Federal Register / Vol. 65, No. 76 / Wednesday, April 19, 2000 / Rules and Regulations 20905

IMMIGRANTS—Continued

Symbol Class Section of law

SK3 Certain Unmarried Sons or Daughters of an International Organization or NATO Employee ................ 101(a)(27)(I)(i)

& 101(a)(27)(L).

SK4 Certain Surviving Spouses of Deceased International Organization or NATO Employee ...................... 101(a)(27)(I)(ii)

& 101(a)(27)(L).

*******

Dated: March 6, 2000.

Mary A. Ryan,

Assistant Secretary of State for Consular

Affairs, U.S. Department of State.

[FR Doc. 00–9104 Filed 4–18–00; 8:45 am]

BILLING CODE 4710–06–P

DEPARTMENT OF THE TREASURY

Fiscal Service

31 CFR Part 247

RIN 1510–AA44

Regulations Governing FedSelect

Checks

AGENCY: Financial Management Service,

Fiscal Service, Treasury.

ACTION: Final rule; removal.

SUMMARY: The Financial Management

Service (FMS) is removing Part 247 from

Title 31 of the Code of Federal

Regulations. This Part governs the use of

FedSelect checks by Federal agencies in

making certain Federal payments. The

Debt Collection Improvement Act of

1996 (DCIA) and implementing

regulations require that most Federal

payments be made electronically after

January 1, 1999. The increased use of

electronic funds transfer (EFT) has

resulted in lower check volumes and

reduced Federal agency reliance on nonEFT payment mechanisms. Due to the

decrease in check volume and the

availability of low cost alternatives to

FedSelect, such as third party drafts,

FMS has determined that FedSelect is

no longer a cost-effective mechanism for

making certain Federal government

payments and is terminating the

program on March 31, 2000.

EFFECTIVE DATE: This removal of 31 CFR

Part 247 is effective April 19, 2000.

FOR FURTHER INFORMATION CONTACT:

Matthew Helfrich, Financial Program

Specialist, at (202) 874–6754; Sally

Phillips, Senior Financial Program

Specialist, at (202) 874–7106; Cynthia L.

Johnson, Director, Cash Management

Policy and Planning Division, at (202)

874–6590; or James Regan, AttorneyAdvisor, at (202) 874–6680.

SUPPLEMENTARY INFORMATION: On May

16, 1995, FMS published a final rule

codified at 31 CFR Part 247 governing

the use of FedSelect checks for paying

certain obligations of Federal agencies

[60 FR 25993]. The final rule included

procedural instructions for using

FedSelect checks and defined the rights

and liabilities of the United States,

Federal Reserve Banks, banks, and

others in connection with FedSelect

checks. FedSelect checks were

developed for use by Federal agencies

for ‘‘on-demand’’ payment needs. On

September 25, 1998, FMS published a

final rule in the Federal Register (63 FR

51490), Management of Federal Agency

Disbursements, codified at 31 CFR part

208 (EFT rule), implementing certain

requirements of the DCIA, Pub. L. 104–

134, chap. 10, 110 stat. 1321–358. The

EFT rule requires Federal agencies to

make most payments by EFT after

January 1, 1999.

Because this rule relates to a payment

system for Federal agencies, notice and

comment are not required pursuant to 5

U.S.C. 553(a)(2) and (b)(A). Moreover,

notice and comment are contrary to the

public interest because the prompt

removal of the current FedSelect

regulations will result in savings to

taxpayers without adversely affecting

federal payments. For these reasons,

good cause is found pursuant to 5 U.S.C.

553(d)(3) to make removal of the

FedSelect regulations immediately

effective. Because notice and comment

are not required, the provisions of the

Regulatory Flexibility Act (5 U.S.C. 601)

do not apply. Finally, this rule is not a

significant regulatory action for

purposes of Executive Order 12866.

The number of Treasury-disbursed,

non-tax refund payments made by EFT

rose from 55% in FY 1995 to 75% by

the close of FY 1999. The number of

check payments over this period have

decreased correspondingly. Moreover,

cost-effective alternatives to FedSelect

have emerged, such as third party drafts

and government purchase card

convenience checks. Due to the decrease

in check volume and the growing use of

more cost-effective alternatives by

Federal agencies, the FedSelect program

will be terminated on March 31, 2000.

PART 247—[REMOVED]

For the reasons set out above, 31 CFR

Part 247 is removed.

Authority: 31 U.S.C. 3321, 3325, and 3327.

Richard L. Gregg,

Commissioner.

