Federal Register / Vol. 66, No. 86 / Thursday, May 3, 2001 / Rules and Regulations 22123

documentation under figure 2–1,

paragraph 34(g) of Commandant

Instruction M16475.lC. The

environmental analysis checklist and

Categorical Exclusion Determination

will be prepared and submitted after

establishment of this temporary security

zone, and will be available in the

docket. This temporary rule only

ensures the protection of Naval assets

and the uninterrupted use of the area for

scheduled Naval operations. Standard

Coast Guard manatee and turtle watch

measures will be in effect during Coast

Guard patrols of the security zone.

Deep-water routes will be used where

practical. Lookouts will be posted to

avoid collision with turtles and

manatees. If a collision occurs,

notification will be made to the U.S.

Fish & Wildlife Service at Boqueron,

Puerto Rico (787–851–7297). The

Categorical Exclusion Determination

will be available in the docket for

inspection or copying where indicated

under ADDRESSES.

Indian Tribal Governments

This rule does not have tribal

implications under Executive Order

13175, Consultation and Coordination

with Indian Tribal Governments,

because it 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.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and record keeping

requirements, Security measures,

Waterways.

Temporary regulation: For the reasons

discussed in the preamble, the Coast

Guard amends 33 CFR part 165 as

follows:

PART 165—[AMENDED]

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191,

33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5;

49 CFR 1.46.

2. A new temporary § 165.T07–033 is

added to read as follows:

§ 165.T07–033 Security Zone; Vieques

Island, PR.

(a) Location. The following area is

established as a Security Zone: An area

of water and land measured from the

mean high water line off the naval

reservation, along the east end of

Vieques Island extending from Cabellos

Colorados (18°-09.82′ N, 065°-23.45′ W)

due northeast 4 nautical miles to

position 18°-12.0′ N, 065°-20.0′ W, then

easterly around Vieques Island,

remaining 3 nautical miles from the

coast, to a point 3 nautical miles south

of Cayo Jalovita (18°-06.83′ N, 065°-

21.25′ W ) at 18°-03.6′ N, 065°20.33′ W

then northwest to a baseline position of

18°-05.42′ N, 065°-26.0′ W at Puerto

Mosquito, including the rocks, cays, and

small islands within.

(b) Regulations. (1) In accordance

with the general regulations in § 165.33

of this part:

(i) No person or vessel may enter or

remain in this zone without the

permission of the District Commander

or designated representatives,

(ii) All persons within this zone shall

obey any direction or order of the

District Commander or designated

representatives,

(iii) The District Commander or

designated representatives may take

possession and control of any vessel in

this zone,

(iv) The District Commander or

designated representatives may remove

any person, vessel, article or thing from

this zone,

(v) No person may board, or take or

place any article or thing on board, any

vessel in this zone without the

permission of the District Commander

or designated representatives; and,

(vi) No person may take or place any

article or thing upon any waterfront

facility in this security zone without the

permission of the District Commander

or designated representatives.

(2) The District Commander or

designated representatives may grant

permission for individual vessels to

enter or remain within this security

zone when permitted by operational

conditions and may place conditions

upon that permission. Vessels permitted

to enter or remain in this zone must

radio the patrol commander upon

entering and departing the zone.

(c) Enforcement. Vessels or persons

violating this section are subject to the

penalties set out in 50 U.S.C. 192 and

18 U.S.C. 3571:

(1) Seizure and forfeiture of the

vessel;

(2) A monetary penalty of not more

than $250,000; and

(3) Imprisonment for not more than 10

years.

(d) Dates. This section is effective

from 3 p.m., April 26, 2001 until 11:59

p.m. April 30, 2001.

(e) Authority. In addition to the

authority in part 165, this section is also

authorized under authority of Executive

Order 10173, as amended.

Dated: April 26, 2001.

G.W. Sutton,

Captain, U.S. Coast Guard, Commander,

Seventh Coast Guard District Acting.

