32030 Federal Register / Vol. 65, No. 99 / Monday, May 22, 2000 / Rules and Regulations

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 sections 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 costeffective 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 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. section 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 non-agency

parties. 5 U.S.C. section 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 July 21, 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.

Dated: April 27, 2000.

David Ullrich,

Acting Regional Administrator, Region 5.

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 et seq.

2. Section 52.1220 is amended by

adding paragraph (c)(53) to read as

follows:

§ 52.1220 Identification of plan.

* * * * *

(c) * * *

(53) On September 29, 1998, the State

of Minnesota submitted a site-specific

revision to the particulate matter (PM)

SIP for LTV Steel Mining Company

(LTV), formerly known as Erie Mining

Company, located in St. Louis County,

Minnesota. This SIP revision was

submitted in response to a request from

LTV that EPA remove the Stipulation

Agreement for Erie Mining Company

from the State SIP, as was approved by

EPA in paragraph (c)(18) of this section.

Accordingly the Stipulation Agreement

for Erie Mining Company referenced in

paragraph (c)(18) of this section is

removed from the SIP without

replacement.

[FR Doc. 00–12642 Filed 5–19–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IA 104–1104; FRL–6702–9]

Approval and Promulgation of

Implementation Plans; State of Iowa;

Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; correction.

SUMMARY: On April 12, 1999 (64 FR

17548), EPA published a direct final

action approving revisions to the Iowa

State Implementation Plan (SIP). This

document makes corrections to the table

of EPA-Approved Iowa Regulations. The

state effective date is corrected to read

May 13, 1998, and notations are added

to or deleted from the ‘‘Comments’’

column.

EFFECTIVE DATE: This final rule is

effective May 22, 2000.

FOR FURTHER INFORMATION CONTACT:

Wayne Kaiser at (913) 551–7603.

SUPPLEMENTARY INFORMATION: In the part

52 table in subpart Q, § 52.820(c), which

accompanied the April 12, 1999,

document, the ‘‘state effective date’’ was

listed as May 3, 1998. This action

corrects the ‘‘state effective date’’ for all

the rules listed, for which there has not

been a subsequent revision and more

current effective date, to May 13, 1998.

Additionally, for rule 20.2, information

has been added in the ‘‘Comments’’

column which specifies that certain

portions of the rule are not SIP

approved. Finally, we are deleting the

notation in the ‘‘Comments’’ column for

rule 25.1, which indicated that

paragraph 25.1(12) was not SIP

approved. All of rule 25.1 is SIP

approved.

Section 553 of the Administrative

Procedure Act, 5 U.S.C. 553(b)(B),

Federal Register / Vol. 65, No. 99 / Monday, May 22, 2000 / Rules and Regulations 32031

provides that, when an agency for good

cause finds that notice and public

procedures are impracticable,

unnecessary, or contrary to the public

interest, the agency may issue a rule

without providing notice and an

opportunity for public comment. We

have determined that there is such good

cause for making today’s rule final

without prior proposal and opportunity

for comment because we are merely

correcting an incorrect citation in a

previous action. Thus, notice and public

procedure are unnecessary.

Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. This

action merely approves state law as

meeting Federal requirements and

imposes no additional requirements

beyond those imposed by state law.

Accordingly, the Administrator certifies

that this rule will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this rule merely

corrects an incorrect citation in a

previous action, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

Reform Act of 1995 (Public Law 104–4).

For the same reason, this rule also does

not significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10, 1998). This 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 (64 FR 43255,

August 10, 1999), because it merely

corrects a citation in a state rule

implementing a Federal standard, and

does not alter the relationship or the

distribution of power and

responsibilities established in the Clean

Air Act (CAA). This rule also is not

subject to Executive Order 13045 (62 FR

19885, April 23, 1997), because it is not

economically significant.

In reviewing SIP submissions, our

role is to approve state choices,

provided that they meet the criteria of

the CAA. In this context, in the absence

of a prior existing requirement for the

state to use voluntary consensus

standards (VCS), we have no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the CAA. Thus, the requirements of

section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (15 U.S.C. 272 note) do not

apply. As required by section 3 of

Executive Order 12988 (61 FR 4729,

February 7, 1996), in issuing this rule,

we have taken the necessary steps to

eliminate drafting errors and ambiguity,

minimize potential litigation, and

provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings’’ issued under

the Executive Order. This rule does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

The Congressional Review Act (CRA),

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 808 allows

the issuing agency to make a rule

effective sooner than otherwise

provided by the CRA if the agency

makes a good cause finding that notice

and public procedure is impracticable,

unnecessary or contrary to the public

interest. This determination must be

supported by a brief statement. As

stated previously, we made such a good

cause finding, including the reasons

therefore and established an effective

date of May 22, 2000. We will submit

a report containing this rule and other

required information to the United

States Senate, the United States House

of Representatives, and the Comptroller

General of the United States prior to

publication of the rule in the Federal

Register. This correction to the Iowa SIP

table is not a ‘‘major rule’’ as defined by

5 U.S.C. 804 (2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Intergovernmental relations, Lead,

Nitrogen dioxide, Ozone, Particulate

matter, Reporting and recordkeeping

requirements, Sulfur oxides, Volatile

organic compounds.

