14318 Federal Register / Vol. 66, No. 48 / Monday, March 12, 2001 / Rules and Regulations

PART 817—PERMANENT PROGRAM

PERFORMANCE STANDARDS—

UNDERGROUND MINING ACTIVITIES

4. The authority citation for Part 817

is revised to read as follows:

Authority: 30 U.S.C. 1201 et seq.

§ 817.49 [Amended]

5. Amend § 817.49 as follows:

a. In paragraph (a)(1), the words

‘‘Room 660, 800 North Capitol Street’’

are revised to read ‘‘1951 Constitution

Avenue, NW.’’

b. In paragraph (a)(9), the references

to ‘‘(a)(8)(i)’’ and ‘‘(a)(8)(ii)’’ are revised

to read ‘‘(a)(9)(i)’’ and ‘‘(a)(9)(ii),’’

respectively.

c. In paragraph (a)(9)(ii), the reference

to ‘‘(a)(8)’’ is revised to read ‘‘(a)(9).’’

d. In paragraph (a)(11), the references

to ‘‘(a)(10)(i)’’ and ‘‘(a)(10)(iv)’’ are

revised to read ‘‘(a)(11)(i)’’ and

‘‘(a)(11)(iv),’’ respectively.

e. In paragraph (a)(11)(ii), the

references to ‘‘(a)(10)(i)’’ and

‘‘(a)(10)(iv)’’ are revised to read

‘‘(a)(11)(i)’’ and ‘‘(a)(11)(iv),’’

respectively.

f. In paragraph (c)(2), the reference to

‘‘(a)(8)(i)’’ is revised to read ‘‘(a)(9)(i).’’

[FR Doc. 01–6105 Filed 3–9–01; 8:45 am]

BILLING CODE 4310–05–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MA–01–082–7212a; A–1–FRL–6931–3]

Approval and Promulgation of Air

Quality Implementation Plans;

Massachusetts; Amendment to the

Massachusetts Port Authority/Logan

Airport Parking Freeze and City of

Boston/East Boston Parking Freeze

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the Commonwealth of

Massachusetts. This revision establishes

a state process to allow the transfer of

parking spaces from the East Boston

Parking Freeze to the Logan Parking

Freeze provided the total Logan Parking

Freeze inventory number remains at or

below 21,790 parking spaces. This

action is being taken under the Clean

Air Act.

EFFECTIVE DATE: This rule will become

effective on April 11, 2001.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours, by appointment at the

Office of Ecosystem Protection, U.S.

Environmental Protection Agency, EPANew England, One Congress Street, 11th

floor, Boston, MA; Air and Radiation

Docket and Information Center, U.S.

Environmental Protection Agency,

Room M–1500, 401 M Street, (Mail Code

6102), SW., Washington, DC; and

Planning and Evaluation Division,

Bureau of Waste Prevention,

Massachusetts Department of

Environmental Protection, One Winter

Street, 9th Floor, Boston, MA 02108.

FOR FURTHER INFORMATION CONTACT:

Donald O. Cooke, (617) 918–1668 or email Cooke.donald@epa.gov.

SUPPLEMENTARY INFORMATION: On

November 27, 2000 (65 FR 70676–

70678), EPA published a Notice of

Proposed Rulemaking (NPR) for the

Commonwealth of Massachusetts. The

NPR proposed approval of amendments

to the Massachusetts Port Authority

(Massport)/Logan Airport Parking

Freeze and City of Boston/East Boston

Parking Freeze. The revisions allows the

Commonwealth to automatically

approve the transfer of parking spaces

from the East Boston Parking Freeze to

the Logan Parking Freeze provided the

total parking space inventory number

for the Logan Parking Freeze remains at

or below 21,790 parking spaces. Future

modifications in the parking freeze

inventories for the Logan Airport and

East Boston Parking Freezes will be

regulated by the Commonwealth’s

revisions to Massachusetts State

Regulations 310 CMR 7.30 and 310 CMR

7.31. The formal SIP revision was

submitted by Massachusetts on

December 8, 2000 and December 26,

2000.

Originally, Massachusetts requested

that EPA parallel process this SIP

revision. In accordance with this

process, EPA held a thirty day comment

period which overlapped the

Commonwealth’s public participation

period. During the Commonwealth’s

comment period, two comments were

submitted to the Massachusetts

Department of Environmental Protection

(MA DEP) from Massport and from EPANew England. Massport’s comment

provided substitution of the language in

310 CMR 7.30(5)(b) which enables MA

DEP to keep an up-to-date

administrative record of the Logan and

East Boston Parking Freeze inventories.

EPA-New England’s comment addressed

public access to information on the

number of MA DEP-certified parking

spaces in the Logan Airport and East

Boston Parking Freeze areas. MA DEP

has made a commitment to make these

parking freeze inventory numbers

available on its web site (http://

www.magnet.state.ma.us/dep/

dephome.htm) and will also encourage

Massport and the City of Boston to do

the same.