[FR Doc. 01–11153 Filed 5–2–01; 8:45 am]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA143–4115a; FRL–6973–4]

Approval and Promulgation of Air

Quality Implementation Plans;

Commonwealth of Pennsylvania;

Reasonably Available Control

Technology Requirements for Volatile

Organic Compounds and Nitrogen

Oxides

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is removing the

conditional status of its approval of the

Commonwealth of Pennsylvania State

Implementation Plan (SIP) revision that

requires all major sources of volatile

organic compounds (VOCs) and

nitrogen oxides (NOX) to implement

reasonably available control technology

(RACT). Pennsylvania has satisfied the

condition imposed in EPA’s conditional

limited approval published on March

23, 1998 (63 FR 13789). The intended

effect of this action is to remove the

conditional nature of EPA’s approval of

Pennsylvania’s VOC and NOX RACT

Regulation. The regulation retains its

limited approval status. Conversion of

the Pennsylvania VOC and NOX RACT

Regulation from limited to full approval

will occur when EPA has approved the

case-by-case RACT determinations

submitted by Pennsylvania.

DATES: This rule is effective on June 18,

2001 without further notice, unless EPA

receives adverse written comment by

June 4, 2001. If EPA receives such

comments, it 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: Written comments should

be mailed to David L. Arnold, Chief, Air

Quality Planning and Information

Services Branch, Mailcode 3AP21, 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,

22124 Federal Register / Vol. 66, No. 86 / Thursday, May 3, 2001 / Rules and Regulations

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103, and

the Pennsylvania Department of

Environmental Protection, Bureau of Air

Quality, P.O. Box 8468, 400 Market

Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:

Ellen Wentworth, (215) 814–2034, at the

EPA Region III address above, or by email at wentworth.ellen@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On March 23, 1998 (63 FR 13789),

EPA granted a conditional limited

approval of the Pennsylvania SIP that

established and required all major

sources of VOCs and NOX to implement

RACT. This approval was granted on the

condition that Pennsylvania must, by no

later than April 22, 1999, certify that (1)

it had submitted case-by-case RACT

proposals for all sources subject to the

RACT requirements currently known to

the Pennsylvania Department of

Environmental Protection (PADEP), or

(2) demonstrate that the emissions from

any remaining subject sources

represented a de minimis level of

emissions as defined in the rulemaking

document.

On April 22, 1999, the PADEP

submitted a letter certifying that it had

met the terms and conditions imposed

by EPA in its March 23, 1998

conditional limited approval of its VOC

and NOX RACT regulations by

submitting 485 case by case VOC/NOX

RACT determinations as SIP revisions.

EPA concurs that Pennsylvania’s April

22, 1999 certification satisfies the

condition imposed in its conditional

limited approval published on March

23, 1998. EPA is, therefore, removing

the conditional status of its approval of

Pennsylvania’s VOC and NOX RACT

regulation. The regulation retains its

limited approval status. Conversion to

full approval will occur when EPA has

approved the case-by-case RACT

determinations submitted by PADEP.

II. EPA Action

EPA is removing the conditional

status of its approval of Pennsylvania’s

VOC and NOX RACT Regulation. The

regulation will retain limited approval

status until EPA has approved the caseby-case RACT SIP revisions proposals

submitted by PADEP. This action is

being published without prior proposal

because we view this as a

noncontroversial amendment and

because we anticipate no adverse

comments. In a separate document in

the ‘‘Proposed Rules’’ section of this

Federal Register publication, we are

proposing to remove the conditional

status of the approval of the

Pennsylvania’s VOC and NOX RACT

Regulation. This action will be effective

without further notice unless we receive

relevant adverse comment by June 4,

2001. If we receive such comment, we

will publish a timely withdrawal in the

Federal Register informing the public

that the rule will not take effect. We will

address all public comments in a

subsequent final rule based on the

proposed rule. Any parties interested in

commenting must do so at this time. If

no such comments are received by June

4, 2001, you are advised that this

section will be effective on June 18,

2001.

III. Administrative Requirements

A. General 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, 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.).

B. 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. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

C. 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 July 2, 2001.

Filing a petition for reconsideration by

the Administrator of the removal of the

conditional status of EPA’s approval of

Pennsylvania’s VOC and NOX RACT

Federal Register / Vol. 66, No. 86 / Thursday, May 3, 2001 / Rules and Regulations 22125

regulation 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, Nitrogen dioxide,

Ozone, Reporting and record keeping

requirements.

Dated: April 24, 2001.

William C. Early,

Acting Regional Administrator, Region III.

40 CFR part 52 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 NN—Pennsylvania

§ 52.2026 [Amended]

2. In § 52.2026, paragraph (f) is

removed and reserved.

[FR Doc. 01–10984 Filed 5–2–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[TN 240–1–200103a; FRL–6974–6]

Clean Air Act Approval and

Promulgation of the Redesignation of

Shelby County, Tennessee, to

Attainment for Lead

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving the request

to redesignate Shelby County,

Tennessee, from nonattainment to

attainment for the lead primary national

ambient air quality standard (NAAQS).

The request was submitted on February

15, 2001, by the Memphis and Shelby

County Health Department (MSCHD)

through the Tennessee Department of

Environment and Conservation (TDEC).

DATES: This direct final rule is effective

July 2, 2001 without further notice,

unless EPA receives adverse comment

by June 4, 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: Kimberly Bingham 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:

• Environmental Protection Agency,

Region 4, Air Planning Branch, 61

Forsyth Street, SW., Atlanta, Georgia

30303–8960.

• Tennessee Air Pollution Control

Board, 9th Floor, L & C Annex, 401

Church Street, Nashville, Tennessee

37243–1531.

• Memphis and Shelby County

Health Department, 814 Jefferson

Avenue, Memphis, Tennessee 38105.

FOR FURTHER INFORMATION CONTACT:

Kimberly Bingham, 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)562–9038. Ms. Bingham can also

be reached via electronic mail at

bingham.kimberly@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

Section 107(d)(5) of the Clean Air Act

(CAA) provides for areas to be

designated as attainment,

nonattainment, or unclassifiable with

respect to the lead NAAQS. Governors

are required to submit recommended

designations for areas within their

states. When an area is designated

nonattainment, the state must prepare

and submit a SIP that meets the

requirements of sections 110(a)(2) and

172(c) of the CAA demonstrating how

the area will be brought into attainment.

The EPA designated the portion of

Memphis in Shelby County, Tennessee,

around the Refined Metals, Inc.,

secondary lead smelter as a lead

nonattainment area on January 6, 1992.

This nonattainment designation was

based on lead NAAQS violations

recorded by monitors near the Refined

Metals Corporation facility in 1990 and

1991.

During the second quarter of 1998,

another violation of the lead NAAQS

occurred in the Shelby County

nonattainment area. Subsequently, the

MSCHD issued a notice of violation

giving Refined Metals, Inc., options to

surrender all of its permits or pay a fine

and conduct extensive remodeling of

the facility. Refined Metals, Inc., chose

to surrender all of its permits and

shutdown permanently on December 22,

1998. Since the facility permanently

closed, there has not been any violation

of the lead NAAQS. On February 15,

2001, MSCHD through the State of

Tennessee submitted a request to

redesignate the Shelby County area to

attainment for lead.

II. Analysis of the Redesignation

Request

Section 107(d)(3)(E) of the CAA, as

amended in 1990, sets forth the

requirements that must be met for a

nonattainment area to be redesignated to

attainment. It states that an area can be

redesignated to attainment if the

following conditions are met.

1. The EPA has determined that the

lead NAAQS has been attained.

2. The State has met all applicable

requirements for the area under section

110 and part D, and the implementation

plan has been fully approved by EPA

under section 110(k).

3. The EPA has determined that the

improvement in air quality is due to

permanent and enforceable reductions

in emissions.

4. The EPA has fully approved a

maintenance plan, including a

contingency plan, for the area under

section 175A.

The following is a description of how

each requirement has been achieved.

1. Attainment of the Lead NAAQS

To demonstrate that the Shelby

County area is in attainment with the

lead NAAQS, MSCHD submitted air

quality data from the third quarter of

1998 through 2000. There has not been

any violation of the lead standard since

Refined Metals, Inc. shutdown on

December 22, 1998. This amount of

monitoring data (more than eight

consecutive quarters at the present time)

without a violation of the lead standard

is adequate to demonstrate attainment of

the lead NAAQS. Modeling may also be

required to redesignate an area to

attainment. The EPA believes that

because there are no lead sources in the

area since Refined Metals, Inc., shut

down, a modeling analysis is not

needed.

2. The State Has Met All Applicable

Requirements for the Area Under

Section 110 and Part D, and the

Implementation Plan Has Been Fully

Approved by EPA Under Section 110(k).

To be redesignated to attainment,

section 107(d)(3)(E) requires that an area

must have met all applicable

requirements of sections 110(k),

110(a)(2), and part D of the CAA. The

EPA has determined that the lead SIP

for the Shelby County area that was

approved on September 20, 2000, meets