[FR Doc. 00–9755 Filed 4–18–00; 8:45 am]

BILLING CODE 4810–35–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region II Docket No. NY40–2–209, FRL–

6573–1]

Approval and Promulgation of

Implementation Plans; New York;

Nitrogen Oxides Budget and

Allowance Trading Program

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: The Environmental Protection

Agency (EPA) is announcing approval of

New York’s State Implementation Plan

(SIP) revision for ozone. This SIP

revision relates to New York’s portion of

the Ozone Transport Commission’s

September 27, 1994 Memorandum of

Understanding, which includes a

regional nitrogen oxides budget and

allowance (NOX Budget) trading

program that will significantly reduce

NOX emissions generated within the

Ozone Transport Region, which

includes New York State. EPA is

approving New York’s regulations,

which implement Phase II of the NOX

Budget Trading Program, since they

reduce NOX emissions and help achieve

the national ambient air quality

standard for ozone.

DATES: This rule is effective on May 19,

2000.

ADDRESSES: Copies of the State

submittal and supporting documents are

available for inspection during normal

business hours, at the following

addresses:

Environmental Protection Agency,

Region II Office, Air Programs Branch,

20906 Federal Register / Vol. 65, No. 76 / Wednesday, April 19, 2000 / Rules and Regulations

290 Broadway, 25th Floor, New York,

New York 10007–1866.

New York State Department of

Environmental Conservation, Division

of Air Resources, 50 Wolf Road,

Albany, New York 12233.

FOR FURTHER INFORMATION CONTACT:

Richard Ruvo, Air Programs Branch,

Environmental Protection Agency, 290

Broadway, 25th Floor, New York, New

York 10007–1866, (212) 637–4014.

SUPPLEMENTARY INFORMATION: 

Overview

The EPA is approving the New York

State Department of Environmental

Conservation’s (New York’s) Nitrogen

Oxides Budget and Allowance (NOX

Budget) Trading Program for 1999, 2000,

2001 and 2002.

The following table of contents

describes the format for this

SUPPLEMENTARY INFORMATION section:

Overview

EPA’s Action

What Action is EPA Approving?

Why is EPA Approving this Action?

When Did EPA Propose to Approve New

York’s Program?

What are the Public’s Comments on EPA’s

Proposal?

What is the Ozone Transport Commission’s

Memorandum of Understanding?

Where is Additional Information Available

on EPA’s Action?

Conclusion

Administrative Requirements

EPA’s Action

What Action Is EPA Approving?

The EPA is approving a revision to

New York’s Ozone State

Implementation Plan (SIP) which New

York submitted on April 29, 1999. This

SIP revision relates to New York’s NOX

Budget Trading Program, also referred to

as Phase II. New York’s regulations

which implement the NOX Budget

Trading Program are:

• New Subpart 227–3, ‘‘Pre-2003

Nitrogen Oxides Emissions Budget

and Allowance Program’’

• Guidance for Implementation of

Emissions Monitoring

Requirements for the NOX Budget

Program, January 28, 1997

• NOX Budget Program Monitoring

Certification and Reporting

Requirements, July 3, 1997

• Electronic Data Reporting, Acid

Rain Program/NOX Budget Program,

July 3, 1997

• Amended Part 200, ‘‘General

Provisions’’

• Amended Subpart 227–1,

‘‘Stationary Combustion

Installations’’ and

• Amended Subpart 227–2,

‘‘Reasonably Available Control

Technology (RACT) for Oxides of

Nitrogen (NOX).’’

Part 200 contains general provisions

applicable to New York’s Title 6

regulations. Part 200 includes

definitions and references to other

applicable documents, guidelines and

methodologies that a source should

consult when meeting requirements of

specific New York regulations. New

York originally incorporated these

documents when New York proposed

and adopted the regulations themselves.

Part 200 lists these documents for

reference along with where anyone can

obtain them.

EPA is approving those provisions of

part 200 needed for the purposes of

enforcing the SIP, as well as for

enforcing New York’s NOX Budget

Trading Program. Specifically, EPA is

approving sections 200.1 ‘‘Definitions,’’

section 200.6 ‘‘Acceptable ambient air

quality,’’ section 200.7 ‘‘Maintenance of

equipment,’’ and most of section 200.9

‘‘Referenced material.’’

EPA has previously discussed its

approval of the state definitions in

section 200.1 in prior actions which

approved specific New York regulations

that relied on the definitions, such as

parts 218 and 227–3. Section 200.1

contains a definition of ‘‘federally

enforceable’’ which EPA accepts with

the following understanding: (1) the

definition applies to provisions of a

Title V permit that are correctly

identified as federally enforceable, and

(2) a source accepts operating limits and

conditions to lower its potential to emit

to become a minor source, not to

‘‘avoid’’ any applicable requirement.

