Federal Register / Vol. 66, No. 233 / Tuesday, December 4, 2001 / Rules and Regulations 62945

Dated: November 26, 2001.

Marybeth Peters,

Register of Copyrights.

Approved by:

James H. Billington,

Librarian of Congress.

[FR Doc. 01–30013 Filed 12–3–01; 8:45 am]

BILLING CODE 1410–30–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 70

[HIO62–OPP; FRL–7111–5]

Clean Air Act Full Approval of the

Operating Permits Program; State of

Hawaii

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is taking final action to

fully approve the State of Hawaii’s

operating permits program. Hawaii’s

program was submitted in response to

the directive in the 1990 Clean Air Act

(CAA) Amendments that permitting

authorities develop, and submit to EPA,

programs for issuing operating permits

to all major stationary sources and to

certain other sources within the

permitting authorities’ jurisdiction. On

December 1, 1994 EPA granted interim

approval to the Hawaii operating

permits program. Hawaii revised its

program to satisfy the conditions of the

interim approval, and EPA proposed

full approval in the Federal Register on

October 15, 2001. EPA did not receive

any comments on the proposed action,

so this action promulgates final full

approval of the State of Hawaii’s

operating permits program.

EFFECTIVE DATE: This rule is effective on

November 30, 2001.

ADDRESSES: Copies of the Hawaii

submittal and other supporting

information used in developing this

final full approval are available for

inspection during normal business

hours at the following location: U.S.

Environmental Protection Agency,

Region 9, 75 Hawthorne Street, San

Francisco, California, and Oahu: Clean

Air Branch, Department of Health, 919

Ala Moana Blvd., Room 203, Honolulu.

FOR FURTHER INFORMATION CONTACT:

Robert Baker, EPA Region IX, at (415)

972–3979 (Baker.Robert@epa.gov).

SUPPLEMENTARY INFORMATION: This

section contains additional information

about our final rulemaking, organized as

follows:

I. Background on the Hawaii operating

permits program.

II. Comments received by EPA on our

proposed rulemaking and EPA’s

responses.

III. EPA’s final action.

IV. Effective date of EPA’s full approval of

the Hawaii operating permits program.

I. Background on the [District/State]

Operating Permits Program

The Clean Air Act (CAA)

Amendments of 1990 required all state

and local permitting authorities to

develop operating permits programs that

meet certain federal criteria. The State

of Hawaii’s operating permits program

was submitted in response to this

directive. Because the State’s program

substantially, but not fully, met the

requirements of part 70, EPA granted

interim approval to the program in a

rulemaking published on December 1,

1994 (59 FR 61549). The interim

approval notice described the

conditions that had to be met in order

for the State program to receive full

approval.

After Hawaii revised its program to

address the conditions of the interim

approval, EPA promulgated a proposal

to approve Hawaii’s Title V operating

permits program on October 15, 2001

(66 FR 52368).

II. Comments Received by EPA on Our

Proposed Rulemaking and EPA’s

Responses

EPA did not receive any comments on

the proposed action, so this action

promulgates final full approval of the

State of Hawaii’s operating permits

program.

III. EPA’s Final Action

EPA is granting full approval to the

operating permits program submitted by

the State of Hawaii based on the

revisions submitted on September 21,

2001, which satisfactorily address the

program deficiencies identified in EPA’s

July 26, 1994 interim approval (see 59

FR 37957). In addition, the State has

made other changes to its operating

permit program that are unrelated to the

changes made to correct interim

approval deficiencies. EPA is not taking

any action on these additional program

changes in this notice. EPA will

evaluate the additional program changes

and will take appropriate action at a

later date.

IV. Effective Date of EPA’s Full

Approval of the Hawaii Operating

Permits Program

EPA is using the good cause exception

under the Administrative Procedure Act

(APA) to make the full approval of the

State’s program effective on November

30, 2001. In relevant part, section 553(d)

provides that publication of ‘‘a

substantive rule shall be made not less

than 30 days before its effective date,

except— * * * (3) as otherwise

provided by the agency for good cause

found and published with the rule.

Good cause may be supported by an

agency determination that a delay in the

effective date is ‘‘impracticable,

unnecessary, or contrary to the public

interest.’’ EPA believes that it is

necessary and in the public interest to

make this action effective sooner than

30 days following publication. In this

case, EPA believes that it is in the

public interest for the program to take

effect before December 1, 2001. The

interim approved program expires on

December 1, 2001. In the absence of this

approved program taking effect on

November 30, the federal program

would automatically take effect and

would remain in place until the

effective date of the fully-approved

state/district program. EPA believes it is

in the public interest for sources, the

public and the State to avoid any gap in

coverage of the State program, as such

a gap could cause confusion regarding

permitting obligations. Furthermore, a

delay in the effective date is

unnecessary because the State of Hawaii

has been administering the Title V

permit program for seven years under an

interim approval. Through this action,

EPA is approving a few revisions to the

existing and currently operational

program. The change from the interim

approved program which substantially

but did not fully meet the part 70

requirements, to the fully approved

program is relatively minor, in

particular if compared to the changes

between a state approved program and

the federal program. Finally, sources are

already complying with all of the newly

approved requirements as a matter of

state law. Thus, there is little or no

additional burden with complying with

these requirements under the federally

approved program.

