35840 Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations

who has been authorized to act on his

behalf.

(c) Regulations. (1) All persons are

required to comply with the general

regulations governing safety zones

found in section 165.23 of this part.

(2) Persons or vessels requiring entry

into or passage through this safety zone

must first request authorization from the

Captain of the Port. The Coast Guard

representative enforcing the safety zone

can be contacted on VHF marine band

radio, channels 13 and 16. The Captain

of the Port can be contacted at telephone

number (757) 484–8192.

(3) The Captain of the Port will notify

the public of changes in the status of

this safety zone by marine information

broadcast on VHF marine band radio,

channel 22 (157.1 MHz).

(d) Effective Date. This section is in

effect from 9 p.m. until 10 p.m. on July

1, 2000.

Dated: May 26, 2000.

J. E. Schrinner,

Captain, U.S. Coast Guard, Captain of the

Port Hampton Roads.

[FR Doc. 00–14153 Filed 6–5–00; 8:45 am]

BILLING CODE 4910–15–U

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

36 CFR Part 1280

RIN 3095–AA06

Public Use of NARA Facilities;

Correction

AGENCY: National Archives and Records

Administration (NARA).

ACTION: Final rule; correction.

SUMMARY: NARA published in the

Federal Register of June 1, 2000 a final

rule revising its regulations for use of its

facilities. Inadvertently, we omitted a

qualification that NARA employees may

use the NARA shuttle between the

National Archives Building and the

College Park facility for official

purposes only. This document provides

the correct text.

DATES: Effective on July 1, 2000.

FOR FURTHER INFORMATION CONTACT:

Shawn Morton at (301) 713–7360,

extension 253.

SUPPLEMENTARY INFORMATION: NARA

published a final rule document in the

Federal Register of June 1, 2000, (65 FR

34977) revising 36 CFR part 1280,

Public Use of NARA Facilities. Section

1280.14 provides the conditions under

which NARA employees, other

Government employees, and the public

may use the NARA shuttle. NARA has

had a long-standing policy that NARA

employees may use the shuttle only for

official purposes, but this limitation was

omitted from the final rule. This

correction provides that text.

In the document FR 00–13810

published on June 1, 2000, (65 FR

34977) make the following correction:

§ 1280.14 [Corrected]

1. On page 34979, in the second

column, in § 1280.14, correct the fifth

line of that section to read ‘‘intended for

NARA employees’ use for official

purposes. Other’’.

Dated: June 1, 2000.

Nancy Y. Allard,

Federal Register Liaison Officer.

[FR Doc. 00–14117 Filed 6–5–00; 8:45 am]

BILLING CODE 7515–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA 153–4100a; FRL–6702–3]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Nitrogen Oxides

Allowance Requirements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action to approve revisions to the

Commonwealth of Pennsylvania State

Implementation Plan (SIP). The revision

consists of amendments to

Pennsylvania’s Nitrogen Oxides (NOX)

Allowance Requirements. The revisions

implement the Ozone Transport

Commission’s (OTC) September 27,

1994 Memorandum of Understanding

(MOU) in the Commonwealth of

Pennsylvania. In accordance with the

MOU, the revisions implement the

Pennsylvania portion of a regional NOX

cap and trade program that significantly

reduces NOX emissions generated

within the Ozone Transport Region

(OTR). EPA is approving these revisions

in accordance with the requirements of

the Clean Air Act.

DATES: This rule is effective on August

7, 2000 without further notice, unless

EPA receives adverse written comment

by July 6, 2000. If EPA receives such

comments, it 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: Written comments may be

mailed to David L. Arnold, Chief, Ozone

& Mobile Sources Branch, Mailcode

3AP21, U.S. EPA, Region III, 1650 Arch

Street, Philadelphia, PA 19103. Copies

of the documents relevant to this action

are available for public inspection

during normal business hours at the Air

Protection Division, EPA, Region III,

1650 Arch Street, Philadelphia, PA

19103 and Pennsylvania Department of

Environmental Protection, Bureau of Air

Quality, P.O. Box 8468, 400 Market

Street, Harrisburg, PA 17105.

FOR FURTHER INFORMATION CONTACT:

Cristina Fernandez, (215) 814–2178, or

by e-mail at fernandez.cristina@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On December 19, 1997, the

Pennsylvania Department of

Environmental Protection (DEP)

submitted a revision to its SIP. The

revision consists of amendments to Title

25 of the Pennsylvania Code including

Chapter 121—Definitions and Chapter

123—NOX Allowance Requirements. On

December 27, 1999, DEP submitted a

subsequent revision to its SIP amending

Chapter 121—Definitions and Chapter

123—NOX Allowance Requirements.

