Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Proposed Rules 27051

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

proposes to approve 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 proposed 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 proposed 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 proposed approval of the

Alabama NOX Reduction and Trading

Program does not impose an

information collection burden under the

provisions of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Nitrogen dioxide,

Ozone, Reporting and recordkeeping

requirements.

Dated: May 8, 2001.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

[FR Doc. 01–12355 Filed 5–15–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA 150–4108; FRL–6980–3]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Conversion of the

Conditional Approval of the 15 Percent

Plan for the Pennsylvania Portion of

the Philadelphia-Wilmington-Trenton

Ozone Nonattainment Area to a Full

Approval

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to convert

its conditional approval of a State

Implementation Plan (SIP) revision

submitted by the Commonwealth of

Pennsylvania to a full approval. This

revision satisfies the conditions

imposed by EPA on our approval of the

15 percent reasonable further progress

plan (15% plan) requirement of the

Clean Air Act (the Act) for

Pennsylvania’s portion of the

Philadelphia-Wilmington-Trenton

ozone nonattainment area (the

Philadelphia area). EPA is proposing to

convert its conditional approval of this

15% plan to full approval because the

Commonwealth has fulfilled its

obligation and satisfied the conditions

imposed in EPA’s conditional approval

of the 15% plan for the Philadelphia

area. The intended effect of this action

is to convert our conditional approval of

Pennsylvania’s 15% plan SIP for the

Philadelphia area to a full approval.

DATES: Written comments must be

received on or before June 15, 2001.

ADDRESSES: Written comments may 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,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103. They

are also available at the Pennsylvania

Department of Environmental

Protection, Bureau of Air Quality, P.O.

Box 8468, 400 Market Street, Harrisburg,

Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:

Brian Rehn, by phone at: (215) 814–

2176 (at the EPA Region III address

above), or by e-mail at:

rehn.brian@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On June 5, 1998, the Pennsylvania

Department of Environmental Protection

(PA DEP) submitted a revision to the

Pennsylvania State Implementation Plan

(SIP) for its portion of the Philadelphia

ozone nonattainment area. The revision

consists of an amendment to its plan to

achieve a 15% reduction from 1990 base

year levels in volatile organic

compound (VOC) emissions. The

previous version of Pennsylvania’s 15%

plan for its portion of the Philadelphia

ozone nonattainment area was

conditionally approved by EPA on June

9, 1997 (62 FR 31343). Pennsylvania’s

June 1998 revision to that 15% plan was

done in order to satisfy conditions

imposed by EPA in its conditional

approval of the Commonwealth’s plan.

The Philadelphia ozone

nonattainment area consists of six

counties in Southern New Jersey

(Burlington, Camden, Cumberland,

Gloucester, Mercer, and Salem), two

counties in Northern Delaware (Kent

and New Castle), one county in

Maryland (Cecil), and five counties in

Southeastern Pennsylvania (Bucks,

Chester, Delaware, Montgomery, and

Philadelphia). Each of the states

comprising the multi-state ozone

nonattainment area submitted its own

15% plan to achieve reasonable further

progress towards attainment of the

ozone standard. EPA has taken separate

rulemaking action on each state’s plan.

EPA is taking action today on the

revised 15% plan SIP for Pennsylvania’s

portion of the Philadelphia

nonattainment area, submitted to EPA

by PA DEP on June 5, 1998. These

revisions to the plan satisfy the

conditions stipulated by EPA in its June

9, 1997 conditional approval of the

previous Philadelphia 15% plan. Those

approval conditions related to the I/M

program upon which the 15% plan

relies (and which were conditions of

EPA’s approval of the I/M program).

EPA is proposing in this rulemaking

to convert the June 9, 1997 conditional

approval of Pennsylvania’s 15% plan for

the Philadelphia area to a full approval.

The basis for this action is that EPA has

determined that Pennsylvania has

27052 Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Proposed Rules

fulfilled all of the conditions imposed

by EPA’s conditional approval.

