27032 Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Rules and Regulations

Subpart AA—Missouri

2. In § 52.1320(c) the table is amended

under Chapter 6 by adding in numerical

order the entry for ‘‘10–6.280’’ to read

as follows:

§ 52.1320 Identification of plan.

* * * * *

(c) * * *

EPA—APPROVED MISSOURI REGULATIONS

Missouri

citation Title

State

effective

date

EPA approval date Explanation

Missouri Department of Natural Resources

*******

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of

Missouri

*******

10–6.280 Compliance Monitoring Usage ................................................................ 12/30/94 May 16, 2001

66 FR 27032

*******

* * * * *

[FR Doc. 01–12356 Filed 5–15–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[FRL–6978–8]

Approval of Section 112(l) Authority for

Hazardous Air Pollutants; Equivalency

by Permit Provisions; National

Emission Standards for Hazardous Air

Pollutants From the Pulp and Paper

Industry; State of New Hampshire

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: Pursuant to section 112(l) of

the Clean Air Act (CAA), New

Hampshire Department of

Environmental Services (NH DES)

requested approval to implement and

enforce State permit terms and

conditions that substitute for the

National Emission Standards for

Hazardous Air Pollutants from the Pulp

and Paper Industry and the National

Emissions Standards for Hazardous Air

Pollutants for Chemical Recovery

Combustion Sources at Kraft, Soda,

Sulfite and Stand-Alone Semi-chemical

Pulp Mills. The Environmental

Protection Agency (EPA) has reviewed

this request and has found that it

satisfies all of the requirements

necessary to qualify for approval. Thus,

EPA is hereby granting NH DES the

authority to implement and enforce

alternative requirements in the form of

title V permit terms and conditions after

EPA has approved the state’s alternative

requirements.

DATES: This rule is effective on July 16,

2001 without further notice, unless EPA

receives adverse comments by June 15,

2001. If EPA receives such comment,

then it will publish a timely withdrawal

in the Federal Register informing the

public that this rule will not take effect.

ADDRESSES: Written comments must be

submitted to Steven Rapp, Manager, Air

Permits Program Unit, Office of

Ecosystem Protection (mail code CAP)

at the EPA New England office listed

below. Copies of NH DES’s request for

approval are available for public

inspection at the following locations:

U.S. Environmental Protection Agency,

EPA-New England, Office of

Ecosystem Protection, One Congress

Street, Suite 1100, Boston, MA

02114–2023.

New Hampshire Department of

Environmental Services, Air

Resources Division, 6 Hazen Drive,

Concord, NH 03302–0095.

FOR FURTHER INFORMATION CONTACT:

Susan Lancey, Office of Ecosystem

Protection, U.S. Environmental

Protection Agency, EPA-New England,

One Congress Street, Suite 1100, Boston,

MA 02114–2023, Telephone: (617) 918–

1656.

SUPPLEMENTARY INFORMATION:

I. Background

On April 15, 1998, the Environmental

Protection Agency (EPA) promulgated

the National Emission Standards for

Hazardous Air Pollutants from the Pulp

and Paper Industry (see 63 FR 18617),

which has been codified in 40 CFR part

63, subpart S, ‘‘National Emission

Standards for Hazardous Air Pollutants

from the Pulp and Paper Industry’’

(Pulp and Paper MACT I).

Subsequently, on January 12, 2001, EPA

promulgated the National Emission

Standard for Hazardous Air Pollutants

from the Pulp and Paper Industry (see

66 FR 3180) which has been codified in

40 CFR part 63, subpart MM, ‘‘National

Emission Standards for Chemical

Recovery Combustion Sources at Kraft,

Soda, Sulfite and Stand-Alone

Semichemical Pulp Mills’ (Pulp and

Paper MACT II). The only sources

currently subject to subpart S and

subpart MM in New Hampshire are

Groveton Paper Board Inc. of Groveton,

NH (Groveton) and Pulp & Paper of

America, LLC of Berlin, NH (Pulp &

Paper of America). On January 23, 2001, New Hampshire

Department of Environmental Services

(NH DES) requested delegation of

subpart S and subpart MM under

§ 63.94 for both Groveton and Pulp &

Paper of America. EPA received the

request on January 30, 2001. NH DES

requested to implement and enforce

approved alternative title V permit

terms and conditions in place of the

otherwise applicable requirements of

subpart S and subpart MM under the

process outlined in 40 CFR 63.94. As

part of its request to implement and

enforce approved alternative title V

permit terms and conditions in place of

the otherwise applicable Federal section

112 standards, NH DES also requested

approval of its demonstration that NH

DES has adequate authorities and

resources to implement and enforce all

Clean Air Act (CAA) section 112

programs and rules. The purpose of this

demonstration is to streamline the

approval process for future CAA section

112(l) applications.