Dated: May 10, 2000.

William Rice,

Acting Regional Administrator, Region 7.

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 et seq.

Subpart Q—Iowa

2. In § 52.820(c), the following entries

in the table, EPA-approved regulations,

are revised to read as follows:

§ 52.820 Identification of plan.

* * * * *

(c) * * *

EPA-APPROVED IOWA REGULATIONS

Iowa citation Title State effective date EPA approval date Comments

Iowa Department of Natural Resources, Environmental Protection Commission [567]

Chapter 20—Scope of Title-Definitions-Forms-Rule of Practice

567–20.1 ............................ Scope of Title .................... 5/13/98 .............................. [5/22/00 and FR cite].

567–20.2 ............................ Definitions ......................... 10/14/98 ............................ [5/22/00 and FR cite] ........ The definitions for anaerobic lagoon, odor, odorous substance, and

odorous substance

source, are not SIP approved.

567–20.3 ............................ Air Quality Forms Generally.5/13/98 .............................. [5/22/00 and FR cite].

32032 Federal Register / Vol. 65, No. 99 / Monday, May 22, 2000 / Rules and Regulations

EPA-APPROVED IOWA REGULATIONS—Continued

Iowa citation Title State effective date EPA approval date Comments

*******

Chapter 22—Controlling Pollution

567–22.1 ............................ Permits Required for New

or Existing Stationary

Sources.

12/23/98 ............................ [5/22/00 and FR cite] ........ Subrule 22.1(3) ‘‘b’’ (9) is

not SIP approved.

*******

567–22.4 ............................ Special Requirements for

Major Stationary

Sources Located in

Areas Designated Attainment or Unclassified

(PSD).

5/13/98 .............................. [5/22/00 and FR cite].

567–22.5 ............................ Special Requirements for

Nonattainment Areas.

5/13/98 .............................. [5/22/00 and FR cite].

567–22.8 ............................ Permit by Rule .................. 5/13/98 .............................. [5/22/00 and FR cite].

*******

567–22.203 ........................ Voluntary Operating Permit Applications.10/14/98 ............................ [5/22/00 and FR cite].

*******

567–22.300 ........................ Operating Permit by Rule

for Small Sources.

10/14/98 ............................ [5/22/00 and FR cite].

Chapter 23—Emission Standards for Contaminants

567–23.1 ............................ Emission Standards .......... 10/14/98 ............................ [5/22/00 and FR cite] ........ Subrules 23.1(2)–(5) are

not SIP approved.

567–23.2 ............................ Open Burning .................... 5/13/98 .............................. [5/22/00 and FR cite].

567–23.3 ............................ Specific Contaminants ...... 5/13/98 .............................. [5/22/00 and FR cite] ........ Subrule 23.3(3)(d) is not

SIP approved.

*******

Chapter 24—Excess Emissions

567–24.1 ............................ Excess Emission Reporting.5/13/98 .............................. [5/22/00 and FR cite].

*******

Chapter 25—Measurement of Emissions

567–25.1 ............................ Testing and Sampling of

New and Existing Equipment.

12/23/98 ............................ [5/22/00 and FR cite].

*******

Chapter 29—Qualification in Visual Determination of the Opacity of Emissions

567–29.1 ............................ Methodology and Qualified

Observer.

5/13/98 .............................. [5/22/00 and FR cite] ........

Chapter 31—Nonattainment Areas

*******

567–31.2 ............................ Conformity of General

Federal Actions to the

Iowa SIP or Federal Implementation Plan.

5/13/98 .............................. [5/22/00 and FR cite].

*******

Federal Register / Vol. 65, No. 99 / Monday, May 22, 2000 / Rules and Regulations 32033

* * * * *

[FR Doc. 00–12646 Filed 5–19–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 60

[SD–001–0010 & SD–001–0011; FRL–6603–

1]

Clean Air Act Approval and

Promulgation of State Implementation

Plan; South Dakota; New Source

Performance Standards

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA approves revisions

to the South Dakota State

implementation plan (SIP) which

update the State’s incorporation by

reference of the Federal New Source

Performance Standards (NSPS). The SIP

revisions were submitted by the

designee of the Governor of South

Dakota on May 2, 1997 and on May 6,

1999. The State adopts the Federal

NSPS by reference in subchapter

74:36:07 of the Administrative Rules of

South Dakota (ARSD). The State also

repealed a rule that required stack tests

for asphalt batch plants, aside from the

initial stack test required by the NSPS,

to be performed if certain conditions

existed. EPA approves the revisions to

the ARSD 74:36:07 because the

revisions are consistent with Federal

regulations. This approval action does

not extend to sources in Indian country.

EFFECTIVE DATE: This rule is effective on

June 21, 2000.

ADDRESSES: Copies of the documents

relative to this action are available for

inspection during normal business

hours at the Air and Radiation Program,

Environmental Protection Agency,

Region VIII, 999 18th Street, Suite 500,

Denver, Colorado 80202–2466. Copies of

the State documents relevant to this

action are available for public

inspection at the Air Quality Program,

Department of Environment and Natural

Resources, Joe Foss Building, 523 East

Capitol, Pierre, South Dakota 57501.

Documents which are incorporated by

reference are available for public

inspection at the Air and Radiation

Docket and Information Center,

Environmental Protection Agency, 401

M Street, SW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Vicki Stamper, EPA Region VIII, (303)

312–6445.

SUPPLEMENTARY INFORMATION:

I. What Action Is EPA Taking Today?

We approve two revisions to the

South Dakota’s NSPS regulations in

subchapter 74:36:07 of the ARSD,

except for those sources located in

Indian country. These revisions were

submitted for approval as part of the SIP

on May 2, 1997 and on May 6, 1999.

The State’s May 2, 1997 and May 6,

1999 SIP submittals included revisions

to other subchapters of the ARSD. We

acted on most of those revisions

submitted on May 2, 1997 in an October

19, 1998 rulemaking (see 63 FR 55804–

55807). In this document, we only act

on the revisions to ARSD 74:36:07. We

will act on the revisions to the other

subchapters of the ARSD included in

these submittals in separate

rulemakings.

EPA proposed to approve these

revisions to South Dakota’s NSPS in

subchapter 74:36:07 of the ARSD in the

September 21, 1999 Federal Register

(see 64 FR 51088–51091), except for

those sources located in Indian country.

In that document, EPA also proposed to

clarify the interpretation of Indian

country in South Dakota. No comments

were submitted on our proposed

approval of South Dakota’s SIP revisions

pertaining to the NSPS. EPA did receive

comments on our proposed clarification

of the interpretation of Indian country

in South Dakota. See Section V. of this

document for further discussion.

II. What Changes Were Made to South

Dakota’s NSPS Regulation?

In South Dakota’s May 2, 1995 SIP

submittal, the State adopted four new

NSPS categories in subchapter 74:36:07

of the ARSD. Specifically, the State

incorporated by reference the following

subparts of the Federal NSPS in 40 CFR

part 60 as in effect on July 1, 1995

unless otherwise stated: subpart Eb

(pertaining to large municipal waste

combustors) as promulgated by EPA on

December 19, 1995 (59 FR 65419–

65436); 40 CFR part 60, subpart RRR

(pertaining to the synthetic organic

chemical manufacturing industry

reactor processes); 40 CFR part 60,

subpart UUU (pertaining to calciners

and dryers in mineral industries); and

40 CFR part 60, subpart WWW

(pertaining to municipal solid waste

(MSW) landfills) as promulgated by EPA

on March 12, 1996 (61 FR 9918–29). The

State also updated its existing NSPS

subparts to incorporate by reference the

July 1, 1995 version of the Federal

NSPS.

In South Dakota’s May 6, 1999 SIP

submittal, the State adopted one new

NSPS subpart in subchapter 74:36:07 of

the ARSD: 40 CFR 60, subpart Ec

(pertaining to hospital/medical/

infectious waste incinerators) as

promulgated by EPA on September 15,

1997 (62 FR 48383–48390). The State

also updated its incorporated by

reference of 40 CFR part 60, subpart Eb

(pertaining to municipal waste

combustors) to reflect the version in

effect as of July 1, 1997, and also

updated its incorporation by reference

of 40 CFR part 60, subpart WWW

(pertaining to MSW landfills) to reflect

the version as revised on June 16, 1998

(63 FR 32750–32753). Last, the State

repealed its additional provisions for

asphalt batch plants in Section

74:36:07:11 of the ARSD. This section

previously required stack tests at

asphalt batch plants, aside from the

initial stack test required by the NSPS,

if certain conditions existed. The State

repealed this section because it was

repetitive with recent changes to the

ARSD. The State still has the ability to

require stack performance tests at any

time to determine compliance with

emission limits.

III. Why Is EPA Approving the South

Dakota Revisions to the NSPS?

EPA approves these revisions to

South Dakota’s NSPS in ARSD 74:36:07

because the revisions ensure that the

State’s NSPS are up to date with the

Federal NSPS.

We also believe the State met EPA’s

completeness criteria, including the

public participation requirements of

sections 110(a)(2) and 110(l) of the

Clean Air Act, for the adoption of these

revisions to ARSD 74:36:07.

Specifically, the State of South Dakota

held a public hearing on November 20,

1996, after providing notice to the

public, for the revisions to the ARSD

submitted to EPA on May 2, 1997. For

the SIP revisions submitted to EPA on

May 6, 1999, the State held a public

hearing on February 18, 1999, after

providing notice to the public.

IV. How Do I Know What NSPS

Subparts Have Been Approved as Part

of the SIP or Delegated by EPA to the

States?

We publish a table in 40 CFR 60.4 for

Region VIII States that identify which

NSPS subparts have been adopted by

the States and delegated and approved

by EPA. In this document, we update

that table to reflect the NSPS subparts

delegated to South Dakota. We are also

updating the address listed for the State

of South Dakota in 40 CFR 60.4.