21096 Federal Register / Vol. 66, No. 82 / Friday, April 27, 2001 / Rules and Regulations

Office prior to publication of the rule in

today’s 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(d) of the National

Technology Transfer and Advancement

Act of 1995 (‘‘NTTAA’’), Public Law

104–113, section 12(d) (15 U.S.C. 272

note) directs EPA to use voluntary

consensus standards in its regulatory

activities unless to do so would be

inconsistent with applicable law or

otherwise impractical. Voluntary

consensus standards are technical

standards (e.g., materials specifications,

test methods, sampling procedures, and

business practices) that are developed or

adopted by voluntary consensus bodies.

The NTTAA directs EPA to provide

Congress, through OMB, explanations

when the Agency decides not to use

available and applicable voluntary

consensus standards.

In approving or disapproving State

Plans under section 129 of the Clean Air

Act, EPA does not have the authority to

revise or rewrite the State’s rule, so the

Agency does not have authority to

require the use of particular voluntary

consensus standards. Accordingly, EPA

has not sought to identify or require the

State to use voluntary consensus

standards. Furthermore, Rhode Island’s

Plan incorporates by reference test

methods and sampling procedures for

existing HMIWI units already

established by the emissions guidelines

for HMIWIs at 40 CFR Part 60, Subpart

Ce, and does not establish new technical

standards for HMIWIs. Therefore, the

requirements of the NTTAA are not

applicable to this final rule.

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 June 26, 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

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), 42 U.S.C. 7607(b)(2). EPA

encourages interested parties to

comment in response to the proposed

rule rather than petition for judicial

review, unless the objection arises after

the comment period allowed for in the

proposal.

List of Subjects in 40 CFR Part 62

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Reporting and recordkeeping

requirements.

Dated: April 12, 2001.

Ira W. Leighton,

Acting Regional Administrator, EPA New

England.

40 CFR Part 62 of the Code of Federal

Regulations is amended as follows:

PART 62—[AMENDED]

1. The authority citation for Part 62

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart OO—Rhode Island

2. Subpart OO is amended by adding

a new § 62.9825 to read as follows:

§ 62.9825 Identification of Plan.

(a) Identification of Plan. Rhode

Island Plan for the Control of Designated

Pollutants from Existing Plants (Section

111(d) Plan).

(b) The plan was officially submitted

as follows:

(1) Control of air emissions from

existing hospital/medical/infectious

waste incinerators, submitted on August

2, 2000.

(2) [Reserved]

(c) Designated facilities. The plan

applies to existing facilities in the

following categories of sources:

(1) Hospital/medical/infectious waste

incinerators.

(2) [Reserved]

3. Subpart OO is amended by adding

a new § 62.9990 and a new

undesignated center heading to read as

follows:

Air Emissions From Existing Hospital/

Medical/Infectious Waste Incinerators

§ 62.9990 Identification of sources.

(a) The plan applies to the following

existing hospital/medical/infectious

waste incinerators that were still

operating as of the date of publication,

and to any other unit for which

construction commenced on or before

June 20, 1996:

(1) Eleanor Slater Hospital/Zambarano

Unit, Pascoag.

(2) Our Lady of Fatima Hospital,

North Providence.

(3) Rhode Island Hospital,

Providence.

(4) Roger Williams Hospital,

Providence.

(b) [Reserved].

[FR Doc. 01–10425 Filed 4–26–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IL197–1a; FRL–6970–6]

Approval and Promulgation of State

Implementation Plans; Illinois

AGENCY: Environmental Protection

Agency (USEPA).

ACTION: Direct final rule.

SUMMARY: The United States

Environmental Protection Agency

(USEPA) is approving a negative

declaration submitted by the State of

Illinois which indicates there is no need

for regulations covering the industrial

wastewater category in the Chicago

ozone nonattainment area. The Chicago

ozone nonattainment area includes

Cook County, DuPage County, Aux

Sable and Goose Lake Townships in

Grundy County, Kane County, Oswego

Township in Kendall County, Lake

County, McHenry County and Will

County. The State’s negative declaration

regarding industrial wastewater category

sources was submitted to USEPA in a

letter dated December 23, 1999.

