76938 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Rules and Regulations

not listed as the next of kin provides

evidence that he or she privately

purchased the outer burial receptacle,

the allowance will be paid instead to

that person). No application is required

to receive payment of a monetary

allowance.

(e) Amount of the allowance. (1) For

calendar year 2000 and each calendar

year thereafter, the allowance will be

the average cost, as determined by VA,

of Government-furnished graveliners,

less the administrative costs incurred by

VA in processing and paying the

allowance.

(i) The average cost of Governmentfurnished graveliners will be based

upon the actual average cost to the

Government of such graveliners during

the most recent fiscal year ending prior

to the start of the calendar year for

which the amount of the allowance will

be used. This average cost will be

determined by taking VA’s total cost

during that fiscal year for single-depth

graveliners which were procured for

placement at the time of interment and

dividing it by the total number of such

graveliners procured by VA during that

fiscal year. The calculation shall

exclude both graveliners procured and

pre-placed in gravesites as part of

cemetery gravesite development projects

and all double-depth graveliners.

(ii) The administrative costs incurred

by VA will consist of those costs that

relate to processing and paying an

allowance, as determined by VA, for the

calendar year ending prior to the start of

the calendar year for which the amount

of the allowance will be used.

(2) For calendar year 2000 and each

calendar year thereafter, the amount of

the allowance for each calendar year

will be published in the ‘‘Notices’’

section of the Federal Register. The

Federal Register Notice will also

provide, as information, the determined

average cost of Government-furnished

graveliners and the determined amount

of the administrative costs to be

deducted.

(3) The published allowance amount

for interments which occur during

calendar year 2000 will also be used for

payment of any allowances for

interments which occurred during the

period from October 9, 1996 through

December 31, 1999.

(Authority: 38 U.S.C. 2306(d)).

[FR Doc. 00–31289 Filed 12–7–00; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[AL–054–200027(a); FRL–6910–6]

Approval and Promulgation of

Implementation Plans: Revision to the

Alabama Department of Environmental

Management (ADEM) Administrative

Code for the Air Pollution Control

Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving

revisions to the Alabama Department of

Environmental Management’s (ADEM)

Administrative Code submitted on

August 10, 2000, by the State of

Alabama. The revisions comply with the

regulations set forth in the Clean Air Act

(CAA). Included in this document are

revisions to clarify the definition of

‘‘New Source,’’ delete outdated rule

335–3–4–.08(4), revise rule 335–3–14–

.05(2)(i) to be consistent with the

Federal requirements for the Review of

New Sources and Modifications, and

change the numbering system to comply

with the Alabama Administrative

Procedures Act.

DATES: This direct final rule is effective

February 6, 2001, without further

notice, unless EPA receives adverse

comment by January 8, 2001. If adverse

comment is received, EPA 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: All comments should be

addressed to: Sean Lakeman at the EPA,

Region 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303.

Copies of documents relative to this

action are available at the following

addresses for inspection during normal

business hours:

Air and Radiation Docket and

Information Center (Air Docket

6102), U.S. Environmental

Protection Agency, 401 M Street,

SW., Washington, DC 20460.

Environmental Protection Agency,

Region 4, Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303–8960.

Alabama Department of Environmental

Management, 400 Coliseum

Boulevard, Montgomery, Alabama

36110–2059.

FOR FURTHER INFORMATION CONTACT:

Sean Lakeman, Regulatory Planning

Section, Air Planning Branch, Air,

Pesticides and Toxics Management

Division, Region 4, Environmental

Protection Agency, Atlanta Federal

Center, 61 Forsyth Street, SW, Atlanta,

Georgia 30303. The telephone number is

(404)562–9043. Mr. Lakeman can also

be reached via electronic mail at

lakeman.sean@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Analysis of State’s Submittal

On August 10, 2000, the State of

Alabama through ADEM submitted

revisions to chapters 335–3–1, 2, 3, 4, 5,

6, 9, 12, 14, 15, and 16. In chapter 335–

3–1 the definition of ‘‘New Source’’ is

being clarified to indicate that it is not

applicable to the definitions of new

source in chapters 335–3–10 Standards

of Performance for New Stationary

Sources and chapter 11 National

Emission Standard for Hazardous Air

Pollutants, which are not part of the

federally enforceable state

implementation plan (SIP).

ADEM combined rule 335–3–5–.03(5)

and 335–3–5–.03(6) to be consistent

with Alabama Administrative

Procedures Act, and revised rule 335–3–

14–.05(2)(i) to be consistent with 40

CFR 51, subpart I. ADEM deleted rule

335–3–4–.08(4) pertaining to emissions

from wood waste boilers at pulp mills

in Autauga County. International Paper

(formally Union Camp) operates the

only pulp mill in Autauga County

which has been upgraded and no longer

requires a bubble. The Union Camp

boilers are subject to other emission

limits in the federally approved SIP.

ADEM revised the numbering system

in chapters 335–3–1, 2, 3, 4, 5, 6, 9, 12,

14, 15, and 16 to comply with

numbering system required by the

Legislative Reference Service under

Alabama Administrative Procedures

Act.

II. Final Action

EPA is approving the aforementioned

change to the State of Alabama’s SIP

because they are consistent with the

CAA and EPA policy. The EPA is

publishing this rule without a prior

proposal because the Agency views this

as a noncontroversial submittal and

anticipates no adverse comments.

However, in the proposed rules section

of this Federal Register publication,

EPA is publishing a separate document

that will serve as the proposal to

approve the SIP revision if adverse

comments are filed. This rule will be

effective February 6, 2001, without

further notice unless the Agency

receives adverse comments by January

8, 2001.

If the EPA receives such comments,

then EPA will publish a document

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Rules and Regulations 76939

withdrawing the final rule and

informing the public that the rule will

not take effect. All public comments

received will then be addressed in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period.

Parties interested in commenting should

do so at this time. If no such comments

are received, the public is advised that

this rule will be effective on February 6,

2001 and no further action will be taken

on the proposed rule.

IV. 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.

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. 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).

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 6, 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

will 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, Lead,

Intergovernmental relation, Reporting

and record keeping requirements.

Dated: November 8, 2000.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

Chapter I, title 40, 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 B—Alabama

2. Section 52.50(c) is amended:

a. Under Chapter No. 335–3–1 by

revising entries ‘‘Section 335–3–1-.02’’

and ‘‘Section 335–3–1-.08.’’

b. Under Chapter No. 335–3–2 by

revising entry ‘‘Section 335–3–2-.02.’’

c. Under Chapter No. 335–3–3 by

revising entries ‘‘Section 335–3–3-.01’’

and ‘‘Section 335–3–3-.03.’’

d. Under Chapter No. 335–3–4 by

revising entries ‘‘Section 335–3–4-.08’’

and ‘‘Section 335–3–4-.09.’’

e. Under Chapter No. 335–3–5 by

revising entries ‘‘Section 335–3–5-.03’’

and ‘‘Section 335–3–5-.04.’’

f. Under Chapter No. 335–3–6 by

revising entries ‘‘Section 335–3–6-.06’’

and ‘‘Section 335–3–6-.16.’’

g. Under Chapter No. 335–3–9, the

second entry for ‘‘Section 335–3–9–.01’’

is redesignated as ‘‘Section 335–3–9–

.02’’ and revised; the existing entry for

‘‘Section 335–3–9–.02’’ is redesignated

as ‘‘Section 335–3–9–.03’’, and revised;

and the entry ‘‘Section 335–3–9–.06’’ is

revised.

h. Chapter 335–3–3–14 is

redesignated as Chapter 335–3–14.

i. Under Chapter No. 335–3–14 by

deleting entries ‘‘Section 335–3–14-

.04(ff-gg)’’ and ‘‘Section 335–3–14-

.04(8)(m).’’

j. Under Chapter No. 335–3–14 by

revising entries ‘‘Section 335–3–14-.03,’’

‘‘Section 335–3–14–04’’ and ‘‘Section

335–3–14-.05.’’

k. Under Chapter No. 335–3–15 by

revising entry ‘‘Section 335–3–15-.02.’’

§ 52.50 Identification of plan.

* * * * *

(c) * * *

76940 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Rules and Regulations

EPA APPROVED ALABAMA REGULATIONS

State citation Title subject Adoption date

EPA

approval

date

Federal register notice

Chapter No. 335–3–1—General Provisions

*******

Section 335–3–1–1–.02 ............... Definitions .................................... August 10, 2000 ........ 12/8/00 65 FR 76940

*******

Section 335–3–1–.08 ................... Prohibition of Air Pollution ........... August 10, 2000 ........ 12/8/00 65 FR 76940

*******

Chapter No. 335–3–2—Air Pollution Emergency

*******

Section 335–3–2–.02 ................... Episode Criteria ........................... August 10, 2000 ........ 12/8/00 65 FR 76940

*******

Chapter No. 335–3–3—Control of Open Burning and Incineration

Section 335–3–3–.01 ................... Open Burning .............................. August 10, 2000 ........ 12/8/00 65 FR 76940

*******

Section 335–3–3–.03 ................... Incineration of Wood, Peanut,

and Cotton Ginning Waste.

August 10, 2000 ........ 12/8/00 65 FR 76940

Chapter No. 335–3–4—Control of Particulare Emissions

*******

Section 335–3–4–.08 ................... Wood Waste Boilers .................... August 10, 2000 ........ 12/8/00 65 FR 76940

Section 335–3–4–.09 ................... Coke Ovens ................................. August 10, 2000 ........ 12/8/00 65 FR 76940

*******

Chapter No. 335–3–5—Control of Sulfur Compound Emissions

*******

Section 335–3–5–.03 ................... Petroleum Production .................. August 10, 2000 ........ 12/8/00 65 FR 76940

Section 335–3–5–.04 ................... Kraft Pulp Mills ............................ August 10, 2000 ........ 12/8/00 65 FR 76940

*******

Chapter No. 335–3–6—Control of Organic Emissions

*******

Section 335–3–6–.06 ................... Bulk Gasoline Terminals ............. August 10, 2000 ........ 12/8/00 65 FR 76940

*******

Section 335–3–6–.16 ................... Test Methods and Procedures .... August 10, 2000 ........ 12/8/00 65 FR 76940

******

Chapter No. 335–3–9—Control of Emissions from Motor Vehicles

*******

Section 335–3–9–.02 ................... Ignition System and Engine

Speed.

August 10, 2000 ........ 12/8/00 65 FR 76940

Section 335–3–9–.03 ................... Crankcase Ventilation Systems ... August 10, 2000 ........ 12/8/00 65 FR 76940

*******

Section 335–3–9–.06 ................... Other Prohibited Acts .................. August 10, 2000 ........ 12/8/00 65 FR 76940

Chapter No. 335–3–14—Air Permits

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Rules and Regulations 76941

EPA APPROVED ALABAMA REGULATIONS—Continued

State citation Title subject Adoption date

EPA

approval

date

Federal register notice

*******

Section 335–3–14–.03 ................. Standards for Granting Permits ... August 10, 2000 ........ 12/8/00 65 FR 76940

Section 335–3–14–.04 ................. Air Permits Authorizing Construction in Clean Air Areas (Prevention of Significant Deterioration Permitting (PSD)).August 10, 2000 ........ 12/8/00 65 FR 76940

Section 335–3–14–.05 ................. Air Permits Authorizing Construction in or Near Nonattainment

Areas.

August 10, 2000 ........ 12/8/00 65 FR 76940

*******

Chapter No. 335–3–15—Synthetic Minor Operating Permits

*******

Section 335–3–15–.02 ................. General Provisions ...................... August 10, 2000 ........ 12/8/00 65 FR 76940

*******

* * * * *

[FR Doc. 00–30635 Filed 12–7–00; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–6913–9]

RIN 2060–A177

National Emission Standards for

Aerospace Manufacturing and Rework

Facilities

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; amendments.

SUMMARY: On September 1, 1995, we

promulgated the National Emission

Standards for Aerospace Manufacturing

and Rework Facilities. On January 24,

2000, we proposed to amend the

standards to include a separate emission

limit for exterior primers used for large

commercial aircraft at existing facilities

that produce fully assembled, large

commercial aircraft. This action

finalizes those proposed amendments.

In addition, we are making a minor

correction to the monitoring

requirements section of the aerospace

emission standards. The amendment

helps correct regulatory language that

erroneously made reference to a list of

requirements for initial compliance

demonstrations when using incinerators

and carbon adsorbers.

EFFECTIVE DATE: December 8, 2000.

ADDRESSES: Docket No. A–92–20

contains supporting information used in

developing the standards. The docket is

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.

Jaime Paga ́n, Policy, Planning, and

Standards Group, Emission Standards

Division (MD–13), U.S. Environmental

Protection Agency, Research Triangle

Park, North Carolina 27711, telephone

number (919) 541–5340, facsimile (919)

541–0942, electronic mail address

pagan.jaime@epa.gov.

SUPPLEMENTARY INFORMATION:

Regulated Entities

Categories and entities potentially

affected by this action include:

Category ....................... SICa ......... NAICS b ... Regulated entities.

Industry ........................ 3721 ......... 336411 .... Facilities which are major source of hazardous air pollutants and manufacture large

commercial aircraft.

aStandard Industrial Classification.

bNorth American Information Classification System.

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

regulated by this action. This table lists

the types of entities that we are now

aware could potentially be regulated by

this action. Other types of entities not

listed in the table could also be

regulated. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed in the preceding FOR FURTHER

INFORMATION CONTACT section.

Technical Support Document

A summary of the public comments

received on the proposed amendments

and our response to those comments is

included in a memorandum in the

docket for this rule (Docket No. A–92–

20). The title of the memorandum is

‘‘Summary of Comments and Responses

for the Proposed Amendments to the

Aerospace Manufacturing and Rework

Facilities NESHAP.’’

Judicial Review

Under section 307(b) of the Clean Air

Act (CAA), judicial review of these final

amendments is available only by filing

a petition for review in the United

States Court of Appeals for the District

of Columbia Circuit by February 6,