II. Pennsylvania’s Calculation of the

15% Plan Target Level

As stated above, the subject of this

rulemaking is Pennsylvania’s June 5,

1998 revision to the 15% plan,

submitted by the Commonwealth to

remedy conditions imposed by EPA in

its June 9, 1997 approval of the original

15% plan. These conditions of the June

9, 1997 approval are related to the I/M

program and the modeling of the credits

for that program that impact the target

level of the 15% plan. Only those

aspects of this target level calculation

associated with the conditions of EPA’s

approval (i.e., related to Pennsylvania’s

June 5, 1998 SIP revision) are the

subject of today’s proposed rulemaking

action by EPA. For clarity, however, the

entire calculation process is set forth

below.

A. Base Year Emission Inventory

The baseline from which the required

reductions towards the 15% plan goal

are applied is the 1990 base year

emission inventory. The first step in

calculating a 15% target is a 15% plan

1990 base year inventory. The inventory

is broken down into four emissions

source sectors: stationary, or point,

sources; area sources; on-road, or

highway, mobile sources; and offhighway, or non-road, mobile sources.

The base year inventory includes

emissions of all sources within the

nonattainment area and certain large

point sources within twenty-five miles

of the boundary.

For purposes of planning reasonable

further progress towards attainment

(e.g., 15% planning), a subset of the

1990 base year inventory is used. This

1990 rate-of-progress (ROP) inventory

includes only anthropogenic emissions

that occurred within the boundaries of

the subject nonattainment area. EPA

approved Pennsylvania’s 1990 base year

inventory SIP revision for the

Philadelphia area in its June 9, 1997

conditional approval of the 15% plan

(62 FR 31343).

B. Growth in Emissions Between 1990

and 1996

EPA interprets the Clean Air Act to

require that reasonable further progress

towards attainment of the ozone

standard must occur after offsetting any

growth in the level of emissions

expected to occur over the period being

considered. To meet the 15% reasonable

further progress requirement, a state

must enact measures to offset projected

growth in VOC emissions, in addition to

a 15% reduction of 1996 VOC emissions

(compared with 1990 levels). For a

detailed description of the growth

methodologies used by Pennsylvania,

please refer to EPA’s June 9, 1997

conditional approval of Pennsylvania’s

15% plan (62 FR 31343), Pennsylvania’s

September 12, 1996 SIP (and related

addendums), and the Technical Support

Document (TSD) prepared for EPA’s

June 9, 1997 conditional approval

action.

C. Enhanced Vehicle Inspection and

Maintenance (I/M) Program

Both of the conditions listed in EPA’s

June 9, 1997 conditional approval of

Pennsylvania’s 15% plan for

Philadelphia were related to

Pennsylvania’s enhanced I/M program

for motor vehicles. The first of these

conditions required Pennsylvania to

‘‘meet the conditions listed in the

January 28, 1997 conditional interim

inspection and maintenance (I/M)

rulemaking (approval) notice’’. The

second condition required Pennsylvania

to remodel the I/M reductions credited

towards the 15% plan using the EPA

guidance memoranda: ‘‘Modeling 15

Percent VOC Reductions from I/M in

1999—Supplemental Guidance’’, from

Gay McGregor and Sally Shaver, dated

December 23, 1996. The policy for this

I/M remodeling methodology is derived

from another EPA guidance memoranda

entitled, ‘‘Date by which States Need to

Achieve All the Reductions Needed for

the 15 Percent Plan from I/M and

Guidance for Recalculation,’’ from John

Seitz and Margo Oge, dated August 13,

1996.

With respect to the approval status of

its I/M program SIP, Pennsylvania has

remedied the related condition upon

EPA’s approval of the Philadelphia 15%

plan. The I/M program had been

conditionally approved by EPA (62 FR

4004, January 28, 1997). However,

Pennsylvania has since revised the

enhanced I/M program SIP to address

the conditions of EPA’s January 1997

approval. On June 17, 1999 (64 FR

32411), EPA published a direct final

rule converting the conditional approval

of Pennsylvania’s I/M program to full

approval. EPA’s basis for conversion of

the I/M program SIP to full approval

was that Pennsylvania had remedied all

of the conditions set forth in the January

28, 1997 conditional approval.

