Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations 64145

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions.

This final 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 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).

F. Unfunded Mandates

Under section 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 annual costs to

State, local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

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 annual 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.

G. 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. 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 rule is not a ‘‘major’’ rule as

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

H. 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.

I. 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 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, Hydrocarbons, Ozone,

Volatile Organic Compound,

Transportation conformity.

Dated: October 11, 2000.

Norman Niedergang,

Acting Regional Administrator, Region 5.

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 YY—Wisconsin

2. Section 52.2585 is amended by

adding paragraph (n) to read as follows:

§ 52.2585 Control strategy: Ozone.

* * * * *

(n) Approval—On September 8, 2000,

Wisconsin submitted a revision to the

ozone maintenance plan for the

Walworth County area. The revision

consists of allocating a portion of the

Walworth County area’s Volatile

Organic Compounds (VOC) safety

margin to the transportation conformity

Motor Vehicle Emission Budget

(MVEB). The MVEB for transportation

conformity purposes for the Walworth

County area are now: 5.39 tons per day

of VOC emissions and 7.20 tons per day

of oxides of nitrogen emissions for the

year 2007. This approval only changes

the VOC transportation conformity

MVEB for Walworth County.

* * * * *

[FR Doc. 00–27399 Filed 10–25–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MO 110–1110; FRL–6889–8]

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

a new statewide visible emissions rule,

and the rescission of four, old area

specific visible emission rules. The new

statewide rule consolidates the

requirements of the four old area

specific rules. The effect of this

approval is to ensure Federal

enforceability of the state air program

rules and to maintain consistency

between the state-adopted rules and the

approved SIP.

DATES: This 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

64146 Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations

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 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?

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 Being Addressed in This

Document?

On June 7, 2000, we received a

request from the Missouri Department of

Natural Resources (MDNR) to amend the

SIP. The state requested that we approve

new statewide rule 10 CSR 10–6.220,

Restriction of Emission of Visible Air

Contaminants, and rescind four old

area-specific rules which it replaced.

The four rules to be rescinded, and their

area of applicability, are:

• 10 CSR 10–2.060, Restriction of

Emission of Visible Air Contaminants—

Kansas City Metropolitan Area

• 10 CSR 10–3.080, Restriction of

Emission of Visible Air Contaminants—

Outstate Missouri Area

• 10 CSR 10–4.060, Restriction of

Emission of Visible Air Contaminants—

Springfield-Greene County Area

• 10 CSR 10–5.090, Restriction of

Emission of Visible Air Contaminants—

St. Louis Metropolitan Area

The applicability and intent of the

new rule do not differ from the old

rules. Certain revisions were made to

provide clarification and to enhance

enforceability, however. For example, a

definitions section was added with

definitions relevant to this rule, obsolete

exemptions were removed, area specific

exemptions were expanded to statewide

exemptions where appropriate, ‘‘Source

operating time’’ definition was clarified,

and non-COMS test methods were

specified.

The benefits of consolidating the four

rules into one include: Allows fewer

rules for Title V compliance; clarifies

statewide visible emission requirements

and exemptions; requires enforcement

and maintenance of one rule, rather

than four; provides consistent

enforcement throughout the state;

avoids confusion interpreting specific

rule requirements and exemptions in

different areas of the state; and adds a

clarification that sources regulated

under the new source performance

standards (NSPS) are subject to the more

stringent NSPS requirements.

A technical support document (TSD)

containing additional information and

background material for this action has

been prepared and is available from the

EPA contact listed above.

Have the Requirements for Approval of

a SIP Revision Been Met?

The state submittal 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 TSD

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 SIP

which are noncontroversial. Therefore,

we do not anticipate any adverse

comments.

Conclusion

We are approving the state’s request

to amend the SIP by rescinding the four

SIP approved area specific rules and

approving in their place an equivalent

statewide visible emissions rule.

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

Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations 64147

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

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. 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 under Chapter

2 for 10–2.060;

b. Removing the entry under Chapter

3 for 10–3.080;

c. Removing the entry under Chapter

4 for 10–4.060;

d. Removing the entry under Chapter

5 for 10–5.090; and

e. Adding in numerical order an entry

under Chapter 6 for 10–6.220.

The addition reads 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

******

10–6.220 Restriction of Emission of Visible Air Contaminants.11/30/99 [insert date of publication and FR cite].

******

64148 Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations

* * * * *

[FR Doc. 00–27144 Filed 10–25–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TX–119–1–7448a; FRL–6886–1]

Approval and Promulgation of

Implementation Plans; Texas; Water

Heaters, Small Boilers, and Process

Heaters; Agreed Orders; Major

Stationary Sources of Nitrogen Oxides

in the Beaumont/Port Arthur Ozone

Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is taking direct final

action on revisions to the Texas State

Implementation Plan (SIP). This

rulemaking covers four separate actions.

First, we are approving revisions to the

Nitrogen Oxides ( NOX) SIP to add a

rule for water heaters, small boilers, and

process heaters sold and installed in

Texas (the Texas Water Heater Rule).

This rule will contribute to attainment

of the 1-hour ozone standard in the

Beaumont/Port Arthur (B/PA), Houston/

Galveston (H/GA), and Dallas/Fort

Worth (D/FW) nonattainment areas and

will contribute to continued

maintenance of the standard in the rest

of the State of Texas. Second, we are

approving revisions to the Texas NOX

SIP for certain major stationary point

source categories in the B/PA ozone

nonattainment area. These new limits

for certain stationary point sources will

contribute to attainment of the 1-hour

ozone standard in the B/PA area. Third,

we are approving revisions to the

existing approved Texas NOX

Reasonably Available Control

Technology (RACT) SIP because the

changes are administrative in nature.

Fourth, we are approving two Agreed

Orders between the State of Texas and

two companies in Northeast Texas.

These Orders will contribute to

attainment of the 1-hour ozone standard

in the B/PA, H/GA, and D/FW

nonattainment areas and will contribute

to continued maintenance of the

standard in the eastern half of the State

of Texas.

The EPA is approving these SIP

revisions to regulate emissions of NOX

as meeting the requirements of the

Federal Clean Air Act (the Act).

DATES: This rule is effective on

December 26, 2000, without further

notice, unless EPA receives adverse

comment by November 27, 2000. If EPA

receives such comment, EPA will

publish a timely withdrawal in the

Federal Register informing the public

that this rule will not take effect.

ADDRESSES: Written comments on this

action should be addressed to Mr.

Thomas H. Diggs, Chief, Air Planning

Section (6PD–L), at the EPA Region 6

Office listed below. Copies of

documents relevant to this action

including the Technical Support

Document (TSD) are available for public

inspection during normal business

hours at the following locations.

Anyone wanting to examine these

documents should make an

appointment with the appropriate office

at least two working days in advance.

Environmental Protection Agency,

Region 6, Air Planning Section (6PD–L),

1445 Ross Avenue, Dallas, Texas 75202–

2733.

Texas Natural Resource Conservation

Commission, Office of Air Quality,

12124 Park 35 Circle, Austin, Texas

78753.

FOR FURTHER INFORMATION CONTACT: Mr.

Alan Shar, P.E., Air Planning Section

(6PD-L), EPA Region 6, 1445 Ross

Avenue, Dallas, Texas 75202–2733,

telephone (214) 665–6691.

Table of Contents

1. What action are we taking?

2. What are the April 30, 2000, SIP revision

requirements for the ‘‘Texas Water

Heater Rule?’

3. What source categories will the April 30,

2000, SIP revision for the B/PA area

affect?

4. What are the existing NOX emissions

specifications in the Texas NOX RACT

SIP?

5. What are the NOX emissions

specifications of the April 30, 2000, SIP

revision for the B/PA area?

6. What are nitrogen oxides?

7. What is a nonattainment area?

8. What are the Clean Air Act’s requirements

for controlling NOX emissions?

9. What are definitions of major sources for

NOX?

10. What is a State Implementation Plan?

11. What is the Federal approval process for

a SIP?

12. What does Federal approval of a SIP

mean to me?

13. What areas in Texas will this action

affect?

14. What does the Agreed Order between the

TNRCC and Aloca, Inc., require?

15. What does the Agreed Order between the

TNRCC and Eastman Chemical

Company, Texas Operations require?

SUPPLEMENTARY INFORMATION:

Throughout this document ‘‘we,’’ ‘‘us,’’

and ‘‘our’’ means EPA. Please note that

if we receive adverse comment(s) on an

amendment, paragraph, or section of

this rule and if that provision is

independent of the remainder of the

rule, we may adopt as final those

provisions of the rule that are not the

subject of an adverse comment.

1. What Action Are We Taking?

The EPA previously approved the

Texas NOX rules at 30 TAC, Chapter

117, ‘‘Control of Air Pollution From

Nitrogen Compounds’’ as the Texas NOX

RACT SIP for the H/GA, D/FW, and B/

PA 1-hour ozone nonattainment areas

on September 1, 2000 (65 FR 53172). On

April 30, 2000, the Governor of Texas

submitted rule revisions to the 30 TAC,

Chapter 117, ‘‘Control of Air Pollution

From Nitrogen Compounds,’’ as a

revision to the Texas NOX SIP for

certain major stationary point source

categories operating in the B/PA ozone

nonattainment area. Texas submitted

this SIP revision to us as a part of the

additional local NOX reductions needed

for the B/PA area to attain the 1-hour

ozone standard. These new rules set

revised emission specifications in the B/

PA area for electric utility boilers,

industrial, commercial or institutional

boilers, and certain process heaters. On

April 30, 2000, the Governor of Texas

also submitted rule revisions to the 30

TAC, Chapter 117, ‘‘Control of Air

Pollution From Nitrogen Compounds,’’

as a revision to the Texas NOX SIP

adding controls for another source

category—water heaters, small boilers,

and process heaters sold and installed

in Texas. Texas submitted this SIP

revision to us as a part of the NOX

reductions needed for the H/GA, D/FW,

and B/PA 1-hour ozone nonattainment

areas to demonstrate attainment, to

strengthen the existing Texas SIP, and to

show continued maintenance of the

standard in the rest of the State of

Texas. On April 30, 2000, the Governor

of Texas also submitted rule revisions to

the 30 TAC, Chapter 117, ‘‘Control of

Air Pollution From Nitrogen

Compounds,’’ as a revision to the Texas

NOX RACT SIP that were purely

administrative changes without any

substantive effects.

On April 30, 2000, the Governor of

Texas submitted to us two Agreed

Orders entered into between the State

and two companies in the eastern half

of Texas. Texas submitted this SIP

revision to us as a part of the additional

emission reductions needed for the H/

GA, D/FW, and B/PA 1-hour ozone

nonattainment areas to demonstrate

attainment, to strengthen the existing

Texas SIP, and to show continued

maintenance of the standard in the

eastern half of the State of Texas.

In this rulemaking we are taking four

separate actions. First, under part D of

the Act, we are specifically approving a