21350 Federal Register / Vol. 65, No. 78 / Friday, April 21, 2000 / Rules and Regulations

(2) Section (Rule) 1150, adopted on

December 6, 1988.

* * * * *

(179) * * *

(i) * * *

(F) * * *

(2) Section (Rule) 431.5, adopted on

June 13, 1989.

* * * * *

(199) * * *

(i) * * *

(D) * * *

(7) Rule 4202, adopted on December

17, 1992.

* * * * *

(254) * * *

(i) * * *

(J) * * *

(2) Sections (Rules) 433, adopted on

July 15, 1997.

* * * * *

(268) * * *

(i) * * *

(C) Lake County Air Quality

Management District.

(1) Section (Rule) 226.5, adopted on

September 13, 1988.

* * * * *

[FR Doc. 00–9650 Filed 4–20–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[SIP NOS. MT–001–0012; MT–001–0013;

MT–001–0014; MT–001–0015 FRL–6582–4]

Approval and Promulgation of Air

Quality Implementation Plans;

Montana; Emergency Episode Plan,

Columbia Falls, Butte and Missoula

Particulate Matter State

Implementation Plans, Missoula

Carbon Monoxide State

Implementation Plan; Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule; correction.

SUMMARY: The EPA published in the

Federal Register on December 6, 1999,

a document that, among other things,

approved updates to Montana’s State

Implementation Plan (SIP) relating to

the Emergency Episode Plan; Columbia

Falls, Butte and Missoula Particulate

Matter [particulate matter with an

aerodynamic diameter less than or equal

to a nominal 10 micrometers (PM–10)]

SIPS; and the Missoula Carbon

Monoxide (CO) Plan. In the December 6,

1999, rule, EPA inadvertently

referenced an incorrect citation to

Missouri’s SIP in the Code of Federal

Regulations. EPA is correcting the

citation with this document.

EFFECTIVE DATE: This rule is effective on

April 21, 2000.

FOR FURTHER INFORMATION CONTACT:

Laurie Ostrand, EPA, Region VIII, (303)

312–6437.

SUPPLEMENTARY INFORMATION:

Throughout this document wherever

‘‘we,’’ or ‘‘our’’ are used we mean EPA.

Our December 6, 1999 (64 FR 68034)

rulemaking indicated that on November

3, 1995 (60 FR 55792) we approved

revisions to Montana’s prevention of

significant deterioration (PSD)

regulations. With the November 3, 1995

document we inadvertently codified the

revisions into 40 CFR 52.1320(c)(42) in

lieu of CFR 52.1370(c)(42). Our

December 6, 1999 document indicated

that we were removing these revisions

from 40 CFR 52.1320(c)(42) and adding

them to 40 CFR 52.1370(c)(42).

However, when we published the

December 6, 1999 rule, we did not

realize that on June 29, 1999 (64 FR

34717) 40 CFR 52.1320 had been

redesignated as 40 CFR 52.1322.

Therefore, our December 6, 1999

document should have removed 40 CFR

52.1322(c)(42) and not 40 CFR

52.1320(c)(42).

Section 553 of the Administrative

Procedure Act, 5 U.S.C. 553(b)(B),

provides that, when an agency for good

cause finds that notice and public

procedure are impracticable,

unnecessary or contrary to the public

interest, the agency may issue a rule

without providing notice and an

opportunity for public comment. We

have determined that there is good

cause for making today’s rule final

without prior proposal and opportunity

for comment because we are merely

correcting an incorrect citation in a

previous action. Thus, notice and public

procedure are unnecessary. We find that

this constitutes good cause under 5

U.S.C. 553(b)(B).