With respect to the condition upon

approval of the 15% plan related to the

claimed credits in the 15% plan for the

I/M program SIP, Pennsylvania

addressed this condition submitting a

remodeling analysis of the I/M program

benefits (following the guidelines set

forth by EPA’s guidance memos on the

subject) in its June 5, 1998 SIP revision.

That SIP revision is the subject of this

proposed action. A discussion of the

resulting recalculation of the highway

mobile source projection inventory and

the resultant 15% plan target level is

discussed later in this action.

Pennsylvania has properly followed

EPA’s guidance in its remodeling

analysis.

D. Target Level Emissions/Emission

Reductions Needed for the 15%

Reduction

As part of its remodeling analysis to

determine the amount of VOC

reductions from the I/M program

needed for the 15% plan, Pennsylvania

remodeled the benefits from all of its

15% plan control measures that reduce

highway source emissions. Highway

mobile source emissions are modeled

using an emission factor model called

MOBILE. In assessing highway mobile

source emissions, the benefits from all

highway emission control strategies

must be evaluated. In addition to the

enhanced I/M program, such control

measures include: the use of Federal

reformulated gasoline (RFG) in highway

vehicles and the implementation of new

(i.e., post-1990) vehicle standards that

are part of the Federal Motor Vehicle

Control Program (FMVCP). Per EPA

guidance, this MOBILE remodeling

demonstration compares the highway

mobile source target level in 1999

versus the highway mobile source target

level for 1996 performed for the original

15% plan.

EPA approves of the Commonwealth’s

remodeling demonstration submitted

with the June 5, 1998 revised 15% plan.

This revised plan properly accounts for

the ‘‘1996 target level’’, which is then

compared to the projections of actual

‘‘1996 controlled emissions’’.

EPA approves of the revised mobile

source target level calculation for

Philadelphia, and the resultant overall

corrected target level. The overall

corrected target level is 487.89 tons per

day (tpd). A detailed description of the

revised target level calculation process

is described in more detail below, and

in the Technical Support Document

prepared in support of this proposed

rulemaking action.

EPA’s interpretation of section 182(b)

of the Act requires states to adjust the

base year VOC emission inventory for

the 15% plan to account for noncreditable VOC reductions (i.e., that

were required to occur prior to the 1990

Clean Air Act Amendments). In

calculating its target level,

Pennsylvania’s plan subtracts those

reductions occurring between 1990 and

1996 from the pre-1990 FMVCP and

low-RVP gasoline programs from the

Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Proposed Rules 27053

1990 15% plan base inventory. The

result is the ‘‘1990 base year inventory

adjusted to 1996’’.

Pennsylvania’s 15% plan relies upon

reductions from an enhanced I/M

program to achieve the required 15%

level as soon after November 15, 1996

as practicable, but not later than 1999.

Therefore, Pennsylvania was required to

remodel the benefits of its I/M program

in the 15% plan. EPA’s applicable

remodeling guidance requires that the

base year inventory must also be

calculated for 1999. This 1999 base year

inventory must then be adjusted in the

same way to remove non-creditable, pre1990 control measure reductions from

the inventory for the period from 1996

to 1999. Pennsylvania’s 15% plan

contains a calculation of those noncreditable emissions occurring between

1996 and 1999. These non-creditable

emissions cannot be used toward the

15% plan goal, and they are therefore

subtracted from the 1990 base year

inventory for the 15% plan. The result

yields the ‘‘1990 base year inventory

adjusted to 1999.’’

Pennsylvania calculated a base 1996

VOC target level by taking 85% of the

‘‘1990 adjusted base year inventory for

1996.’’ Per EPA guidance, the noncreditable reductions were then

subtracted from the ‘‘base’’ 1996 VOC

target level to yield a ‘‘final’’ 1996 VOC

target level for the 15% plan. See Table

1 below, for a summary of the

calculation of the target level.

