41592 Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[VA084/101–5045a; FRL–6726–4]

Approval and Promulgation of Air

Quality Implementation Plans; Virginia;

Revised Format for Materials Being

Incorporated by Reference; Approval

of Recodification of the Virginia

Administrative Code; Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule; correcting

amendments.

SUMMARY: This document corrects errors

in the rule language of a final rule

pertaining to EPA’s approval of a

recodification of and associated

administrative revisions to Virginia’s air

pollution control regulations. This

recodification reorganized and

renumbered the Virginia SIP to match

the numbering system set forth in the

Virginia Administrative Code. In this

same action, we also revised the format

of 40 CFR part 52 for materials

submitted by Virginia that are

incorporated by reference (IBR) into the

Virginia State implementation plan

(SIPs).

EFFECTIVE DATE: July 6, 2000.

FOR FURTHER INFORMATION CONTACT:

Harold A. Frankford (215) 814–2108 or

by e-mail at frankford.harold@pa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, wherever

‘‘we’’ or ‘‘our’’ are used, we mean EPA.

On April 21, 2000 (65 FR 21315), we

published a final rulemaking action

announcing our approval of the revised

reorganization of the Virginia

Administrative Code (VAC), including

reorganization of the air pollution

control regulations. The intent of the

rule was to approve the revised

regulatory structure of Virginia’s air

pollution control regulations, and to list,

in chart form, those Virginia regulatory

provisions which had been incorporated

by reference into the Virginia SIP.

In this document, we discovered

incorrect information and omissions

related to entries appearing in the

summary rulemaking charts published

on pages 21322, 21342, and 21346. In

one case, we did not clearly delineate

the provisions in Virginia’s compliance

testing requirements (9 VAC 5–40–20)

which we had historically approved,

and thus incorporated by reference, as

part of the Virginia SIP. In the other

case, we omitted the listing of eight

other Virginia air pollution control rules

(either in the 9 VAC 5 or ‘‘VR’’ format)

which EPA had incorporated by

reference in past rulemaking actions

into the SIP. In this action, we are

publishing those entries in 40 CFR

52.2420(c) which contained incorrect

information or were inadvertently

omitted from the document.

At the same time, we had intended to

revise the citation of Virginia’s

compliance testing provision which we

had historically disapproved and

codified at 40 CFR 52.2423(f) so that it

reflects the current 9 VAC 5 citation.

This action revises § 52.2423(f) to reflect

the correct citation. Section 553 of the

Administrative Procedure Act, 5 U.S.C.

553(b)(B), provides that, when an

agency for good cause finds that notice

and public procedure 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 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. We find that

this constitutes good cause under 5

U.S.C. 553(b)(B).

Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

is therefore not subject to review by the

Office of Management and Budget.

Because the agency has made a ‘‘good

cause’’ finding that this action is not

subject to notice-and-comment

requirements under the Administrative

Procedure Act or any other statute as

indicated in the Supplementary

Information section above, it is not

subject to the regulatory flexibility

provisions of the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.), or to sections

202 and 205 of the Unfunded Mandates

Reform Act of 1995 (UMRA) (Public

Law 104–4). 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 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 governments, as specified by

Executive Order 13132 (64 FR 43255,

August 10, 1999). This rule also is not

subject to Executive Order 13045 (62 FR

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

economically significant.

This technical correction 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. The 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 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).

EPA has complied with Executive Order

12630 (53 FR 8859, March 15, 1998) 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

Paperwork Reduction Act of 1995 (44

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

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 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. 5 U.S.C.

808(2). As stated previously, EPA had

made such a good cause finding,

including the reasons therefore, and

established an effective date of July 6,

2000. 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. The corrections to

40 CFR 52.2420(c) and 52.2423(f) for

Virginia are not ‘‘major rules’’ as

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

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Rules and Regulations 41593

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Particulate

matter, Reporting and recordkeeping

requirements, Sulfur oxides.

Dated: June 19, 2000.