Administrative Requirements

Under Executive Order (E.O.) 12866

(58 FR 51735, October 4, 1993), this

action is not a ‘‘significant regulatory

action’’ and is therefore not subject to

review by the Office of Management and

Budget. Because the agency has made a

‘‘good cause’’ finding that this action is

not subject to notice-and-comment

requirements under the Administrative

Procedure Act or any other statute as

indicated in the Supplementary

Information section above, it is not

subject to the regulatory flexibility

provisions of the Regulatory Flexibility

Act (5 U.S.C 601 et seq.), or to sections

202 and 205 of the Unfunded Mandates

Reform Act of 1995 (UMRA) (Pub. L.

104–4). In addition, this action does not

significantly or uniquely affect small

governments or impose a significant

intergovernmental mandate, as

described in sections 203 and 204 of

UMRA. 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 governments, as specified by

Executive Order 13132 (64 FR 43255,

August 10, 1999). This rule also is not

subject to Executive Order 13045 (62 FR

19885, April 23, 1997), because it is not

economically significant.

This technical correction action does

not involve technical standards; 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. The rule also

does not involve special consideration

of environmental justice related issues

as required by Executive Order 12898

(59 FR 7629, February 16, 1994). 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, as

required by section 3 of Executive Order

12988 (61 FR 4729, February 7, 1996).

EPA has complied with Executive Order

12630 (53 FR 8859, March 15, 1998) 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

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. Section 808 allows

the issuing agency to make a rule

effective sooner than otherwise

provided by the CRA if the agency

makes a good cause finding that notice

and public procedure is impracticable,

unnecessary or contrary to the public

interest. This determination must be

supported by a brief statement. 5 U.S.C.

808(2). As stated previously, EPA had

made such a good cause finding,

Federal Register / Vol. 65, No. 78 / Friday, April 21, 2000 / Rules and Regulations 21351

including the reasons therefore, and

established an effective date of April 21,

2000. 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. This correction to

the identification of plan for Missouri is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

April 7, 2000.

Patricia D. Hull,

Acting Regional Administrator, Region VIII.

In rule FR Doc. 99–31536, published

on December 6, 1999 (64 FR 68034),

make the following corrections:

PART 52—[CORRECTED]

1. The authority citation for part 52

continues to read as follows:

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

Subpart AA—Missouri [Corrected]

2. On page 68038, in the third

column, 3 lines from the top of the

column, correct ‘‘§ 52.1320’’ to read

‘‘§ 52.1322’’.

3. On page 68038, in the third

column, in amendatory instruction 2,

correct ‘‘52.1320(c)(42)’’ to read

‘‘52.1322(c)(42)’’.

[FR Doc. 00–9926 Filed 4–20–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IN99–1a; FRL–6573–7]

Approval and Promulgation of

Implementation Plan; Indiana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to

particulate matter (PM) emissions

regulations for Dubois County, Indiana,

which the Indiana Department of

Environmental Management (IDEM)

submitted to EPA on February 3, 1999,

as amendments to its State

Implementation Plan (SIP). The

revisions include relaxation of some PM

limits, elimination of limits for boilers

which are no longer operating, updating

facility names, and changing some

boiler fuel types.

DATES: This rule is effective on June 20,

2000, unless EPA receives adverse

written comments by May 22, 2000. If

adverse comment is received, EPA will

publish a timely withdrawal of the rule

in the Federal Register and inform the

public that the rule will not take effect.

ADDRESSES: You should mail written

comments to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

You may inspect copies of the State

submittal and EPA’s analysis of it at:

Regulation Development Section, Air

Programs Branch (AR–18J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

David Pohlman, Environmental

Scientist, Regulation Development

Section, Air Programs Branch (AR–18J),

U.S. Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604, (312) 886–3299.

SUPPLEMENTARY INFORMATION:

Throughout this document wherever

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used we mean

EPA.

Table of Contents

I. What is the EPA Approving?

II. What Are the Changes From Current

Rules?

A. Sources Eliminated From the Rules

B. Source Name Revisions

C. Fuel Usage and Heat Input Changes

D. Revised or Added Limits

III. Air Quality Modeling Analysis

IV. What Are the Environmental Effects of

This Action?