TABLE 1.—REQUIRED REDUCTIONS FOR THE PENNSYLVANIA PORTION OF THE METROPOLITAN PHILADELPHIA-WILMINGTONTRENTON, PA-DE-NJ NONATTAINMENT AREA 15% PLAN

[Tons/day]

Steps Calculation method

Tons

per day

(tpd)

Revised 15% Plan Target Level/I/M Remodeling Calculation: 5-County Philadelphia, PA Area

1990 Rate-of-Progress Base Year Inventory ................................ ...................................................................................................... 615.56

1. Calculate the 1990 base year inventory (relative to 1996) ...... [1996 MOBILE factor (w/CAA controls off) × 1990 VMT] + noninventory mobile 1990 inventory.582.53

2. Calculate the 1996 base year (relative to 1999) ...................... [1999 MOBILE factor (w/CAA controls off) × 1990 VMT] + noninventory mobile 1990 inventory.576.11

3. Calculate non-creditable fleet turnover between 1996 and

1999.

1990 base (for 1996) ¥ 1990 base (for 1999); or, (Step 2 ¥

Step 1).

6.42

4. Calculate the ‘‘base’’ 1996 target level ..................................... 1990 adjusted base (for 1996) × 0.85 ¥ RACT Fix-Ups; or,

(Step 1 × 0.85) ¥ RACT fix-ups (0.84 tpd).

494.31

5. Correct the 1996 target level (‘‘final’’ target level) .................... 1996 target level ¥ 1996–1999 non-creditable emissions; or,

(Step 4 ¥ Step 3).

487.89

6. Projected 1996 Uncontrolled Emissions ................................... ...................................................................................................... 617.95

7. Projected 1996 Controlled Inventory ........................................ Remodeled highway emissions + remainder of existing 1996

projected inventory (i.e., point, area, non-road emissions)

[84.58 + 151.15 + 153.98 + 81.33].

476.53

8. Required Emission Reductions for 15% plan ........................... (Line 6 ¥ Line 5) ......................................................................... 130.06

Total Reductions Claimed from 15% Plan Control Measures ...... ...................................................................................................... 133.63

The reduction in emissions needed to

meet the 15% reasonable further

progress requirement equals the

difference between the projected 1996

emissions under the pre-1990 Clean Air

Act control strategy (i.e., the 1996

uncontrolled emissions) and the 15%

plan target level. The difference

between these two numbers reflects a

15% reduction from the adjusted base

year inventory, including any additional

reductions necessary to offset projected

emissions growth between 1990 and

1996. For Philadelphia, the calculated

target level is 487.89 tons per day. EPA

is proposing to accept this final,

corrected target level for the

Pennsylvania portion of the

Philadelphia area.

E. Determination That Revised 15%

Plan Achieves Reasonable Further

Progress

As part of the 15% plan I/M

remodeling process, the inventory,

target level, and projected reduction

levels from the control measures

claimed in the 15% plan were

recalculated. After completion of the

revised target level calculation, the

Commonwealth was required to

demonstrate that that the control

measures in the 15% plan will ensure

sufficient reductions to achieve the

revised target level. Under the revised

15% plan, the emissions reductions

claimed for the Philadelphia 15% plan

increased from 127.91 tons per day to

133.63 tons per day.

EPA agrees with the Commonwealth’s

calculations and methodology used in

the revised plan to justify this number.

Pennsylvania properly employed EPA’s

guidance in calculating the revised

estimates. EPA therefore concurs that

Pennsylvania must achieve a reduction

of at least 130.1 tons per day of

creditable emission reductions to

demonstrate that its portion of the

Philadelphia ozone nonattainment area

has met its 15% VOC reduction

requirement, as required by the Clean

Air Act. EPA believes that

Pennsylvania’s revised 15% plan has

sufficient VOC reductions from its

claimed, creditable measures to achieve

the required 15% reduction.

Pennsylvania claims 133.63 tons per

day of VOC reductions, which is

sufficient to ensure that reasonable

further progress is achieved.