New York should clarify this definition

in the future.

EPA is not incorporating sections

200.2 ‘‘Safeguarding information,’’ 200.3

‘‘False statement,’’ 200.4 ‘‘Severability,’’

200.5 ‘‘Sealing,’’ and 200.8 ‘‘Conflict of

interest’’ because EPA can take

enforcement actions related to one of

these sections under its own

corresponding federal regulations.

EPA is approving and including

section 200.9 in the table in 40 CFR

52.1679 of EPA approved regulations for

the benefit of the regulated community.

Section 200.9 incorporates by reference

specific federal and state laws and

regulations including the three

emissions monitoring guidance

documents referenced above. Most of

these were previously approved in past

rulemakings. EPA is not approving the

federal laws and regulations

incorporated by reference in section

200.9 because they are already federally

enforceable.

Section 200.10 lists regulations

promulgated by the EPA. Since these

regulations are already federally

enforceable EPA is not incorporating

them into the SIP. EPA is not including

section 200.10 in the table in 40 CFR

52.1679.

Why Is EPA Approving This Action?

EPA is approving this action to:

• Fulfill New York’s and EPA’s

requirements under the Clean Air

Act (the Act)

• Make New York’s NOX Budget

Trading Program federallyenforceable, and

• Make the significant NOX emission

reductions available for credit

toward the attainment SIP.

When Did EPA Propose To Approve

New York’s Program?

On October 14, 1999, EPA published

in the Federal Register (64 FR 55667) a

Proposed Rulemaking to approve New

York’s regulations as a SIP revision and

providing for a 30-day public comment

period, which ended on November 15,

1999.

What Are the Public’s Comments on

EPA’s Proposal?

EPA received no public comments

regarding the Proposed Rulemaking.

What Is the Ozone Transport

Commission’s Memorandum of

Understanding?

The Ozone Transport Commission

(OTC) adopted a Memorandum of

Understanding (MOU) on September 27,

1994, which committed the signatory

states to the development and proposal

of a region-wide reduction in NOX

emissions, with one phase of reductions

by 1999 and another phase of reductions

by 2003. The Act required RACT to

reduce NOX emissions by May of 1995.

The OTC MOU obligated further

reductions in NOX emissions by 1999

(known as Phase II) and by 2003 (known

as Phase III).

Where Is Additional Information

Available on EPA’s Action?

A detailed discussion of this program

is available in the October 14, 1999

Proposed Rulemaking (64 FR 55667). A

Technical Support Document, prepared

in support of the proposed rulemaking,

contains the full description of New

York’s submittal and EPA’s evaluation.

A copy of the Technical Support

Document is available upon request

from the EPA Regional Office listed in

the ADDRESSES section.

Conclusion

EPA is approving New York’s

program which implements the Ozone

Federal Register / Vol. 65, No. 76 / Wednesday, April 19, 2000 / Rules and Regulations 20907

Transport Commission’s September 27,

1994 Memorandum of Understanding

(Phase II). The EPA is approving, as part

of the SIP, the new regulation, Subpart

227–3, and amendments to the sections

as discussed of the regulations part 200,

subpart 227–1 and subpart 227–2,

which implement Phase II of the NOX

Budget Trading Program. EPA is

approving these regulations, submitted

by New York on April 29, 1999, as part

of the SIP.

Administrative Requirements

Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order 12866,

entitled ‘‘Regulatory Planning and

Review.’’

Executive Order 13132

Federalism (64 FR 43255, August 10,

1999) revokes and replaces Executive

Orders 12612 (Federalism) and 12875

(Enhancing the Intergovernmental

Partnership). Executive Order 13132

requires EPA to develop an accountable

process to ensure ‘‘meaningful and

timely input by State and local officials

in the development of regulatory

policies that have federalism

implications.’’ ‘‘Policies that have

federalism implications’’ is defined in

the Executive Order to include

regulations that 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.’’ Under

Executive Order 13132, EPA may not

issue a regulation that has federalism

implications, that imposes substantial

direct compliance costs, and that is not

required by statute, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by State and local

governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. EPA also may not issue a

regulation that has federalism

implications and that preempts State

law unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation. This final 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, 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.

Thus, the requirements of section 6 of

the Executive Order do not apply to this

rule.

Executive Order 13045

Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997),

applies to any rule that: (1) is

determined to be ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

This rule is not subject to Executive

Order 13045 because it does not involve

decisions intended to mitigate

environmental health or safety risks.

