Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Rules and Regulations 36351

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. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a ‘‘major rule’’ as

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

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 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, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Dated: May 23, 2000.

Felicia Marcus,

Regional Administrator, Region IX.

Part 52, 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 F—California

2. Section 52.220 is amended by

adding paragraphs (c)(277) to read as

follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(277) New and amended regulations

for the following APCDs were submitted

on March 28, 2000, by the Governor’s

designee.

(i) Incorporation by reference.

(A) Santa Barbara County Air

Pollution Control District.

(1) Rule 330, adopted on June 11,

1979 and amended on January 20, 2000.

* * * * *

[FR Doc. 00–14173 Filed 6–7–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[WI88–01–7319a; FRL–6706–3]

Approval and Promulgation of State

Implementation Plans; Wisconsin;

Site-Specific Revision for Uniroyal

Engineered Products

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving a

revision to the volatile organic

compound (VOC) control requirements

for Uniroyal Engineered Products, Inc.,

located in Stoughton, Wisconsin. The

Wisconsin Department of Natural

Resources (WDNR) submitted this State

Implementation Plan (SIP) revision on

October 30, 1999 and revised it on

February 17, 2000. Our approval of this

revision makes federally enforceable the

State’s February 7, 2000, Consent Order

AM–99–900, which establishes alternate

control requirements for Uniroyal.

If we receive adverse comments on

this action, we will publish a timely

withdrawal of the direct final rule in the

Federal Register informing the public

that the rule will not take effect.

DATES: This ‘‘direct final’’ rule will be

effective August 7, 2000, unless we

receive adverse or critical comments by

July 10, 2000. If the rule is withdrawn,

timely notice will be published in the

Federal Register.

ADDRESSES: Send written comments to

Carlton Nash, Chief, Regulation

Development Section, Air Programs

Branch (AR–18J), United Environmental

Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois 60604. (We

recommend that you telephone

Kathleen D’Agostino, at (312) 886–1767,

before visiting the Region 5 Office.)

A copy of this SIP revision is

available for inspection at the Office of

Air and Radiation (OAR) Docket and

Information Center (Air Docket 6102),

United States Environmental Protection

Agency, Ariel Rios Building, 1200

Pennsylvania Avenue, NW, Washington,

DC 20460, (202) 260–7548.

FOR FURTHER INFORMATION CONTACT:

Kathleen D’Agostino, Regulation

Development Section (AR–18J), Air

Programs Branch, Air and Radiation

Division, United States Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604, (312) 886–1767.

SUPPLEMENTARY INFORMATION:

This Supplementary Information

section is organized as follows:

A. What Action is EPA Taking?

B. How Does this Action Change Pollution

Control Requirements for Uniroyal?

C. Will this Action Adversely Impact Air

Quality in the Area?

D. What is EPA’s Final Determination?

A. What Action Is EPA Taking?

EPA is approving a revision to

Wisconsin’s SIP to relax VOC control

requirements for Uniroyal.

B. How Does This Action Change

Pollution Control Requirements for

Uniroyal?

In the early 1980s Wisconsin adopted

Reasonably Available Control

Technology (RACT) regulations for the

entire state. We approved these

regulations and incorporated them into

Wisconsin’s SIP for ozone. Uniroyal

manufactures vinyl coated fabrics and,

under these rules, is subject to a limit

of 3.8 pounds of VOC per gallon of

coating, excluding water, for coatings

used on vinyl coating lines.

Our approval of alternate control

requirements for Uniroyal exempts the

company from the 3.8 pounds of VOC

per gallon of coating limit for its vinyl

coating lines and requires the following:

1. At least 95% of all vinyl yardage

requiring topcoats must be coated with

waterborne topcoats on a monthly basis

or if the 95% requirement is not met, an

incinerator must control emissions to

the level that would have been attained

had the 95% requirement been met.

2. No more than 65,630 pounds of

VOC may be released into the ambient

air per month.

3. No more than 5,435 pounds of VOC

may be released into the ambient air per

day.

4. Specific records and monitoring

data must be kept and compliance

testing must be performed.

C. Will This Action Adversely Impact

Air Quality in the Area?

Uniroyal is located in Dane County

which is designated as attainment for

ozone. The county is, and has been

monitoring attainment of both the 1-

hour and 8-hour ozone standards. Since

1987, Uniroyal has been operating

under a State-approved variance which

allows emissions equivalent to the

emissions allowed under the SIP

revision that we are approving with this

action. Consequently, our approval of

the alternate control requirements for

36352 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Rules and Regulations

Uniroyal should not interfere with

attainment or continued maintenance of

the ozone standard.