Bradley M. Campbell,

Regional Administrator, EPA 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 VV—Virginia

2. In § 52.2420, the table in paragraph

(c) is amended by:

a. Revising entry ‘‘5–40–20’’ under

Chapter 40, Part I.

b. Adding in numerical order entry

‘‘5–91–40’’ under Chapter 91, Part II.

c. Removing entry ‘‘5–480–20’’ and

adding new entries in its place under 2

VAC 5, Chapter 480.

The revisions and additions read as

follows:

§ 52.2420 Identification of plan.

* * * * *

(c) * * *

EPA-APPROVED REGULATIONS IN THE VIRGINIA SIP

State Citation

(9 VAC 5) Title/subject

State

effective

date

EPA approval date

Explanation

[former SIP citation]

*******

Chapter 40 Existing Stationary Sources [Part IV]

Part I Special Provisions

*******

5–40–20 (Except A.3) ....................... Compliance ...................................................................... 4/17/95 4/21/00

65 FR 21315

120–04–02

(Except A.3).

** * * * * *

Chapter 91 Regulations for the Control of Motor Vehicle Emissions in the Northern Virginia Area

* * ** * **

Part II General Provisions

* * ** * **

5–91–40 ............................................. Establishment of Regulations and Orders ...................... 1/24/97 9/1/99

64 FR 47670

* * ** * **

2 VAC 5 CHAPTER 480 Regulation Governing the Oxygenation of Gasoline

VR115–04–28, § 1 ............................. Definitions ........................................................................ 11/1/93 4/15/94

39 FR 17942

5–480–20 ........................................... Applicability ...................................................................... 11/1/96 2/17/00

65 FR 8051

SIP Effective

Date: 4/3/00.

VR115–04–28, § 3 ............................. Minimum oxygenate content ........................................... 11/1/93 4/15/94

39 FR 17942

VR115–04–28, § 4 ............................. Nature of oxygenates ...................................................... 11/1/93 4/15/94

39 FR 17942

VR115–04–28, § 5 ............................. Record keeping and transfer requirements ..................... 11/1/93 4/15/94

39 FR 17942

VR115–04–28, § 6 ............................. Gasoline pump labeling ................................................... 11/1/93 4/15/94

39 FR 17942

VR115–04–28, § 7 ............................. Sampling, testing and oxygen content calculations ........ 11/1/93 4/15/94

39 FR 17942

VR115–04–28, § 8 ............................. Compliance and enforcement ......................................... 11/1/93 4/15/94

39 FR 17942

41594 Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Rules and Regulations

§ 52.2423 [Amended]

3. In § 52.2423(f), the citation

‘‘Section 120–04–02.A.3.’’ is revised to

read ‘‘Section 9 VAC 5–40–20.A.3.’’

[FR Doc. 00–16366 Filed 7–5–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–6730–6]

RIN 2060–AE86

National Emission Standards for

Hazardous Air Pollutants for Polyether

Polyols Production; Synthetic Organic

Chemical Manufacturing Industry;

Epoxy Resins Production and NonNylon Polyamides Production; and

Petroleum Refineries

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Withdrawal of amendment in

direct final rule.

SUMMARY: Due to an adverse comment,

the EPA is withdrawing an amendment

from the May 8, 2000 direct final rule

for National Emission Standards for

Hazardous Air Pollutants (NESHAP) for

Polyether Polyols Production; Synthetic

Organic Chemical Manufacturing

Industry; Epoxy Resins Production and

Non-Nylon Polyamides Production; and

Petroleum Refineries. The amendment

being withdrawn deals with the

definition of equipment leak in the

Petroleum Refineries NESHAP. The

withdrawal of the amendment from the

direct final rule will only affect sources

subject to the Petroleum Refineries

NESHAP.

DATES: Amendment 6 in the direct final

rule, which amends § 63.641, published

on May 8, 2000 (65 FR 26491), is

withdrawn as of July 6, 2000. The

remaining amendments will be effective

July 7, 2000, as stated in the May 8 rule.

ADDRESSES: Docket numbers A–90–20

(Hazardous Organic NESHAP); A–92–37

(Epoxy Resins Production and NonNylon Polyamides Production); A–93–

48 (Petroleum Refineries); and A–96–38

(Polyether Polyols Production) contain

supporting information used in

developing the standards. The dockets

are located at the U.S. Environmental

Protection Agency, 401 M Street SW,

Washington, DC 20460, in room M–

1500, Waterside Mall (ground floor),

and may be inspected from 8:30 a.m. to

5:30 p.m., Monday through Friday,

excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert E. Rosensteel at (919) 541–5608,

Emission Standards Division (MD–13),

Environmental Protection Agency,

Research Triangle Park, North Carolina

27711, electronic mail address

‘‘rosensteel.bob@epa.gov’’.

SUPPLEMENTARY INFORMATION: On May 8,

2000, the EPA published a direct final

rule (65 FR 26491) and a parallel

proposal (65 FR 26544) to amend

portions of the NESHAP for Polyether

Polyols Production; Synthetic Organic

Chemical Manufacturing Industry;

Epoxy Resins Production and NonNylon Polyamides Production; and

Petroleum Refineries. The EPA stated in

the direct final rule that if relevant,

adverse comments were received by

June 7, 2000, the EPA would publish a

document to withdraw the affected

portions of the direct final rule before its

effective date of July 7, 2000. The EPA

received an adverse comment on

Amendment 6 in the direct final rule

and, therefore, is withdrawing

Amendment 6. This withdrawal of

Amendment 6 only affects sources

subject to the Petroleum Refineries

NESHAP (40 CFR part 63, subpart CC).

Amendment 6 would have changed the

definition of equipment leak to add the

term ‘‘connectors’’ to the equipment

leak provisions in the NESHAP.

The adverse comment stated that the

EPA’s rationale for adding connectors to

the list of equipment in the definition of

equipment leak was not supported by

the record of the rulemaking for the

Petroleum Refineries NESHAP. It

indicated that meetings with, and

correspondence from, EPA and Congress

supported flexibility and the New

Source Performance Standard (NSPS)

option without connectors. Therefore,

the EPA is withdrawing this amendment

and will decide the appropriate

response to this comment. The 19

amendments for which we did not

receive adverse comments will become

effective on July 7, 2000, as provided in

the May 8, 2000 direct final rule (65 FR

26491).

Dated: June 30, 2000.

Robert Brenner,

Acting, Assistant Administrator for Air and

Radiation.

[FR Doc. 00–17068 Filed 7–5–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301008; FRL–6590–1]

RIN 2070–AB78

Tebufenozide; Pesticide Tolerances for

Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes a

time-limited tolerance for residues of

tebufenozide (benzoic acid, 3,5-

dimethyl-1-(1,1-dimethylethyl)-2-(4-

ethylbenzoyl)hydrazide) in or on grapes.

This action is in response to EPA’s

granting of an emergency exemption

under section 18 of the Federal

Insecticide, Fungicide, and Rodenticide

Act authorizing use of the pesticide on

grapes. This regulation establishes a

maximum permissible level for residues

of tebufenozide in this food commodity.

The tolerance will expire and is revoked

on December 31, 2001.

DATES: This regulation is effective July

6, 2000. Objections and requests for

hearings, identified by docket control

number OPP–301008, must be received

by EPA on or before September 5, 2000.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, in person, or by courier. Please

follow the detailed instructions for each

method as provided in Unit VII. of the

‘‘SUPPLEMENTARY INFORMATION.’’

To ensure proper receipt by EPA, your

objections and hearing requests must

identify docket control number OPP–

301008 in the subject line on the first

page of your response.

FOR FURTHER INFORMATION CONTACT: By

mail: Barbara Madden, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number, 703–305–6463; e-mail address:

madden.barbara@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by

this action if you are an agricultural

producer, food manufacturer, or

pesticide manufacturer. Potentially

affected categories and entities may

include, but are not limited to: