requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

G. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. Section 804,

however, exempts from section 801 the

following types of rules: rules of

particular applicability; rules relating to

agency management or personnel; and

rules of agency organization, procedure,

or practice that do not substantially

affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). EPA is

not required to submit a rule report

regarding this action under section 801

because this is a rule of particular

applicability.

H. National Technology Transfer and

Advancement Act

Section 12 of the National Technology

Transfer and Advancement Act

(NTTAA) of 1995 requires Federal

agencies to evaluate existing technical

standards when developing a new

regulation. To comply with NTTAA,

EPA must consider and use ‘‘voluntary

consensus standards’’ (VCS) if available

and applicable when developing

programs and policies unless doing so

would be inconsistent with applicable

law or otherwise impractical.

The EPA believes that VCS are

inapplicable to this action. Today’s

action does not require the public to

perform activities conducive to the use

of VCS.

I. 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 March 20, 2000.

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, Intergovernmental

relations, Particulate matter, Reporting

and recordkeeping requirements.

Dated: January 3, 2000.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

Part 52 of chapter I, title 40, Code of

Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority for citation for part

52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart K—Florida

2. Section 52.520(d) is amended by

removing the word ‘‘None’’ and adding

an entry to the table for the variance for

the Harry S. Truman Animal Import

Center to read as follows:

§ 52.520 Identification of plan.

* * * * *

(d) EPA-approved State sourcespecific requirements.

EPA-APPROVED FLORIDA SOURCE-SPECIFIC REQUIREMENTS

Name of source Permit No. State effective date EPA approval date Explanation

Harry S. Truman, animal import center ......... NA .............................. November 26, 1996 ... January 19, 2000 .......

[FR Doc. 00–1086 Filed 1–18–00; 8:45 am]

BILLING CODE 6560–50–P