Other specific requirements of

Massport/Logan Airport Parking Freeze

and City of Boston/East Boston Parking

Freeze, and the rationale for EPA’s

proposed action are explained in the

NPR and will not be restated here. No

public comments were received by EPA

on the NPR.

Final Action

EPA is approving the modifications to

Massachusetts State Regulations 310

CMR 7.30 ‘‘Massport/Logan Airport

Parking Freeze’’ and 310 CMR 7.31

‘‘City of Boston/East Boston Parking

Freeze’’ as revisions to the

Massachusetts SIP.

Administrative 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

Reform Act of 1995 (Public Law 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.

Federal Register / Vol. 66, No. 48 / Monday, March 12, 2001 / Rules and Regulations 14319

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

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 provisions of 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. 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 May 11, 2001.

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, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Particulate

matter, Reporting and recordkeeping

requirements, Sulfur oxides.

Dated: December 28, 2000.

Mindy S. Lubber,

Regional Administrator, EPA-New England.

Part 52 of 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 W—Massachusetts

2. Section 52.1120 is amended by

adding paragraph (c)(130) to read as

follows:

§ 52.1120 Identification of plan.

* * * * *

(c) * * *

(130) Revisions to the State

Implementation Plan submitted by the

Massachusetts Department of

Environmental Protection on December

8, 2000 and December 26, 2000.

(i) Incorporation by reference.

(A) Massachusetts State Regulation

310 CMR 7.30 ‘‘Massport/Logan Airport

Parking Freeze,’’ effective in the

Commonwealth of Massachusetts on

December 22, 2000.

(B) Massachusetts State Regulation

310 CMR 7.31 ‘‘City of Boston/East

Boston Parking Freeze,’’ effective in the

Commonwealth of Massachusetts on

December 22, 2000.

(ii) Additional materials.

(A) Letter from the Massachusetts

Department of Environmental Protection

dated December 8, 2000 submitting a

revision to the Massachusetts State

Implementation Plan.

(B) Letter from the Massachusetts

Department of Environmental Protection

dated December 26, 2000 submitting the

final state certified copies of State

regulations 310 CMR 7.30 ‘‘Massport/

Logan Airport Parking Freeze’’ and 310

CMR 7.31 ‘‘City of Boston/East Boston

Parking Freeze.’’

3. In § 52.1167, Table 52.1167 is

amended by revising entries ‘‘310 CMR

7.30 Massport/Logan Airport Parking

Freeze’’ and ‘‘310 CMR 7.31 City of

Boston/East Boston Parking Freeze’’ to

read as follows:

§ 52.1167 EPA-approved Massachusetts

State regulations.

* * * * *

TABLE 52.1167.—EPA-APPROVED RULES AND REGULATIONS

State

citation Title/subject

Date submitted by

State

Date approved

by EPA Federal Register citation 52.1120(c) Comments/unapprovedsections

*******

310 CMR

7.30.

Massport/Logan Airport

Parking Freeze.

12/26/00 March 12, 2001 [Insert FR citation from

published date].

130 Applies to the parking of

motor vehicles on

Massport property.

310 CMR

7.31.

City of Boston/East Boston Parking Freeze.12/26/00 March 12, 2001 [Insert FR citation from

published date].

130 Applies to the parking of

motor vehicles within

the area of East Boston.

*******

14320 Federal Register / Vol. 66, No. 48 / Monday, March 12, 2001 / Rules and Regulations

1Puget Sound Clean Air was formerly known as

the Puget Sound Air Pollution Control Agency

(PSAPCA). Federal Register rules that were

published prior to January 2000 regarding this

agency have used the PSAPCA name.

[FR Doc. 01–5854 Filed 3–9–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[FRL–6882–2]

Approval of the Clean Air Act, Section

112(l), Authority for Hazardous Air

Pollutants; Perchloroethylene Air

Emission Standards for Dry Cleaning

Facilities; State of Washington; Puget

Sound Clean Air Agency

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: Pursuant to section 112(l) of

the Clean Air Act (CAA), the State of

Washington Department of Ecology

(Ecology) submitted a request on behalf

of the Puget Sound Clean Air Agency

(Puget Sound Clean Air) for approval to

implement and enforce Puget Sound

Clean Air’s Regulation III, section 3.03,

Perchloroethylene Dry Cleaners in place

of federal National Perchloroethylene

Air Emission Standards for Dry

Cleaning Facilities (‘‘dry cleaning

NESHAP’’), as it applies to area sources.

EPA has reviewed this request and

found that it satisfies the requirements

necessary to qualify for approval. Thus,

EPA is hereby granting Puget Sound

Clean Air the authority to implement

and enforce its Perchloroethylene Dry

Cleaners regulation in place of the

federal dry cleaning NESHAP, for area

sources under Puget Sound Clean Air’s

jurisdiction. This approval makes Puget

Sound Clean Air’s rules federally

enforceable and reduces the burden on

area sources within Puget Sound Clean

Air’s jurisdiction such that they will

only have one rule with which they

must comply. Major sources remain

subject to the federal dry cleaning

NESHAP, as adopted into Puget Sound

Clean Air Regulation III, Section 2.02.