Table 2 below lists the creditable

measures, and the VOC reductions

claimed for those measures, in

Pennsylvania’s 15% plan for the

Philadelphia area. It should be noted

that these are the same measures

approved by EPA in the June 9, 1997

conditional approval of Pennsylvania’s

15% plan. Due to the I/M remodeling

exercise, however, the level of credits

associated with the highway mobile

source control measures (i.e., I/M, Tier

1 standards, and the Federal

reformulated gasoline program) has

changed. Since these measures and

credit levels were approved by EPA

previously, this rulemaking action

applies only to the revised credit levels

associated with the highway mobile

source controls.

27054 Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Proposed Rules

TABLE 2.—SUMMARY OF CONTROL MEASURES FOR THE 15% PLAN FOR THE PENNSYLVANIA PORTION OF THE

PHILADELPHIA OZONE NONATTAINMENT AREA

Pennsylvania Portion of Philadelphia, PA 15% Plan Control Measures

Control measure Approved by EPA VOC reduction

(tons per day)

Highway Mobile Source Control Measures

Reformulated Gasoline Program ............................................. Federal rule ............................................................................. 21.19

Enhanced I/M Program ............................................................ SIP approved [June 17, 1999 (64 FR 32411)] ....................... 56.91

Tier 1 Motor Vehicle Standards (post-1990 FMVCP) ............. Federal rule ............................................................................. 6.59

Non-Highway Measures (Point, Area, Non-road)

Reformulated Gasoline Program—Non-road benefits ............. Federal rule ............................................................................. 0.59

Stage II Gasoline Vapor Recovery .......................................... SIP approved [December 13, 1994 (60 FR 63938)] ............... 17.02

AIM Coatings Reformulation .................................................... Federal rule ............................................................................. 7.28

Consumer and Commercial Products Reformulation .............. Federal rule ............................................................................. 6.58

Autobody Refinishing Reformulation ....................................... Federal rule ............................................................................. 6.30

Treatment, Storage, & Disposal Facility (TSDF) Controls ...... Federal rule ............................................................................. 9.35

Facility Shutdowns ................................................................... Conditionally Approved Philadelphia 15% Plan approved use

of specified banked shutdown credits (under PA banking

rule, Chapter 127.206–209).

1.82

Total Creditable Emission Reductions ............................. .................................................................................................. 133.63

F. Transportation Conformity Budgets

As is the case with any 15% plan,

Pennsylvania’s 15% plan for its portion

of the Philadelphia ozone

nonattainment area contains a budget

for VOC emissions from on-road mobile

sources. By proposing approval of this

15% plan, EPA is proposing to grant a

de facto approval of the budget in this

plan. However, EPA wishes to clarify

that the budget in Pennsylvania’s 15%

plan for the Philadelphia area will not

be the applicable budget for future

conformity determinations, because

there are budgets for the Philadelphia

area that supercede this plan that apply

for 1999 and all subsequent years. To

verify which budget applies to the

Pennsylvania portion of the

Philadelphia area, please contact the

EPA Regional office listed in the

ADDRESSES section above or consult

EPA’s ‘‘Adequacy Review of SIP

Submissions for Conformity’’ web page

at http://www.epa.gov/oms/transp/

conform/adequacy.htm.

Proposed Action

After review of Pennsylvania’s June 5,

1998 revision to the 15% plan SIP for

its portion of the PhiladelphiaWilmington-Trenton ozone

nonattainment area, EPA has

determined that the Commonwealth has

remedied all of the EPA-imposed

conditions listed in our June 9, 1997

conditional approval (62 FR 31343) of

the 15% plan SIP for the Philadelphia

area. EPA is therefore proposing to

convert its conditional approval of

Pennsylvania’s 15% plan SIP for the

Philadelphia area to a full approval.

EPA is soliciting public comments on

this action to convert our conditional

approval of the Philadelphia 15% plan

to a full approval, based upon

Pennsylvania’s June 5, 1998 submittal to

remedy the conditions. These comments

will be considered before the Agency

takes final action. Interested parties may

participate in the Federal rulemaking

procedure by submitting written

comments to the EPA Regional office

listed in the ADDRESSES section of this

document.

I. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this proposed

action is not a ‘‘significant regulatory

action’’ and therefore is not subject to

review by the Office of Management and

Budget. This action merely proposes to

approve state law as meeting federal

requirements and imposes no additional

requirements beyond those imposed by

state law. Accordingly, the

Administrator certifies that this

proposed 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 proposes to

approve pre-existing 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

(Pub. L. 104–4). This proposed 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

proposes to approve 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 proposed 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 proposed rule, EPA has taken the

necessary steps to eliminate drafting

errors and ambiguity, minimize

potential litigation, and provide a clear

Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Proposed Rules 27055

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 proposed 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.).

This proposed rule to convert the

conditional approval of the 15% plan

for the Pennsylvania portion of

Philadelphia to a full approval does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Nitrogen dioxide, Ozone,

Reporting and recordkeeping

requirements.

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

Dated: May 7, 2001.

W.C. Early,

Acting Regional Administrator, Region III.

[FR Doc. 01–12354 Filed 5–15–01; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[FRL–6978–9]

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: Proposed 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 for the

National Emissions 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. In the Rules section of this

Federal Register, EPA is 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. A

detailed rationale for this approval is set

forth in the direct final rule. If no

adverse comments are received, no

further activity is contemplated. If EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. The EPA

will not institute a second comment

period. Any parties interested in

commenting should do so at this time.

DATES: Written comments must be

received by June 15, 2001.

ADDRESSES: Comments should be

addressed to: Steven Rapp, Manager, Air

Permits Program Unit, Office of

Ecosystem Protection (mail code CAP),

U.S. Environmental Protection Agency,

EPA-New England, One Congress Street,

Suite 1100, Boston, MA 02114–2023.

Copies of the submitted request are

available for public inspection at EPA’s

Region I office during normal business

hours.

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: This

document concerns NH DES’s

Equivalency by Permit program. For

further information, please see the

information provided in the direct final

action which is located in the Rules

section of this Federal Register.

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.

[FR Doc. 01–12040 Filed 5–15–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81

[Docket No.: WA–01–001; FRL–6980–9]

Finding of Attainment for PM–10;

Spokane PM–10 Nonattainment Area,

Washington

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed rule.

SUMMARY: EPA is proposing to find that

the Spokane nonattainment area in

Washington has attained the National

Ambient Air Quality Standards

(NAAQS) for particulate matter with an

aerodynamic diameter of less than or

equal to a nominal ten micrometers

(PM–10) as of December 31, 1997.

DATES: Written comments must be

received on or before June 15, 2001.

ADDRESSES: Written comments should

be mailed to Steven K. Body, Office of

Air Quality, Mailcode OAQ–107, EPA

Region 10, 1200 Sixth Avenue, Seattle,

Washington, 98101. Copies of

documents relevant to this action are

available for public review during

normal business hours (8:00 am to 4:30

pm) at this same address.

FOR FURTHER INFORMATION CONTACT:

Steven K. Body, Office of Air Quality,

EPA Region 10, 1200 Sixth Avenue,

Seattle, Washington, 98101, (206) 553–

0782.

SUPPLEMENTARY INFORMATION:

Throughout this document, the words

‘‘we’’, ‘‘us’’, or ‘‘our’’ means the

Environmental Protection Agency

(EPA).

Table of Contents

I. Background

A. Designation and Classification of PM–10

Nonattainment Areas.

B. How Does EPA Make Attainment

Determinations?

C. What is the Attainment Date for the

Spokane PM–10 Nonattainment Area?

II. EPA’s Proposed Action

III. Administrative Requirements

I. Background

A. Designation and Classification of

PM–10 Nonattainment Areas

Areas meeting the requirements of

section 107(d)(4)(B) of the Clean Air Act

(CAA) were designated nonattainment

for PM–10 by operation of law and

classified ‘‘moderate’’ upon enactment

of the 1990 Clean Air Act Amendments.

See generally 42 U.S.C. 7407(d)(4)(B).

These areas included all former Group

I PM–10 planning areas identified in 52

FR 29383 (August 7, 1987), as further

clarified in 55 FR 45799 (October 31,