Executive Order 13084

Under Executive Order 13084, EPA

may not issue a regulation that is not

required by statute, that significantly

affects or uniquely affects the

communities of Indian tribal

governments, and that imposes

substantial direct compliance costs on

those communities, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments. If the mandate is

unfunded, EPA must provide to the

Office of Management and Budget, in a

separately identified section of the

preamble to the rule, a description of

the extent of EPA’s prior consultation

with representatives of affected tribal

governments, a summary of the nature

of their concerns, and a statement

supporting the need to issue the

regulation.

In addition, Executive Order 13084

requires EPA to develop an effective

process permitting elected and other

representatives of Indian tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.’’ Today’s rule does not

significantly or uniquely affect the

communities of Indian tribal

governments. Accordingly, the

requirements of section 3(b) of

Executive Order 13084 do not apply to

this rule.

Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

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).

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

20908 Federal Register / Vol. 65, No. 76 / Wednesday, April 19, 2000 / Rules and Regulations

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.

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).

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.

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 June 19, 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,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Dated: March 28, 2000.

William J. Muszynksi,

Acting Regional Administrator, Region 2.

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 HH—New York

2. Section 52.1670 is amended by

adding new paragraph (c)(95) to read as

follows:

§ 52.1670 Identification of plan.

* * * * *

(c) * * *

* * * * *

(95) A revision to the State

Implementation Plan submitted on

April 29, 1999 by the New York State

Department of Environmental

Conservation that establishes the NOX

Budget Trading Program.

(i) Incorporation by reference:

(A) Regulation Subpart 227–3 of Title

6 of the New York Code of Rules and

Regulations, entitled ‘‘Pre-2003 Nitrogen

Oxides Emissions Budget and

Allowance Program’’ adopted on

January 12, 1999, and effective on

March 5, 1999.

(B) Amendments to Title 6 of the New

York Code of Rules and Regulations,

Part 200, ‘‘General Provisions,’’ Subpart

227–1, ‘‘Stationary Combustion

Installations,’’ and Subpart 227–2,

‘‘Reasonably Available Control

Technology (RACT) for Oxides of

Nitrogen (NOX)’’ adopted on January 12,

1999, and effective on March 5, 1999.

(ii) Additional information:

(A) Letter from the New York

Department of Environmental

Conservation dated April 29, 1999,

submitting the NOX Budget Trading

Program as a revision to the New York

State Implementation Plan for ozone.

(B) Guidance for Implementation of

Emissions Monitoring Requirements for

the NOX Budget Program, dated January

28, 1997.

(C) NOX Budget Program Monitoring

Certification and Reporting

Requirements, dated July 3, 1997.

(D) Electronic Data Reporting, Acid

Rain/NOX Budget Program, dated July 3,

1997.

3. In § 52.1679, the table is amended

as follows:

A. By revising the entry for Part 200;

B. By removing the entry for ‘‘Part

227, Stationary Combustion

Installations (except as noted)’’;

C. By removing the entry for ‘‘Part

227, Stationary Combustion

Installations/section 27.2(b)(1)’’; and

D. By adding a new entry for ‘‘Part

227, Stationary Combustion

Installations’’;

E. By adding a new entries for

subparts 227–1, 227–2, and 227–3 to

read as follows:

The revised and added entries read as

follows:

§ 52.1679 EPA—approved New York

regulations.

New York State regulation

State

effective

date

Latest EPA

approval date Comments

Part 200, General Provisions sections 200.1, 200.6,

200.7 and 200.9.

3/5/99 [4/19/00 and FR

page citation].

Redesignation of non-attainment areas to attainment

areas (200.1(av)) does not relieve a source from

compliance with previously applicable requirements

as per letter of Nov. 13, 1981 from H. Hovey,

NYSDEC.

Changes in definitions are acceptable to EPA unless

a previously approved definition is necessary for

implementation of an existing SIP regulation.

Federal Register / Vol. 65, No. 76 / Wednesday, April 19, 2000 / Rules and Regulations 20909

1This area is comprised of counties in Northern

New Jersey, downstate New York and Southwestern

Connecticut. The Connecticut portion of the area

was redesignated to attainment on March 10, 1999

at 64 FR 12005. The remainder of the area is still

designated nonattainment.

New York State regulation

State

effective

date

Latest EPA

approval date Comments

EPA is including the definition of ‘‘federally enforceable’’ with the understanding that (1) the definition

applies to provisions of a Title V permit that are

correctly identified as federally enforceable, and (2)

a source accepts operating limits and conditions to

lower its potential to emit to become a minor

source, not to ‘‘avoid’’ applicable requirements.

EPA is approving incorporation by reference of those

documents that are not already federally enforceable.

*******

Part 227, Stationary Combustion Installations [1972

version]/section 227.2(b)(1).

5/1/72 9/22/72 ...................

37 FR 19814 ..........

Part 227, Stationary Combustion Installations ............. ................ ................................ Existing Part 227 is renumbered Subpart 227–1.

Subpart 227–1, Stationary Combustion Installations ... 3/5/99 [4/19/00 and FR

page citation].

Renumbered sections 227–1.2(a)(2), 227–1.4(a), and

227–1.4(d) continue to be disapproved according to

40 CFR 52.1678(d) and 52.1680(a). (New York repealed existing Part 227.5.)

Subpart 227–2, Reasonably Available Control Technology (RACT) for Oxides of Nitrogen (NOX)/sections 227–2.3(h), 227–2.5(b), 227–2.5(e), and 227–

2.6.

3/5/99 [4/19/00 and FR

page citation].

EPA is including sections 227–2.3(h), 227–2.5(b),

227–2.5(e), and 227–2.6 as part of the SIP for purposes of the NOX Budget Trading Program. EPA

will act on the remaining sections of 227–2 in a future rulemaking.

Subpart 227–3, Pre-2003 Nitrogen Oxides Emissions

Budget and Allowance Program.

3/5/99 [4/19/00 and FR

page citation].

Approval of NOX Budget Trading Program for 1999,

2000, 2001 and 2002. To meet its attainment demonstration commitments and the interstate MOU,

New York will need to amend their regulations to

establish the NOX caps in the State during 2003

and beyond.

*******

[FR Doc. 00–9544 Filed 4– 18–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region 2 Docket No. NY41–210; FRL–6572–

9]

Approval and Promulgation of Air

Quality Implementation Plans; New

York; Approval of Carbon Monoxide

State Implementation Plan Revision;

Removal of the Oxygenated Gasoline

Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is approving a State

Implementation Plan (SIP) revision

submitted by the State of New York on

August 30, 1999. That revision removes

New York’s oxygenated gasoline

program as a carbon monoxide control

measure from the State’s SIP. EPA is

approving that revision because EPA

has also determined that the New

York—Northern New Jersey—Long

Island carbon monoxide nonattainment

area has attained the carbon monoxide

National Ambient Air Quality

Standards.

EFFECTIVE DATE: This rule will be

effective May 19, 2000.

ADDRESSES: Copies of the state submittal

are available at the following addresses

for inspection during normal business

hours:

Environmental Protection Agency,

Region 2 Office, Air Programs Branch,

290 Broadway, 25th Floor, New York,

New York 10007–1866

New York State Department of

Environmental Conservation, 50 Wolf

Road, Albany, New York 12233

FOR FURTHER INFORMATION CONTACT:

Michael P. Moltzen, Air Programs

Branch, 290 Broadway, 25th Floor, New

York, NY 10007–1866, (212) 637–3710.

SUPPLEMENTARY INFORMATION: EPA is

determining that the New York—

Northern New Jersey—Long Island

carbon monoxide (CO) nonattainment

area 1 has attained the health-related CO

National Ambient Air Quality Standards

(NAAQS). EPA is also determining that

New York’s winter-time oxygenated

gasoline (oxyfuel) program is no longer

needed to ensure that air quality levels

remain healthful. As a consequence of

these determinations, EPA is approving

a State Implementation Plan (SIP)

revision submitted by the State of New

York on August 30, 1999. That revision

removes New York’s oxyfuel program as

a CO control measure from the State’s

CO SIP. It has been determined that the

program is no longer necessary to keep

ambient CO concentrations below the

CO NAAQS. For additional detail

regarding this determination, the reader

is referred to the proposal for today’s

action, published in the October 8, 1999

Federal Register (64 FR 54851).

Additional detail regarding that

determination can also be found in

EPA’s proposed and final rules

removing oxyfuel in New Jersey, which

are published in the September 9, 1999

Federal Register (64 FR 48970) and the

November 22, 1999 Federal Register (64

FR 63690), respectively. In addition,

EPA’s direct final action approving the

removal of the oxyfuel program in

Connecticut can be found in the

December 1, 1999 Federal Register (64

FR 67188). It should be noted that there

were no adverse comments associated

with the proposed removal of the

winter-time oxyfuel program in New

York State.

EPA intends to propose action on the

remainder of New York’s August 30,

1999 CO SIP revision in a separate

notice which will be published in the

Federal Register shortly. Neither New