V. EPA Rulemaking Action

VI. Administrative Requirements

A. Executive Order 12866

B. Executive Order 13045

C. Executive Order 13084

D. Executive Order 13132

E. Regulatory Flexibility

F. Unfunded Mandates

G. Submission to Congress and the

Comptroller General

H. National Technology Transfer and

Advancement Act

I. Petitions for Judicial Review

I. What Is the EPA Approving?

We are approving revised PM rules for

Dubois County, Indiana, which the

Indiana Department of Environmental

Management (IDEM) submitted to EPA

on February 3, 1999. The revisions

include relaxation of some PM limits,

elimination of limits for boilers which

are no longer operating, updating

facility names, and changing some

boiler fuel types. The submitted

revisions are contained in Title 326

Indiana Administrative Code, Article 6,

Rule 1, Section 9 (326 IAC 6–1–9).

II. What Are the Changes From Current

Rules?

A. Sources Eliminated From the Rules

IDEM eliminated Indiana Cabinet,

Dolly Madison Plant No. 3, Jasper Table,

Hoosier Desk, Jasper Turning boilers No.

1 and No. 2, Jasper Novelty Furniture

Plant No. 1, Jasper Novelty Furniture

Plant No. 2, Jasper Novelty Furniture

Plant No. 3 wood boiler, Jasper Cabinet

coal and wood boiler, and Jasper Veneer

boiler No. 3 from rule 326 IAC 6–1–9.

These sources have shut down.

B. Source Name Revisions

Indiana Chair is changed to Indiana

Dimension; Indiana Desk is changed to

Indiana Furniture Industries;

Huntingburg Wood Products is changed

to Styline Industries, Plant #8; Jasper

Laminates is changed to Jasper

Laminates, Plant #1—Division of

Kimball; Jasper Cabinets No. 2 is

changed to Jasper Cabinets Corporation;

Jasper Stylemasters 15th and Cherry is

changed to Artec; Jasper Office

Furniture is changed to Jasper Office

Furniture Co., Inc., Plant #1; Jasper

Turning is changed to Artec; Jasper

Novelty Furniture Plt. No. 3 is changed

to Jasper Furniture 30th St.; and Jasper

Cabinet is changed to Jasper Corp.-

Kimball International.

C. Fuel Usage and Heat Input Changes

The fuel for Jasper Laminates, Plant

#1—Division of Kimball boiler No. 1 is

changed from Wood-Oil-Waste Solvent

to Wood-Wood Waste, and its heat input

is changed from 23 MMBTU/hr to 20.5

MMBTU/hr. The fuel for Jasper

Laminates, Plant #1—Division of

Kimball boiler No. 2 is changed from Oil

to Natural Gas, and its heat input is

changed from 16 MMBTU/hr to 16.8

MMBTU/hr. The fuel for Jasper Cabinets

Corporation’s boiler is changed from

Coal to Wood, and the heat input is

changed from 3 MMBTU/hr to 5.3

MMBTU/hr. The heat input for Jasper

Wood Products’ Coal-Wood Boiler No. 1

is changed from 10 MMBTU/hr to 6

MMBTU/hr. The heat input for Jasper

Wood Products’ Coal-Wood Boiler No. 2

is changed from 10 MMBTU/hr to 6

MMBTU/hr. The heat input for Artec’s

Wood Chip Boiler is changed from 24

MMBTU/hr to 14 MMBTU/hr. The fuel

for Jasper Chair’s boiler is changed from

Coal to Wood, and its heat input is

changed from 6 MMBTU/hr to 18

MMBTU/hr.

D. Revised or Added Limits

The limits for Styline Industries, Plant

#8 are changed from 2.8 tons/yr to 9.0

tons/yr, and from 0.340 lbs/MMBTU to

0.60 lbs/MMBTU. The limits for Forest