D. What Is EPA’S Final Determination?

Based on the rationale set forth above

and in EPA’s Technical Support

Document, we are approving a revision

to the VOC control requirements for

Uniroyal Engineered Products. Our

approval of this revision makes

federally enforceable the State’s

February 7, 2000, Consent Order AM–

99–900, which establishes alternate

control requirements for Uniroyal.

We are publishing this action without

prior proposal, because we view this as

a noncontroversial revision and

anticipate no adverse comments.

However, in a separate document in this

Federal Register publication, we are

proposing to approve the State variance

should adverse written comments be

filed.

This action will be effective August 7,

2000 without further notice unless

relevant adverse comments are received

by July 10, 2000. If we receive such

comments, we will withdraw this action

before the effective date by publishing a

subsequent document that will

withdraw the final action. We will then

address all public comments received in

a subsequent final rule based on the

proposed action. We will not institute a

second comment period. Any parties

interested in commenting on this action

should do so at this time. If we do not

receive comments, this action will be

effective August 7, 2000.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

implementation plan. Each request for

revision to the SIP shall be considered

separately in light of specific technical,

economic, and environmental factors

and in relation to relevant statutory and

regulatory requirements.

Administrative Requirements

E. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order 12866,

entitled ‘‘Regulatory Planning and

Review.’’

F. 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.

G. 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, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to 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 officials 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. This action

does not involve or impose any

requirements that affect Indian Tribes.

Accordingly, the requirements of

section 3(b) of Executive Order 13084

do not apply to this rule.

H. Executive Order 13132

Federalism (64 FR 43255, August 10,

1999) revokes and replaces Executive

Orders 12612 (Federalism) and 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 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, 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. Thus, the requirements of

section 6 of the Executive Order do not

apply to this rule.

I. Regulatory Flexibility

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,

small not-for-profit enterprises, and

small governmental jurisdictions.

This 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

Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Rules and Regulations 36353

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).

J. 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.

K. 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.

L. 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.

M. 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 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, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compound.

Authority: 42 U.S.C. 7401–7671q.

Dated: May 12, 2000.

Robert Springer,

Acting Regional Administrator, Region 5.

Accordingly, title 40 of CFR part 52,

Subpart YY, is amended as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart YY—Wisconsin

2. Section 52.2570 is amended by

adding paragraph (c)(100) to read as

follows:

§ 52.2570 Identification of plan.

* * * * *

(c) * * *

(100) On October 30, 1998, Wisconsin

submitted a source-specific State

Implementation Plan revision for

Uniroyal Engineered Products, Inc.,

located in Stoughton, Wisconsin. The

State supplemented the original

submittal with Consent Order Number

AM–99–900 on February 17, 2000. This

source-specific variance relaxes volatile

organic compound reasonably available

control technology requirements for

Uniroyal.

(i) Incorporation by reference.

(A) Consent Order Number AM–99–

900, issued by the Wisconsin

Department of Natural Resources to

Uniroyal Engineered Products on

February 17, 2000.

[FR Doc. 00–14175 Filed 6–7–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[AZ072–0085; FRL–6601–7]

Approval and Promulgation of

Maintenance Plan and Designation of

Area for Air Quality Planning Purposes

for Carbon Monoxide; State of Arizona

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is taking final action to

redesignate the Tucson Air Planning

Area (TAPA) to attainment for the

carbon monoxide (CO) National

Ambient Air Quality Standard (NAAQS)

and to approve a maintenance plan that

will insure that the area remains in

attainment.

EFFECTIVE DATE: This action is effective

on July 10, 2000.

ADDRESSES: Copies of the state submittal

and other information are available for

public inspection at EPA’s Region IX

office during normal business hours, 75

Hawthorne Street, San Francisco, CA

94105–3901.

The technical support document

(TSD) and copies of other documents

relevant to this action can be found in

the docket for this proposal. The docket

can be reviewed or copied during

normal business hours at the following

locations between 8:00 a.m. and 4:30

p.m. on weekdays. You may need to pay

a fee for copying. Copies of the SIP

submittal are also available for

inspection at the following address:

Pima County Department of

Environmental Quality, 130 West

Congress, Tucson, Arizona 85701, (520)

740–3340.