DATES: This action will be effective on

May 11, 2001 without further notice,

unless EPA receives relevant adverse

comments by April 11, 2001. If EPA

receives such comments, then it will

publish a timely withdrawal in the

Federal Register informing the public

that this direct final rule will not take

effect. The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of May 11,

2001.

ADDRESSES: Written comments should

be mailed concurrently to the addresses

below:

Doug Hardesty, U.S. Environmental

Protection Agency, Region X, Office of

Air Quality (OAQ–107), 1200 Sixth

Avenue, Seattle, WA, 98101.

Dennis McLerran, Director, Puget Sound

Clean Air Agency, 110 Union Street,

Suite 500, Seattle, WA 98101.

Copies of the requests for approval are

available for public inspection at EPA’s

Region X office during normal business

hours.

FOR FURTHER INFORMATION CONTACT:

Doug Hardesty, US EPA, Region X

(OAQ–107), 1200 Sixth Avenue, Seattle,

WA, 98101, (206) 553–6641.

SUPPLEMENTARY INFORMATION:

This Supplementary Information

section is organized as follows:

I. Background and Purpose

II. EPA Evaluation and Action

A. Puget Sound Clean Air’s Dry Cleaning

Rule

1. Classification of Sources

2. Applicability of Major Sources

3. New Facilities Constructed After 12/09/

91

4. Technical Reference for Definitions

5. Washer Shall Not Share Refrigerated

Condensers with Any Other Equipment

6. Put Perc Into Solvent Tank or Container

with ‘‘No Perceptible Leaks’’

7. Dry Cleaning System Inspection

8. Conditions for Refrigerated Condensers

and Carbon Absorbers That are

Performing Out of Parameter Limits

9. Use of Colorimetric Tubes

10. Maintain Records for at Least 5 Years

11. On-site Design Specs and Operating

Manuals for Each System

12. Authority to Determine Equivalent

Emission Control Technology for Dry

Cleaning Facilities

B. EPA’s Action

C. Puget Sound Clean Air’s Authorities to

Implement and Enforce Section 112

Standards

1. Penalty Authorities

2. Variances

D. Effect of EPA’s Action on Tribal Lands

III. Opportunity for Public Comment

IV. Summary of EPA’s Action

V. Administrative Requirements

I. Background and Purpose

Under CAA section 112(l), EPA may

approve state or local rules or programs

to be implemented and enforced in

place of certain otherwise applicable

CAA section 112 federal rules, emission

standards, or requirements. The federal

regulations governing EPA’s approval of

state and local rules or programs under

section 112(l) are located at 40 CFR part

63, subpart E (see 59 FR 62262,

November 26, 1993). Under these

regulations, a local air pollution control

agency has the option to request EPA’s

approval to substitute a local rule for the

applicable federal rule (i.e., the federal

National Emission Standards for

Hazardous Air Pollutants (NESHAP)).

Upon approval, the local agency is given

the authority to implement and enforce

its rule in place of the NESHAP. To

receive EPA approval using this ‘‘rule

substitution’’ option, the requirements

of 40 CFR 63.91 and 63.93 must be met.

On December 1, 1998, (see 63 FR

66054), EPA promulgated direct final

approval of the State of Washington

Department of Ecology’s (Ecology)

request, on behalf of the Puget Sound

Clean Air Agency 1 (Puget Sound Clean

Air), for delegation of authority to

implement and enforce certain 40 CFR

parts 61 and 63 NESHAP rules, as they

apply to both part 70 and non-part 70

sources (i.e., ‘‘area sources’’). Ecology

had submitted a request on behalf of

Puget Sound Clean Air for approval of

a rule adjustment for 40 CFR part 63,

subpart M (dry cleaning NESHAP). The

original request was dated January 16,

1997, with a correction letter dated

September 4, 1997. EPA did not address

this request in the December 1, 1998,

rulemaking because EPA anticipated

that approval of the requested rule

adjustments would require a more

detailed review under 40 CFR 63.92,

and decided to address Puget Sound

Clean Air’s request for rule adjustments

in a separate notice. After completing its

review of Puget Sound Clean Air’s

request, EPA has determined that Puget

Sound Clean Air’s request does not

qualify as a rule adjustment under 40

CFR 63.92. Instead, the request shall be

treated as a request for a rule

substitution as defined in 40 CFR 63.93.

Therefore, EPA is acting on this request

as a rule substitution according to 40

CFR 63.93.

II. EPA Evaluation and Action

A. Puget Sound Clean Air’s Dry

Cleaning Rule

Puget Sound Clean Air’s dry cleaning

rule differs in several ways from the

federal dry cleaning NESHAP. Many of

these differences make Puget Sound

Clean Air’s regulations more stringent

than the federal NESHAP. However,

some of the provisions of Puget Sound

Clean Air’s dry cleaning regulations

require further clarification to explain

how they are at least equivalent to the

federal dry cleaning NESHAP. In a letter

dated June 9, 2000, Puget Sound Clean

Air committed to interpreting and

implementing its dry cleaning rule

consistent with the explanations

provided in this section so that its rule