Administrative Requirements

Under Executive Order 12866,

‘‘Regulatory Planning and Review’’ (58

FR 51735, October 4, 1993), this final

approval is not a ‘‘significant regulatory

action’’ and therefore is not subject to

review by the Office of Management and

Budget. Under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.) the

Administrator certifies that this final

approval will not have a significant

economic impact on a substantial

number of small entities because it

merely approves state law as meeting

federal requirements and imposes no

additional requirements beyond those

imposed by state law. This rule does not

62946 Federal Register / Vol. 66, No. 233 / Tuesday, December 4, 2001 / Rules and Regulations

contain any unfunded mandates and

does not significantly or uniquely affect

small governments, as described in the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4) because it approves preexisting requirements under state law

and does not impose any additional

enforceable duties beyond that required

by state law. This rule also does not

have tribal implications because it will

not have a substantial direct effect on

one or more Indian tribes, on the

relationship between the Federal

Government and Indian tribes, or on the

distribution of power and

responsibilities between the Federal

Government and Indian tribes, as

specified by Executive Order 13175,

‘‘Consultation and Coordination with

Indian Tribal Governments’’ (65 FR

67249, November 9, 2000). This rule

also does not have Federalism

implications because it 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, ‘‘Federalism’’

(64 FR 43255, August 10, 1999). This

rule merely approves existing

requirements under state law, and does

not alter the relationship or the

distribution of power and

responsibilities between the State and

the Federal government established in

the Clean Air Act. This final approval

also is not subject to Executive Order

13045, ‘‘Protection of Children from

Environmental Health Risks and Safety

Risks’’ (62 FR 19885, April 23, 1997) or

Executive Order 13211, ‘‘Actions

Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use’’ (66 FR 28355, May

22, 2001), because it is not a significant

regulatory action under Executive Order

12866. This action will not impose any

collection of information subject to the

provisions of the Paperwork Reduction

Act, 44 U.S.C. 3501 et seq., other than

those previously approved and assigned

OMB control number 2060–0243. For

additional information concerning these

requirements, see 40 CFR part 70. An

agency may not conduct or sponsor, and

a person is not required to respond to,

a collection of information unless it

displays a currently valid OMB control

number.

In reviewing State operating permit

programs submitted pursuant to Title V

of the Clean Air Act, EPA will approve

State programs provided that they meet

the requirements of the Clean Air Act

and EPA’s regulations codified at 40

CFR Part 70. 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 State operating permit

program for failure to use VCS. It would

thus be inconsistent with applicable law

for EPA, when it reviews an operating

permit program, to use VCS in place of

a State program 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.

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. 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. section 804(2). This

rule will be effective on November 30,

2001.

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 February 4, 2002.

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 70

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Operating permits, Reporting

and recordkeeping requirements.

Dated: November 27, 2001.

Wayne Nastri,

Regional Administrator, Region 9.

40 CFR part 70, chapter I, title 40 of

the Code of Federal Regulations is

amended as follows:

PART 70—[AMENDED]

1. The authority citation for part 70

continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

2. Appendix A to part 70 is amended

by adding paragraph (b) under Hawaii to

read as follows:

Appendix A to Part 70—Approval

Status of State and Local Operating

Permits Programs

* * * * *

Hawaii

* * * * *

(b) Revisions were submitted on

September 21, 2001. The rule

amendments contained in the

September 21, 2001 submittal

adequately addressed the conditions of

the interim approval effective on

December 1, 1994. The Department of

Health, State of Hawaii, is hereby

granted final full approval effective on

November 30, 2001.

* * * * *

[FR Doc. 01–29959 Filed 12–3–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 70

[IL; FRL–7112–1]

Clean Air Act Final Full Approval of the

Operating Permits Program; Illinois

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is taking final action

to fully approve the Illinois Clean Air

Act Permit Program (CAAPP), 415 ILCS

5/39.5, submitted by Illinois pursuant to

subchapter V of the Clean Air Act,

which requires states to develop and

submit to EPA for approval, programs

for issuing operating permits to all

major stationary sources and to certain

other sources.

DATES: The effective date of this action

is November 30, 2001.

ADDRESSES: Copies of the state’s

submittal and other supporting

information used in developing the full

approval are available for inspection

during normal business hours at the

following location: EPA Region 5, 77

West Jackson Boulevard, AR–18J,

Chicago, Illinois, 60604. Please contact

Steve Marquardt at (312) 353–3214 to

arrange a time if inspection of the

submittal is desired.