Federal Register / Vol. 65, No. 242 / Friday, December 15, 2000 / Proposed Rules 78439

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

proposed action 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 proposed Federal

action acts on 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. 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.

EPA believes that VCS are

inapplicable to today’s proposed action

because it does not require the public to

perform activities conducive to the use

of VCS.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Reporting and recordkeeping

requirements, Ozone, Particulate matter,

Volatile organic compounds.

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

Dated: December 5, 2000.

Felicia Marcus,

Regional Administrator, Region IX.

[FR Doc. 00–32025 Filed 12–14–00; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA 4096b; FRL–6578–1]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Approval of VOC and

NOX RACT Determinations for

Individual Source

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

revisions to the Commonwealth of

Pennsylvania’s State Implementation

Plan (SIP). The revisions establish and

require reasonably available control

technology (RACT) for 56 major sources

of volatile organic compounds (VOC)

and nitrogen oxides ( NOX) located in

Pennsylvania. In the Final Rules section

of this Federal Register, EPA is

approving the revisions as a direct final

rule without prior proposal because the

Agency views these as noncontroversial

submittals and anticipates no adverse

comments. A more detailed description

of the state submittals and EPA’s

evaluations are included in Technical

Support Documents (TSDs) prepared in

support of this rulemaking action.

Copies of the TSDs are available, upon

request, from the EPA Regional Office

listed in the ADDRESSES section of this

document. If no adverse comments are

received in response to this action, no

further activity is contemplated. If EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. EPA will

not institute a second comment period.

Any parties interested in commenting

on this action should do so at this time.

Please note that if adverse comment is

received on an amendment, paragraph,

or section of this rule and that provision

may be severed from the remainder of

the rule, EPA may adopt as final those

provisions of the rule that are not the

subject of an adverse comment.

DATES: Written comments must be

received by January 16, 2001.

ADDRESSES: Written comments on this

action should be addressed to Makeba

Morris, Chief, Permits and Technical

Assessment Branch, Air Protection

Division, Mailcode 3AP11, U.S.

Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air Protection Division,

U.S. Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103; and

the Pennsylvania Department of

Environmental Protection, Bureau of Air

Quality Control, P.O. Box 8468, 400

Market Street, Harrisburg, Pennsylvania

17105.

FOR FURTHER INFORMATION CONTACT: Ray

Chalmers at (215) 814–2061 for

information on sources #1 through #17,

Melik Spain at (215) 814–2299 for

information on sources #18 through #50,

or Helene Drago at (215) 814–5796 for

information on sources #51 through 56.

SUPPLEMENTARY INFORMATION: For

further information, please see the

information provided in the direct final

action, with the same title, that is

located in the ‘‘Rules and Regulations’’

section of this Federal Register

publication.

Editorial note: This document was

received at the Office of the Federal Register

on December 6, 2000.

Dated: March 23, 2000.

Bradley M. Campbell,

Regional Administrator, Region III.

[FR Doc. 00–31464 Filed 12–14–00; 8:45 am]

BILLING CODE 6560–50–P