64158 Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations

List of Subjects 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides.

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

Dated: October 6, 2000.

William Rice,

Acting Regional Administrator, Region 7.

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 AA—Missouri

2. Section 52.1320(c) is amended by

removing the heading and entries for

‘‘St. Louis City Ordinance 59270’’ and

adding in its place the new heading and

entries shown below.

§ 52.1320 Identification of plan.

* * * * *

(c) * * *

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title

State

effective

date

EPA approval date Explanation

*******

St. Louis City Ordinance 64749

Section 7 ................ Definitions ......................... 4/27/00 10/26/00 and FR

cite.

The phrase ‘‘other than liquids or gases’’ in the Refuse

definition has not been approved.

Section 17 .............. Open Burning ................... 4/27/00 10/26/00 and FR

cite.

3. Section 52.1230(d) is amended

under the heading ‘‘St. Louis City

Incinerator Permits’’ by deleting the two

entries for Washington University

School of Medicine and adding an entry

at the end of the table for St. Louis

University.

(d) * * *

EPA—APPROVED STATE SOURCE-SPECIFIC PERMITS AND ORDERS

Name of source Order/permit No.

State

effective

date

EPA approval date Explanation

*******

St. Louis University ....................................... Permit Matter No. 00–01–004 ...................... 1/31/00 10/26/00 and FR

cite.

* * * * *

[FR Doc. 00–27146 Filed 10–25–00; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 70

[MO 116–1116a; FRL–6890–4]

Approval and Promulgation of

Implementation Plans; State of

Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving an

amendment to the Missouri State

Implementation Plan (SIP) pertaining to

the state’s Submission of Emission Data,

Emission Fees, and Process Information

rule. EPA is also approving this rule as

it pertains to Missouri’s part 70

operating permits program. EPA is also

approving the state’s request to remove

from the SIP the General Organization

rule. The effect of this action is to

ensure Federal enforceability of the

state’s air program rule revisions and to

maintain consistency between the stateadopted rules and the approved SIP and

part 70 programs.

DATES: This direct final rule is effective

on December 26, 2000, without further

notice, unless EPA receives adverse

written comment by November 27,

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 must be

submitted to Wayne Kaiser, Air

Planning and Development Branch, 901

North 5th Street, Kansas City, Kansas

66101.

Copies of documents relative to this

action are available for public

inspection during normal business

hours at the above listed Region 7

location. The interested persons

wanting to examine these documents

should make an appointment with the

office at least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT:

Wayne Kaiser at (913) 551–7603.

SUPPLEMENTARY INFORMATION:

Throughout this document whenever

‘‘we, us, or our’’ is used, we mean EPA.

This section provides additional

information by addressing the following

questions:

What Is a SIP?

What Is the Federal Approval Process for a

SIP?

What Does Federal Approval of a State

Regulation Mean to Me?

What Is the Part 70 Operating Permits

Program?

What Is Being Addressed in This Action?

Have the Requirements for Approval of a SIP

Revision Been Met?

What Action Is EPA Taking?

What Is a SIP?

Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations 64159

Section 110 of the Clean Air Act

(CAA) requires states to develop air

pollution regulations and control

strategies to ensure that state air quality

meets the national ambient air quality

standards established by EPA. These

ambient standards are established under

section 109 of the CAA, and they

currently address six criteria pollutants.

These pollutants are: carbon monoxide,

nitrogen dioxide, ozone, lead,

particulate matter, and sulfur dioxide.

Each state must submit these

regulations and control strategies to EPA

for approval and incorporation into the

Federally enforceable SIP.

Each Federally approved SIP protects

air quality primarily by addressing air

pollution at its point of origin. These

SIPs can be extensive, containing state

regulations or other enforceable

documents and supporting information

such as emission inventories,

monitoring networks, and modeling

demonstrations.

What Is the Federal Approval Process

for a SIP?

In order for state regulations to be

incorporated into the Federally

enforceable SIP, states must formally

adopt the regulations and control

strategies consistent with state and

Federal requirements. This process

generally includes a public notice,

public hearing, public comment period,

and a formal adoption by a stateauthorized rulemaking body.

Once a state rule, regulation, or

control strategy is adopted, the state

submits it to us for inclusion into the

SIP. We must provide public notice and

seek additional public comment

regarding the proposed Federal action

on the state submission. If adverse

comments are received, they must be

addressed prior to any final Federal

action by us.

All state regulations and supporting

information approved by EPA under

section 110 of the CAA are incorporated

into the Federally approved SIP.

Records of such SIP actions are

maintained in the Code of Federal

Regulations (CFR) at Title 40, Part 52,

entitled ‘‘Approval and Promulgation of

Implementation Plans.’’ The actual state

regulations which are approved are not

reproduced in their entirety in the CFR

outright but are ‘‘incorporated by

reference,’’ which means that we have

approved a given state regulation with

a specific effective date.

What Does Federal Approval of a State

Regulation Mean to Me?

Enforcement of the state regulation

before and after it is incorporated into

the Federally approved SIP is primarily

a state responsibility. However, after the

regulation is Federally approved, we are

authorized to take enforcement action

against violators. Citizens are also

offered legal recourse to address

violations as described in section 304 of

the CAA.

What Is the Part 70 Operating Permits

Program?

The Clean Air Act (CAA)

Amendments of 1990 require all states

to develop operating permits programs

that meet certain Federal criteria. In

implementing this program, the states

are to require certain sources of air

pollution to obtain permits that contain

all applicable requirements under the

CAA. One purpose of the part 70

operating permits program is to improve

enforcement by issuing each source a

single permit that consolidates all of the

applicable CAA requirements into a

Federal enforceable document. By

consolidating all of the applicable

requirements for a facility into one

document, the source, the public, and

the permitting authorities can more

easily determine what CAA

requirements apply and how

compliance with those requirements is

determined.

Sources required to obtain an

operating permit under this program

include ‘‘major’’ sources of air pollution

and certain other sources specified in

the CAA or in our implementing

regulations. For example, all sources

regulated under the acid rain program,

regardless of size, must obtain permits.

Examples of major sources include

those that emit 100 tons per year or

more of volatile organic compounds,

carbon monoxide, lead, sulfur dioxide,

nitrogen dioxide, or PM10; those that

emit 10 tons per year of any single

hazardous air pollutant (HAP)

(specifically listed under the CAA); or

those that emit 25 tons per year or more

of a combination of HAPs.

Revisions to the state and local

agencies operating permits program are

also subject to public notice, comment,

and our approval.

What Is Being Addressed in This

Document?

On May 22, 2000, we received a

request from the Missouri Department of

Natural Resources (MDNR) to amend the

SIP to approve revisions to rule 10 CSR

10–6.110, Submission of Emission Data,

Emission Fees, and Process Information.

MDNR also requested that we approve

this rule revision as it pertains to the

state’s approved part 70 operating

permits program.

On August 26, 1999, the Missouri Air

Conservation Commission (MACC)

adopted revisions to this rule, which

became effective on December 30, 1999.

These revisions corrected a

typographical error, updated calendar

year references, made other clarifying

revisions, and added a section which

clarified the state’s ability to collect past

fees. The revisions do not change the

stringency of the rule.

In a separate request, also dated May

22, 2000, MDNR requested that we

remove from the SIP rule 10 CSR 10–

1.010, General Organization. In 1998,

MDNR revised this rule to reflect

organizational and operational changes

that had occurred since the

promulgation of the rule in 1987. The

rule revision was adopted by the MACC

on August 27, 1998, and became

effective on December 30, 1998. In its

submittal letter to us MDNR requested

that this rule be removed from the SIP.

This rule only governs internal MDNR

authorities and responsibilities and does

not relate to attainment of the National

Ambient Air Quality Standards. We

believe it is appropriate to remove this

rule from the SIP and thus are

approving the state’s request.

A more detailed discussion of the

specific rule revisions and the state’s

actions is contained in the technical

support document prepared for this

action, which is available from the EPA

contact listed above.

Have the Requirements for Approval of

a SIP Revision Been Met?

The state submittals has met the

public notice requirements for SIP

submissions in accordance with 40 CFR

51.102. The submittal also satisfied the

completeness criteria of 40 CFR Part 51,

Appendix V. In addition, as explained

above and in more detail in the

technical support document which is

part of this document, the revision

meets the substantive SIP requirements

of the CAA, including section 110 and

implementing regulations.

What Action Is EPA Taking?

We are processing this action as a

final action because the revisions make

routine changes to the existing rules

which are noncontroversial. Therefore,

we do not anticipate any adverse

comments.

Conclusion

We are approving the state’s request

to amend the SIP by approving revisions

to rule 10 CSR 10–6.110 and by

removing rule 10 CSR 10–1.010 from the

SIP. We are also approving rule 10 CSR

10–6.110 as it pertains to the Missouri

part 70 operating permits program.

64160 Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations

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 (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

CAA. 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, our

role is to approve state choices,

provided that they meet the criteria of

the CAA. In this context, in the absence

of a prior existing requirement for the

state to use voluntary consensus

standards (VCS), we have 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 CAA. 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,

we have 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. 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. We will submit a report

containing this rule and other required

information to the United States Senate,

the United States 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 CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by December 26, 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, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides.

Dated: October 6, 2000.

William Rice,

Acting Regional Administrator, Region 7.

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 AA—Missouri

2. In § 52.1320(c) the table is amended

by:

a. Removing the entry for Chapter 1

including the entry 10–1.010.

b. Revising the entry under Chapter 6

for 10–6.110, to read as follows:

§ 52.1320 Identification of plan.

* * * * *

(c) * * *

EPA—APPROVED MISSOURI REGULATIONS

Missouri citation Title

State

effective

date

EPA approval date Explanation

Missouri Department of Natural Resources

*******

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of

Missouri

*******

10–6.110 ....................... Submission of Emission Data, Emission Fees and Process Information.12/30/99 10/26/00 and FR

cite.

Section (5), Emission Fees, has not

been approved as part of the SIP.

*******

Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations 64161

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 (g) to the entry for

Missouri to read as follows:

Appendix A to Part 70—Approval

Status of State and Local Operating

Permits Programs

* * * * *

Missouri

* * * * *

(g) The Missouri Department of Natural

Resources submitted Missouri rule 10 CSR

10–6.110, Submission of Emission Data,

Emission Fees, and Process Information on

May 22, 2000, approval effective December

26, 2000.

* * * * *

[FR Doc. 00–27148 Filed 10–25–00; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–6892–4]

RIN 2060–AH47

National Emission Standards for

Hazardous Air Pollutant Emissions:

Group IV Polymers and Resins

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Withdrawal of direct final rule.

SUMMARY: Because EPA received

adverse comment, we are withdrawing

the direct final rule published on

August 29, 2000 (65 FR 52319) to

indefinitely stay the compliance date for

the process contact cooling tower

(PCCT) provisions for existing affected

sources producing poly(ethylene

terephthalate) (PET) using the

continuous terephthalic acid (TPA) high

viscosity multiple end finisher process.

We stated in that direct final rule that

if we received adverse comment by

September 28, 2000, we would publish

a timely withdrawal in the Federal

Register. We subsequently received

adverse comment on that direct final

rule. We will address that comment in

a subsequent final action based on the

parallel proposal also published on

August 29, 2000 (65 FR 52392). As

stated in the parallel proposal, we will

not institute a second comment period

on this action.

DATES: As of October 26, 2000, EPA

withdraws the direct final rule

published at 65 FR 52319 on August 29,

2000.

ADDRESSES: Docket number A–92–45,

containing information relevant to the

direct final rule being withdrawn, is

available for public inspection between

8:00 a.m. and 5:30 p.m., Monday

through Friday (except for Federal

holidays) at the following address: U.S.

Environmental Protection Agency, Air

and Radiation Docket and Information

Center (6102), 401 M Street, SW,

Washington, DC 20460, or by calling

(202) 260–7548. A reasonable fee may

be charged for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert E. Rosensteel, Organic Chemicals

Group, Emission Standards Division

(MD–13), Office of Air Quality Planning

and Standards, U.S. EPA, Research

Triangle Park, NC 27711, telephone

number (919) 541–5608, electronic mail

address rosensteel.bob@epa.gov.

SUPPLEMENTARY INFORMATION: On

September 12, 1996, we promulgated

National Emission Standards for

Hazardous Air Pollutant (NESHAP) for

Group IV Polymers and Resins as

subpart JJJ in 40 CFR part 63. The

NESHAP established a new subcategory

for PET manufacture specified as the

continuous TPA high viscosity multiple

end finisher subcategory. The NESHAP

also established standards for PCCT,

contained in 40 CFR 63.1329, for

existing affected sources in the new

subcategory.

A petition was submitted to us

requesting reconsideration of the

technical basis for establishment of the

continuous TPA high viscosity multiple

end finisher subcategory (Docket: A–92–

45). The petition presented new

information related to the production

processes for the manufacture of PET

that the petitioner claims calls into

question the need and justification for a

separate subcategory for the continuous

TPA high viscosity multiple end

finisher process. The information

presented in the petition led us to

accept the petitioner’s request to

reconsider the need for the continuous

TPA high viscosity multiple end

finisher subcategory.

On August 29, 2000, the EPA

published a direct final rule (65 FR

52319) and a parallel proposal (65 FR

52392) to indefinitely stay the

compliance date for the PCCT

provisions for existing affected sources

producing PET using the continuous

TPA high viscosity multiple end

finisher process. The stay was issued

because EPA was in the process of

responding to a request to reconsider

relevant portions of the NESHAP for

Group IV Polymers and Resins that

might result in changes to the emission

limitation which applies to PCCT in this

subcategory. It was unlikely that the

reconsideration process would be

complete before actions were necessary

to comply with the current PCCT

standard. Therefore, we issued an

indefinite stay of the compliance date.

The EPA stated in the direct final rule

that if adverse comments were received

by September 28, 2000, the EPA would

publish a notice to withdraw the direct

final rule before its effective date of

October 30, 2000. The EPA received an

adverse comment and, therefore, is

withdrawing the direct final rule.

The EPA will address this comment

in the subsequent final action on the

parallel proposal.

Dated: October 19, 2000.

Robert D. Brenner,

Acting Assistant Administrator, Office of Air

and Radiation.

[FR Doc. 00–27583 Filed 10–25–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–6889–7]

Tennessee: Final Authorization of

State Hazardous Waste Management

Program Revision

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: Tennessee has applied to EPA

for Final authorization of the changes to

its hazardous waste program under the

Resource Conservation and Recovery

Act (RCRA). Tennessee’s revision

consists of the Corrective Action

provisions contained in HSWA Clusters

I, II, and RCRA III. EPA has determined

that these changes satisfy all

requirements needed to qualify for Final

authorization, and is authorizing the

State’s changes through this immediate

final action. EPA is publishing this rule

to authorize the changes without a prior

proposal because we believe this action

is not controversial and do not expect

comments that oppose it. Unless we get

written comments which oppose this

authorization during the comment

period, the decision to authorize

Tennessee’s changes to their hazardous

waste program will take effect. If we get

comments that oppose this action, we

will publish a document in the Federal

Register withdrawing this rule before it

takes effect and a separate document in

the proposed rules section of this