DATES: This rule is effective on June 26,

2001, unless USEPA receives adverse

written comments by May 29, 2001. If

adverse comment is received, USEPA

will publish a timely withdrawal of the

rule in the Federal Register and inform

the public that the rule will not take

effect.

ADDRESSES: Written comments should

be sent to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), U.S.

Environmental Protection Agency, 77

West Jackson Boulevard, Chicago,

Illinois 60604.

A copy of the negative declaration is

available for inspection at the U.S.

Environmental Protection Agency,

Region 5, Air and Radiation Division, 77

West Jackson Boulevard, Chicago,

Illinois 60604. (Please telephone

Randolph O. Cano at (312) 886–6036

before visiting the Region 5 Office.)

FOR FURTHER INFORMATION CONTACT:

Randolph O. Cano, Environmental

Protection Specialist, Regulation

Development Section, Air Programs

Branch (AR–18J), USEPA, Region 5,

Chicago, Illinois 60604,(312) 886–6036.

SUPPLEMENTARY INFORMATION:

Throughout this document wherever

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

USEPA.

Table of Contents

I. What Is the background for this action?

Federal Register / Vol. 66, No. 82 / Friday, April 27, 2001 / Rules and Regulations 21097

II. Negative declarations and their

justification.

III. USEPA review of Illinois’ negative

declaration.

IV. Administrative requirements.

I. What Is the Background for This

Action?

Under the Clean Air Act (Act), as

amended in 1977, ozone nonattainment

areas are required to adopt emission

controls reflective of reasonably

available control technology (RACT) for

sources of volatile organic compound

(VOC) emissions. USEPA issued three

sets of control technique guidelines

(CTGs) documents, establishing a

‘‘presumptive norm’’ for RACT for

various categories of VOC sources. The

three sets of CTGs were (1) Group I—

issued before January 1978 (15 CTGs);

(2) Group II—issued in 1978 (9 CTGs);

and (3) Group III—issued in the early

1980’s (5 CTGs). Those sources not

covered by a CTG are called non-CTG

sources. USEPA determined that an

area’s State Implementation Plan (SIP)

approved attainment date established

which RACT rules the area needed to

adopt and implement. In those areas

where the State sought an extension of

the attainment date under section

172(a)(2) to as late as December 31,

1987, RACT was required for all CTG

sources and for all major (100 tons per

year or more of VOC emissions under

the pre-amended Act) non-CTG sources.

Illinois sought and received such an

extension for the Chicago area.

Section 182(b)(2) of the Act as

amended in 1990 requires States to

adopt RACT rules for all areas

designated nonattainment for ozone and

classified as moderate or above. There

are three parts to the section 182(b)(2)

RACT requirement: (1) RACT for

sources covered by an existing CTG—

i.e., a CTG issued prior to the enactment

of the amended Act of 1990; (2) RACT

for sources covered by a post-enactment

CTG; and, (3) all major sources not

covered by a CTG. These section

182(b)(2) RACT requirements are

referred to as the RACT ‘‘catch-up’’

requirements.

Section 183 of the amended Act

requires USEPA to issue CTGs for 13

source categories by November 15, 1993.

A CTG was published by this date for

the following source categories—

Synthetic Organic Chemical

Manufacturing Industry (SOCMI)

Reactors and Distillation, aerospace

manufacturing coating operation,

shipbuilding and ship repair coating

operations, and wood furniture coating

operations; however, the CTGs for the

remaining source categories have not

been completed. The amended Act

requires States to submit rules for

sources covered by a post-enactment

CTG in accordance with a schedule

specified in a CTG document.