This regulation is part of a regional NOX

reduction program based upon an MOU

drawn between the member states of the

OTC. The OTC adopted a MOU on

September 27, 1994, committing the

signatory states to the development and

implemenation of a two phase regionwide reduction in NOX emissions by

1999 and 2003, respectively. As

reasonably available control technology

(RACT) to reduce NOX emissions was

required to be implemented by May of

1995, the MOU refers to the reduction

in NOX emissions to be achieved by

1999 as Phase II; and the reduction in

NOX emissions to be achieved by 2003

as Phase III. The OTC member states

include Maine, New Hampshire,

Vermont, Massachusetts, Connecticut,

Rhode Island, New York, New Jersey,

Pennsylvania, Maryland, Delaware, the

northern counties of Virginia, and the

District of Columbia. All of the OTC

members, with the exception of the

Commonwealth of Virginia, signed the

September 27, 1994 MOU. The OTC

MOU requires a reduction in ozone

season NOX emissions from utility and

large industrial combustion facilities

within the OTR in order to further the

effort to achieve the health-based

National Ambient Air Quality Standard

(NAAQS) for ozone. In the MOU, the

OTC states agreed to propose

regulations for the control of NOX

emissions in accordance with the

following guidelines:

1. The level of NOX required would be

established from a 1990 baseline

emissions level.

Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations 35841

2. The reduction would vary by

location, or zone, and would be

implemented in two phases utilizing a

region wide trading program.

3. The reduction would be

determined based on the less stringent

of each of the following:

a. By May 1, 1999, the affected

facilities in the inner zone shall reduce

their rate of NOX emissions by 65%

from baseline, or emit NOX at a rate no

greater than 0.20 pounds per million

Btu. (This is a Phase II requirement.)

b. By May 1, 1999, the affected

facilities in the outer zone shall reduce

their rate of NOX emissions by 55%

from baseline, or shall emit NOX at a

rate no greater than 0.20 pounds per

million Btu. (This is a Phase II

requirement.)

c. By May 1, 2003, the affected

facilities in the inner and outer zones

shall reduce their rate of NOX emissions

by 75% from baseline, or shall emit

NOX at a rate no greater than 0.15

pounds per million Btu. (This is a Phase

III requirement.)

d. By May 1, 2003, the affected

facilities in the Northern zone shall

reduce their rate of NOX emissions by

55% from baseline, or shall emit NOX at

a rate no greater than 0.20 pounds per

million Btu. (This is a Phase III

requirement.)

A Task Force of representatives from

the OTC states, organized through the

Northeast States for Coordinated Air

Use Management (NESCAUM) and the

Mid-Atlantic Regional Air Management

Association (MARAMA), was charged

with the task of developing a Model

Rule that would implement the program

defined by the OTC MOU. During 1995

and 1996, the NESCAUM/ MARAMA

NOX Budget Task Force worked with

EPA and developed a model rule as a

template for OTC states to adopt their

own rules to implement the OTC MOU.

The model was issued May 1, 1996. The

model rule was developed by and for

the OTC states to implement the Phase

II reductions called for in the MOU to

be achieved by May 1, 1999. The model

rule does not include the

implementation of Phase III.

Summary of SIP Revision

Pennsylvania’s Chapter 121—

Definitions and Chapter 123—Nitrogen

Oxides Allowance Requirements are

based upon and are consistent with the

‘‘NESCAUM/MARAMA NOX Budget

Rule’’ issued in May 1, 1996. The model

rule was developed by the states in the

OTR using the EPA’s economic

incentive rules (67 FR 16690) which

were published on April 7, 1994, as the

general regulatory framework.

On December 19, 1997, the

Pennsylvania DEP submitted a revision

to its SIP. The revision consists of

amendments to Title 25 of the

Pennsylvania Code including Chapter

121—Definitions and Chapter 123—

NOX Allowance Requirements. Chapter

121—Definitions includes the terms

used in Chapter 123—NOX Allowances

Requirements. Chapter 123—NOX

Allowances Requirements consists of

twenty sections: (1) Purpose; (2) Source

NOX allowance requirements and NOX

allowance control period; (3) General

NOX allowance provisions; (4) Source

authorized account representative

requirements; (5) Allowance Tracking

System (NATS) provisions; (6) NOX

allowance transfer protocol; (7) NOX

allowance transfer procedures; (8)

Source emissions monitoring

requirements; (9) Source emissions

reporting requirements; (10) Source

compliance requirements; (11) Failure

to meet source compliance

requirements; (12) Source operating

permit provision requirements; (13)

source record keeping requirements;

(14) General NOX allocation provisions;

(15) Initial NOX allowance NOX

allocations; (16) Source opt-in

provisions; (17) New NOX affected

source provisions; (18) Emission

reduction credit provisions; (19) Bonus

NOX allowance awards; (20) Audit.

Appendix A to Chapter 123 is where the

budgeted sources and their NOX

allowance allocations are identified. On

December 27, 1999, DEP submitted

amendments to its December 19, 1997

SIP revision request. The amendments

revise Chapter 121—Definitions and

Chapter 123—NOX Allowance

Requirements. In Chapter 121—

Definitions, the term ‘‘NOX affected

source’’ was modified to clarify that

only individual emission units of 15

MWe or greater are included in the

definition. In addition, the definition of

‘‘NOX affected source’’ was further

clarified to exclude emergency electrical

generating units used to power safety

equipment at nuclear power plants. In

Chapter 123—NOX Allowance

Requirements, Section 123.115—Initial

NOX Allowance NOX Allocations was

modified to remove the Washington

Power Company allocation. Appendix A

to Chapter 123 was renamed to

Appendix E, and was modified in four

ways. First, the NOX affected sources

identified through the process described

in Section 123.117—New NOX Affected

Source Provisions were added to

Appendix E. Second, the accounting

error that resulted in over-allocating the

1999 budget was corrected with a pro

rata reduction in all NOX affected

sources emissions. Third, several

sources mistakenly included in the

previous Appendix A were deleted.

Finally, the last column of the previous

Appendix A was deleted and the

‘‘Baseline NOX lb/MMBtu’’ column was

renamed to add the term ‘‘Bonus

Allowances’’.

EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comment. However, in the ‘‘Proposed

Rules’’ section of today’s Federal

Register, EPA is publishing a separate

document that will serve as the proposal

to approve Pennsylvania’s NOX

Allowance Requirements if adverse

comments are filed. This rule will be

effective on August 7, 2000 without

further notice unless EPA receives

adverse comment by July 6, 2000. If EPA

receives adverse comment, EPA will

publish a timely withdrawal in the

Federal Register informing the public

that the rule will not take effect. EPA

will address all public comments in a

subsequent final rule based on the

proposed rule. EPA will not institute a

second comment period on this action.

Any parties interested in commenting

must do so at this time.

II. Final Action

EPA is approving revisions to the

Pennsylvania SIP consisting of Chapter

121—Definitions and Chapter 123—

NOX Allowance Requirements,

submitted on December 19, 1997 and

amended on December 27, 1999. These

revisions implement Pennsylvania’s

portion of Phase II of the OTC’s MOU

to reduce nitrogen oxides.

III. Administrative Requirements

A. General 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 approves preexisting requirements under state law

and does not impose any additional

enforceable duty beyond that required

by state law, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

35842 Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations

Reform Act of 1995 (Pub. L. 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

approves 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. 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, EPA’s role is to

approve state choices, provided that

they meet the criteria of the Clean Air

Act. In this context, in the absence of a

prior existing requirement for the State

to use voluntary consensus standards

(VCS), EPA has 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 Clean Air Act. 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, EPA has 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

taking implications of the rule in

accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Taking’’ issued under the

executive order. This rule does noYt

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

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

B. 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. 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).

C. 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 August 7, 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 to

approve Pennsylvania’s NOX Allowance

Requirements 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, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements.

Dated: April 24, 2000.

Bradley M. Campbell,

Regional Administrator, Region III.

40 CFR part 52 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 NN—Pennsylvania

2. Section 52.2020 is amended by

adding paragraph (c)(145) to read as

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * *

(145) Revisions to the Pennsylvania

State Implementation Plan adopting the

Nitrogen Oxides Allowance

Requirements submitted on December

19, 1997 and December 27, 1999 by the

Secretary of the Pennsylvania

Department of Environmental

Protection:

(i) Incorporation by reference.

(A) Letter of December 19, 1997 from

the Secretary of the Pennsylvania

Department of the Environmental

Protection transmitting the Nitrogen

Oxides Allowance Requirements.

(B) Letter of December 27, 1999 from

the Secretary of the Pennsylvania

Department of the Environmental

Protection transmitting the Nitrogen

Oxides Allowance Requirements.

(C) Revisions to 25 PA Code, Chapters

121 and 123 pertaining to Nitrogen

Oxides Allowance Requirements,

effective November 1, 1997.

(1) Revisions to section 121.1—

definitions of: account, account number,

acquiring account, compliance account,

electric generating facility, fossil fuel,

fossil fuel fired, general account, heat

input, indirect heat exchange

combustion unit, maximum heat input

capacity, NATS–NOX allowance

tracking system, NETS–NOX emissions

tracking system, NOX allocation, NOX

allowance, NOX allowance CEMS–NOX

allowance continuous emission

monitoring system, NOX allowance

control period, NOX allowance

curtailment, NOX allowance deduction,

NOX allowance transfer, NOX allowance

transfer deadline, NOX budget, NOX

budget administrator, OTC MOU-ozone

transport commission memorandum of

understanding, replacement source.

(2) Addition of sections 123.101

through 123.120, except for section

123.115.

(D) Revisions to 25 PA Code, Chapters

121 and 123 pertaining to Nitrogen

Oxides Allowance Requirements,

effective March 11, 2000.

(1) Revisions to section 121.1—

definition of NOX affected source.

(2) Addition of section 123.115 and

Appendix E.

(ii) Additional material.

(A) Nitrogen Oxide (NOX)

Memorandum of Understanding

Implementation Plan of December 9,

1997.

(B) Letter of March 31, 2000 from the

Director of the Pennsylvania

Department of the Environmental

Protection amending the Chapter 123

NOX Allowance Program.

[FR Doc. 00–13769 Filed 6–5–00; 8:45 am]

BILLING CODE 6560–50–P