II. EPA Action

Under CAA section 112(l), EPA may

approve state or local rules or programs

to be implemented and enforced in

place of certain otherwise applicable

CAA section 112 Federal rules, emission

standards, or requirements. The Federal

regulations governing EPA’s approval of

state and local rules or programs under

section 112(l) are located at 40 CFR part

63, subpart E (see 65 FR 55810, dated

September 14, 2000). Under these

regulations, a local air pollution control

agency has the option to request EPA’s

approval to substitute alternative

Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Rules and Regulations 27033

requirements and authorities that take

the form of permit terms and conditions

instead of source category-specific

regulations. This option is referred to as

the equivalency by permit (EBP) option.

To receive EPA approval using this

option, the requirements of 40 CFR

63.91 and 63.94 must be met.

The EBP process comprises three

steps. The first step (see 40 CFR 63.94(a)

and (b)) is the ‘‘up-front approval’’ of

the state EBP program. The second step

(see 40 CFR 63.94(c) and (d)) is EPA

review and approval of the state

alternative section 112 requirements in

the form of pre-draft permit terms and

conditions. The third step (see 40 CFR

63.94(e)) is incorporation of the

approved pre-draft permit terms and

conditions into specific title V permit

and the title V permit issuance process

itself. The final approval of the state

alternative requirements that substitute

for the Federal standard does not occur

for purposes of the Act, section

112(l)(5), until the completion of step

three.

The purpose of step one, the ‘‘up-front

approval’’ of the EBP program, is three

fold: (1) It ensures that NH DES meets

the 63.91(b) criteria for up-front

approval common to all approval

options; (2) it provides a legal

foundation for NH DES to replace the

otherwise applicable Federal section

112 requirements with alternative,

federally enforceable requirements that

will be reflected in final title V permit

terms and conditions; and (3) it

delineates the specific sources and

Federal emission standards for which

NH DES will be accepting delegation

under the EBP option.

Under § 63.94(b) and § 63.91, NH’s

request for approval is required to

include the identification of the sources

and the source categories for which the

state is seeking authority to implement

and enforce alternative requirements, as

well as a one time demonstration that

the State has an approved title V

operating permit program that permits

the affected sources. After reviewing the

request for approval of NH DES’s EBP

program for subpart S and subpart MM,

EPA has determined that this request

meets all the requirements necessary to

qualify for approval under CAA section

112(l) and 40 CFR 63.91 and 63.94.

Accordingly, EPA approves NH DES’s

request to implement and enforce

alternative requirements in the form of

title V permit terms and conditions for

Groveton and Pulp & Paper of America

for subpart S and subpart MM. The

requirement applicable to the sources

and the ‘‘applicable requirement’’ for

title V purposes remains the Federal

section 112 requirement until EPA has

approved the alternative permit terms

and conditions and the final title V

permit is issued.

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

has exempted this regulatory action

from Executive Order 12866, entitled

‘‘Regulatory Planning and Review.’’

This rule is not subject to Executive

Order 13045, entitled, ‘‘Protection of

Children from Environmental Health

Risks and Safety Risks,’’ because it is

not an ‘‘economically significant’’ action

under Executive Order 12866.

B. Executive Order 13175

Executive Order 13175, entitled

‘‘Consultation and Coordination with

Indian Tribal Governments’’ (65 FR

67249, November 6, 2000), requires EPA

to develop an accountable process to

ensure ‘‘meaningful and timely input by

tribal officials in the development of

regulatory policies that have tribal

implications.’’ ‘‘Policies that have tribal

implications’’ is defined in the

Executive Order to include regulations

that have ‘‘substantial direct effects on

one or more Indian tribes, on the

relationship between the Federal

government and the Indian tribes, or on

the distribution of power and

responsibilities between the Federal

government and Indian tribes.’’

This final rule does not have tribal

implications. It will not have substantial

direct effects on tribal governments, 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 in Executive Order 13175.

This Federal action allows the state of

New Hampshire to implement

equivalent alternative permit

requirements to replace pre-existing

requirements under Federal law and

does not have tribal implications. Thus,

Executive Order 13175 does not apply

to this rule.

C. Executive Order 13132

Executive Order 13132, entitled

‘‘Federalism’’ (64 FR 43255, August 10,

1999), 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.’’

This final rule does not have

federalism implications. It 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. This action

simply allows New Hampshire to

implement equivalent alternative

requirements to replace a Federal

standard, and does not alter the

relationship or the distribution of power

and responsibilities established in the

Clean Air Act. Thus, Executive Order

13132 does not apply to this rule.

D. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA),

as amended by the Small Business

Regulatory Enforcement Fairness Act of

1996 (SBREFA), 5 U.S.C 601 et seq.

generally requires an agency to prepare

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements under the

Administrative Procedure Act or any

other statute 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-forprofit enterprises, and small

governmental entities with jurisdiction

over populations of less than 50,000.

This final rule will not have a

significant impact on a substantial

number of small entities because

approvals under 40 CFR 63.94 do not

create any new requirements but simply

allows the state to implement and

enforce permit terms in place of federal

requirements that the EPA is already

imposing. Therefore, because this

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.

E. 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

27034 Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Rules and Regulations

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

allows New Hampshire to implement

equivalent alternative requirements to

replace pre-existing requirements under

Federal 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.

F. 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).

G. National Technology Transfer and

Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (‘‘NTTAA’’), Public Law No.

104–113, § 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 standards

bodies. The NTTAA directs EPA to

provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards. This

action does not involve technical

standards. Therefore, EPA did not

consider the use of any voluntary

consensus standards.

H. 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 16, 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 63

Administrative practice and

procedure, Air pollution control,

Hazardous substances,

Intergovernmental relations, Reporting

and recordkeeping requirements.

Authority: This action is issued under the

authority of section 112 of the Clean Air Act,

as amended, 42 U.S.C. 7412.

Dated: May 2, 2001.

Ira W. Leighton,

Acting Regional Administrator, EPA—New

England.

Title 40, chapter I, part 63 of the Code

of Federal Regulations is amended as

follows:

PART 63—[AMENDED]

1. The authority citation for part 63

continues to read as follows:

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

Subpart E—Approval of State

Programs and Delegation of Federal

Authorities

2. Section 63.99 is amended by

adding paragraphs (a)(29)(i)and

(a)(29)(ii) to read as follows:

§ 63.99 Delegated Federal Authorities

(a) * * *

(29) New Hampshire.

(i) [Reserved]

(ii) New Hampshire Department of

Environmental Services (NH DES) may

implement and enforce alternative

requirements in the form of title V

permit terms and conditions for

Groveton Paper Board Inc. of Groveton,

NH and Pulp & Paper of America, LLC

of Berlin, NH for subpart S—National

Emission Standards for Hazardous Air

Pollutants from the Pulp and Paper

Industry and subpart MM—National

Emissions Standards for Hazardous Air

Pollutants for Chemical Recovery

Combustion Sources at Kraft, Soda,

Sulfite and Stand-Alone Semi-chemical

Pulp Mills. This action is contingent

upon NH DES including, in title V

permits, terms and conditions that are

no less stringent than the Federal

standard and have been approved by

EPA. In addition, the requirement

applicable to the source remains the

Federal section 112 requirement until

EPA has approved the alternative permit

terms and conditions and the final title

V permit is issued.

* * * * *

[FR Doc. 01–12039 Filed 5–15–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81

[WV057–6016; FRL–6979–8]

Determination of Attainment of the

NAAQS for PM–10 in the Weirton, West

Virginia Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA has determined that the

Weirton, West Virginia PM–10 Moderate

nonattainment area (comprised of the

City of Weirton) attained the National

Ambient Air Quality Standards

(NAAQS) for Particulate Matter with an

aerodynamic diameter less than or equal

to a nominal 10 micrometers (PM–10)

by its applicable December 31, 2000

attainment date. This determination is

based upon monitored air quality data

for the PM–10 NAAQS during the years

1998–2000. This determination of

attainment does not redesignate the

Weirton area to attainment for PM–10.

The Clean Air Act requires that for an

area to be redesignated, five criteria

must be satisfied including the

submittal of a maintenance plan as a

State Implementation Plan (SIP)

revision.

DATES: This rule is effective on July 2,

2001 without further notice, unless EPA

receives adverse written comment by

June 15, 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 Arnold, Chief, Air

Quality Planning and Information

Services Branch, EPA Region III, 3AP21,

1650 Arch Street, Philadelphia, PA

19103. Copies of the documents relevant

to this action are available for public

inspection during normal business

hours at the Air Protection Division,