34012 Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Rules and Regulations

IV. Why Is EPA Withdrawing the

Interpretative Rule Published on April

21, 2000?

An error by EPA led to publication of

a preliminary draft of the interpretative

rule on April 21, 2000 at 65 FR 36321.

V. What Are the Impacts Associated

With This Interpretative Rule?

As mentioned above, this

interpretative rule simply resolves

current ambiguity concerning the

applicability of CAA section 112 to new

or reconstructed major source stationary

combustion turbines. It is not intended

to subject these entities to any new or

additional regulatory requirements.

VI. What Is the Applicability of Other

Review Requirements?

Under Executive Order 12866 (58 FR

51736, October 4, 1993), this

interpretative rule is not a ‘‘significant

regulatory action’’ and is, therefore, not

subject to review by the Office of

Management and Budget.

Section 553(b)(3)(A) of the

Administrative Procedure Act provides

that interpretative rules are not subject

to notice-and-comment requirements.

Interpretative rules which do not

involve the internal revenue laws of the

United States are not subject to the

regulatory flexibility provisions of the

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

et seq.). Because notice-and-comment

requirements do not apply to this

interpretative rule, this rule is also not

subject to sections 202 and 205 of the

Unfunded Mandates Reform Act of 1995

(UMRA) (2 U.S.C. 1532 and 1535).

In addition, this action does not

significantly or uniquely affect small

governments or impose a significant

intergovernmental mandate, as

described in sections 203 and 204 of

UMRA. This interpretative 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

interpretative rule will not have

significant 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).

This interpretative rule is also not

subject to Executive Order 13045 (62 FR

19885, April 23, 1997) because it is not

economically significant. This action

does not involve technical standards;

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. This

interpretative rule also does not involve

special consideration of environmental

justice related issues as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994).

In issuing this interpretative rule, EPA

has taken the necessary steps to

eliminate drafting errors and ambiguity,

minimize potential litigation, and

provide a clear legal standard for

affected conduct, as required by section

3 of Executive Order 12988 (61 FR 4729,

February 7, 1996). The EPA has

complied with Executive Order 12630

(53 FR 8859, March 15, 1988) by

examining the takings implications of

the interpretative 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 interpretative

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 EPA’s

compliance with these statutes and

Executive Orders for the underlying rule

interpreted herein is discussed in the

March 29, 1996 Federal Register

document (61 FR 14029).

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. We have

established an effective date of June 26,

2000. The EPA will submit 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 United

States prior to publication of the rule in

the Federal Register. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

List of Subjects in 40 CFR Part 63

Environmental protection, Air

emissions control, Hazardous air

pollutants, Combustion turbines.

Dated: May 18, 2000.

Robert Perciasepe,

Assistant Administrator, Office of Air and

Radiation.

[FR Doc. 00–13196 Filed 5–24–00; 8:45 am]

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ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–6706–2]

National Emission Standards for

Hazardous Air Pollutants for Source

Categories

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Withdrawal of interpretative

rule.

SUMMARY: The EPA is withdrawing the

interpretative rule published in the

Federal Register on April 21, 2000, at

65 FR 21363. That interpretative rule

was intended to clarify the construction

by EPA of the applicability of sections

112(g) and 112(j) of the Clean Air Act

(CAA) to all stationary combustion

turbines and waste heat recovery units

in combined cycle systems.

An administrative error led to

publication of a preliminary draft of the

interpretative rule, rather than the final

interpretative rule EPA intended to

publish. Concurrent with this

withdrawal of the incorrect version of

the interpretative rule published on

April 21, 2000, EPA is publishing

elsewhere in today’s Federal Register a

corrected version of the interpretative

rule.

DATES: On May 25, 2000, EPA hereby

withdraws the interpretative rule

published at 65 FR 21363. The corrected

interpretative rule will become legally

effective on June 26, 2000.

FOR FURTHER INFORMATION CONTACT: For

further information, contact Sims Roy,

Combustion Group, Emission Standards

Division (MD–13), U.S. Environmental

Protection Agency, Research Triangle

Park, North Carolina 27711, telephone

number: (919) 541–5263, facsimile:

(919) 541–5450, electronic mail address:

roy.sims@epa.gov.

Dated: May 18, 2000.

Robert Perciasepe,

Assistant Administrator, Office of Air and

Radiation.

[FR Doc. 00–13197 Filed 5–24–00; 8:45 am]

BILLING CODE 6560–50–P