The USEPA created a CTG document

as Appendix E to the General Preamble

for the Implementation of Title I of the

Clean Air Act Amendments of 1990. (57

FR 18070, 18077, April 28, 1992). In

Appendix E, USEPA interpreted the Act

to allow a State to submit a non-CTG

rule by November 15, 1992, or to defer

submittal of a RACT rule for sources

that the State anticipated would be

covered by a post-enactment CTG, based

on the list of CTGs USEPA expected to

issue to meet the requirement in section

183. Appendix E states that if USEPA

fails to issue a CTG by November 15,

1993 (USEPA failed to issue a CTG by

November 15, 1998 for 9 source

categories), the responsibility shifts to

the State to submit a non-CTG RACT

rule for those sources by November 15,

1994. In accordance with section

182(b)(2), implementation of that RACT

rule should occur by May 31, 1995.

II. Negative Declarations and Their

Justification

The USEPA does not require States to

develop plans or regulations to control

emissions from sources which are not

present in the nonattainment area. If it

is thought that this might be the case,

the State carefully examines its

emissions inventory and operating

permits before initiating the planning

and regulation development process. If

a careful examination of the emissions

inventory finds no sources for a

particular source category, then the

State prepares and submits to USEPA a

negative declaration stating there are no

sources in the nonattainment area for

that source category in lieu of

submitting a control strategy.

On December 23, 1999, the State of

Illinois submitted to USEPA a negative

declaration regarding the need for a

regulation covering the industrial

wastewater category in the Chicago

ozone non-attainment area. The State

indicated that in making this

determination, the Illinois

Environmental Protection Agency

(Illinois EPA) conducted a search of its

1996 Chicago inventory for any major

source potentially subject to USEPA’s

draft Control Techniques Guideline

(CTG) document for the ‘‘Control of

Volatile Organic Material Emissions

from Industrial Wastewater’’ [EPA–453/

D–93–056, September 1992]. The search

included the following industries:

petroleum refineries, the synthetic

organic chemical manufacturing

industry (SOCMI), organic chemicals,

plastics and synthetic fibers, pesticides,

pharmaceuticals, and hazardous waste

treatment, storage, and disposal

facilities. The Illinois EPA found only

three sources with industrial wastewater

operations that are major sources, i.e.,

with potential to emit more than 25 tons

per year of industrial wastewater

emissions. These three facilities are

Permcor, Mobile Joliet Refining

Corporation (Mobile) and Amoco

Chemical Corporation (Amoco).

Permcor is located in Cook County, and

Mobile and Amoco are located in Will

County.

Permcor and Mobil’s wastewater

operation emissions are subject to the

Federal rule covering benzene waste

operations applicable to petroleum

refineries, the Benzene National

Emissions Standards for Hazardous Air

Pollutants (Benzene NESHAP) which

was promulgated on January 7, 1993 (58

FR 3072) and codified at 40 CFR part 61,

subpart FF. Permcor and Mobile are also

subject to the wastewater operation

control requirements under petroleum

refinery NESHAP which was

promulgated on August 18, 1995 (60 FR

43244) and codified at 40 CFR part 61,

subpart CC. If benzene applicability

cutoffs are exceeded, the emission

control requirements of these

regulations are at least as stringent as

the requirements suggested by the draft

CTG as RACT.

Amoco Chemical is a facility whose

wastewater operations are covered by

Subpart G of the Hazardous Organic

NESHAP (HON) for SOCMI sources. The

Federal regulation was promulgated on

April 22, 1994 (59 FR 19402), and

contains wastewater provisions that

apply to the facility’s process and

maintenance wastewater from the point

of generation to the treatment

operations. Similar to those standards

applicable to petroleum refineries, the

SOCMI HON’s emission control

requirements are at least as stringent as

the requirements suggested by the draft

CTG.

In addition to the above indicated

Federal standards, Illinois has generic

RACT regulations that cover major

sources with maximum theoretical

emissions of 25 tons per year or greater

and not already covered by a specific

RACT regulation. Specifically, 35

Illinois Administrative Code (35 Ill.

Adm. Code) Part 218, Subpart TT does

not apply to any such sources of

wastewater collection and treatment.

Other existing regulations applicable to

wastewater collection operations are 35

Ill. Adm. Code Part 218, Subpart G,

which covers any emission unit that

emits photochemically reactive material

to the atmosphere and 35 Ill. Adm. Code

Part 218.443, which specifically

21098 Federal Register / Vol. 66, No. 82 / Friday, April 27, 2001 / Rules and Regulations

regulates oil and water separators from

petroleum refineries.

Illinois issued operating permits for

the sources listed above which contain

permit conditions that reflect the

applicability cutoffs and emissions

standards for wastewater collection and

treatment operations in the above

mentioned NESHAP. As a result of these

NESHAP requirements, Amoco and

Mobile are adequately controlled.

Permcor has been shut down since early

in 2001.

III. USEPA Review of Illinois’ Negative

Declaration.

USEPA has examined the State’s

negative declaration regarding the lack

of need for a regulation controlling

emissions from industrial wastewater

located in the Chicago ozone

nonattainment area. USEPA agrees there

are no unregulated industrial

wastewater sources in the Chicago

ozone nonattainment area which would

require the adoption of rules to control

this source category. If a new source

chooses to locate in this area, they

would be required to comply with new

source review requirements.

USEPA is publishing this action

without prior proposal because USEPA

views this as a noncontroversial

revision and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, USEPA is proposing to

approve the State Plan should adverse

written comments be filed. This action

will be effective without further notice

unless USEPA receives relevant adverse

written comment by May 29, 2001.

Should USEPA receive such comments,

it will publish a final rule informing the

public that this action will not take

effect. Any parties interested in

commenting on this action should do so

at this time. If no such comments are

received, the public is advised that this

action will be effective on June 26, 2001.

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).

This rule also does not have a

substantial direct effect on one or more

Indian tribes, on the relationship

between the Federal Government and

Indian tribes, or on the distribution of

power and responsibilities between the

Federal Government and Indian tribes,

as specified by Executive Order 13175

(65 FR 67249, November 9, 2000), nor

will it 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,

USEPA’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),

USEPA has no authority to disapprove

a SIP submission for failure to use VCS.

It would thus be inconsistent with

applicable law for USEPA, 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, USEPA has taken

the necessary steps to eliminate drafting

errors and ambiguity, minimize

potential litigation, and provide a clear

legal standard for affected conduct.

USEPA 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. USEPA 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). This

rule will be effective June 26, 2001

unless USEPA receives adverse written

comments by May 29, 2001.

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 26, 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

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,

Administrative practice and procedure,

Air pollution control, Hydrocarbons,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Dated: April 17, 2001.

David A. Ullrich

Acting Regional Administrator, Region 5.

For the reasons stated in the

preamble, 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.

Federal Register / Vol. 66, No. 82 / Friday, April 27, 2001 / Rules and Regulations 21099

Subpart O—Illinois

§ 2. Section 52.726 is amended by adding

paragraph (aa) to read as follows:

§ 52.726 Control strategy: Ozone.

* * * * *

(aa) Negative declaration—Industrial

wastewater category. On December 23,

1999, the State of Illinois certified to the

satisfaction of the United States

Environmental Protection Agency that

no major sources categorized as part of

the Industrial Wastewater Category are

located in the Chicago ozone

nonattainment area. The Chicago ozone

nonattainment area includes Cook

County, DuPage County, Aux Sable and

Goose Lake Townships in Grundy

County, Kane County, Oswego

Township in Kendall County, Lake

County, McHenry County and Will

County.

[FR Doc. 01–10427 Filed 4–26–01; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

Changes in Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Final rule.

SUMMARY: Modified base (1% annual

chance) flood elevations are finalized

for the communities listed below. These

modified elevations will be used to

calculate flood insurance premium rates

for new buildings and their contents.

EFFECTIVE DATES: The effective dates for

these modified base flood elevations are

indicated on the following table and

revise the Flood Insurance Rate Map(s)

in effect for each listed community prior

to this date.

ADDRESSES: The modified base flood

elevations for each community are

available for inspection at the office of

the Chief Executive Officer of each

community. The respective addresses

are listed in the following table.

FOR FURTHER INFORMATION CONTACT:

Matthew B. Miller, P.E., Chief, Hazards

Study Branch, Mitigation Directorate,

500 C Street SW., Washington, DC

20472, (202) 646–3461, or (e-mail)

matt.miller@fema.gov.

SUPPLEMENTARY INFORMATION: The

Federal Emergency Management Agency

makes the final determinations listed

below of the final determinations of

modified base flood elevations for each

community listed. These modified

elevations have been published in

newspapers of local circulation and

ninety (90) days have elapsed since that

publication. The Associate Director for

Mitigation has resolved any appeals

resulting from this notification.

The modified base flood elevations

are not listed for each community in

this notice. However, this rule includes

the address of the Chief Executive

Officer of the community where the

modified base flood elevation

determinations are available for

inspection.

The modifications are made pursuant

to Section 206 of the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4105,

and are in accordance with the National

Flood Insurance Act of 1968, 42 U.S.C.

4001 et seq., and with 44 CFR Part 65.

For rating purposes, the currently

effective community number is shown

and must be used for all new policies

and renewals.

The modified base flood elevations

are the basis for the floodplain

management measures that the

community is required to either adopt

or to show evidence of being already in

effect in order to qualify or to remain

qualified for participation in the

National Flood Insurance Program

(NFIP).

These modified elevations, together

with the floodplain management criteria

required by 44 CFR 60.3, are the

minimum that are required. They

should not be construed to mean that

the community must change any

existing ordinances that are more

stringent in their floodplain

management requirements. The

community may at any time enact

stricter requirements of its own, or

pursuant to policies established by other

Federal, State, or regional entities.

These modified elevations are used to

meet the floodplain management

requirements of the NFIP and are also

used to calculate the appropriate flood

insurance premium rates for new

buildings built after these elevations are

made final, and for the contents in these

buildings.

The changes in base flood elevations

are in accordance with 44 CFR 65.4.

National Environmental Policy Act

This rule is categorically excluded

from the requirements of 44 CFR Part

10, Environmental Consideration. No

environmental impact assessment has

been prepared.

Regulatory Flexibility Act

The Associate Director for Mitigation

certifies that this rule is exempt from

the requirements of the Regulatory

Flexibility Act because modified base

flood elevations are required by the

Flood Disaster Protection Act of 1973,

42 U.S.C. 4105, and are required to

maintain community eligibility in the

NFIP. No regulatory flexibility analysis

has been prepared.

Regulatory Classification

This final rule is not a significant

regulatory action under the criteria of

section 3(f) of Executive Order 12866 of

September 30, 1993, Regulatory

Planning and Review, 58 FR 51735.

Executive Order 12612, Federalism

This rule involves no policies that

have federalism implications under

Executive Order 12612, Federalism,

dated October 26, 1987.

Executive Order 12778, Civil Justice

Reform

This rule meets the applicable

standards of section 2(b)(2) of Executive

Order 12778.

List of Subjects in 44 CFR Part 65

Flood insurance, Floodplains,

Reporting and recordkeeping

requirements.

Accordingly, 44 CFR Part 65 is

amended to read as follows:

PART 65—[AMENDED]

1. The authority citation for part 65

continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.;

Reorganization Plan No. 3 of 1978, 3 CFR,

1978 Comp., p. 329; E.O. 12127, 44 FR 19367,

3 CFR, 1979 Comp., p. 376.

§ 65.4 [Amended]

2. The tables published under the

authority of § 65.4 are amended as

follows:

State and county Location

Dates and name of

newspaper where notice was published

Chief executive officer of communityEffective date of

modification

Community

No.

Arizona: