Federal Register / Vol. 66, No. 96 / Thursday, May 17, 2001 / Rules and Regulations 27459

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The State submittal

that is the subject of this rule is based

upon counterpart Federal regulations for

which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

counterpart Federal regulations.

6. Unfunded Mandates

OSM has determined and certifies

under the Unfunded Mandates Reform

Act (2 U.S.C. 1502 et seq.) that this rule

will not impose a cost of $100 million

or more in any given year on any local,

State, or Tribal governments or private

entities.

List of Subjects in 30 CFR Part 934

Intergovernmental relations, Surface

mining, Underground mining.

Dated: May 3, 2001.

Brent Wahlquist,

Regional Director, Western Regional

Coordinating Center.

For the reasons set out in the

preamble, 30 CFR part 934 is amended

as set forth below:

PART 934—NORTH DAKOTA

1. The authority citation for part 934

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 934.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of Final

Publication’’ to read as follows:

§ 934.15 Approval of North Dakota

regulatory program amendments.

* * * * *

Original amendment submission

date Date of final publication Citation/description

*******

March 16, 2000 .............................. May 17, 2001 ................................. Standards for Evaluation of Revegetation Success and Recommended Procedures for Pre- and Postmining Vegetation Assessments.

[FR Doc. 01–12456 Filed 5–16–01; 8:45 am]

BILLING CODE 4310–05–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[DE 054–1031a; FRL–6981–4]

Approval and Promulgation of Air

Quality Implementation Plans;

Delaware; Nitrogen Oxides Budget

Trading Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on revisions to the Delaware

State Implementation Plan (SIP)

submitted on November 17, 2000. This

revision responds to the EPA’s

regulation entitled, ‘‘Finding of

Significant Contribution and

Rulemaking for Certain States in the

Ozone Transport Assessment Group

Region for Purposes of Reducing

Regional Transport of Ozone,’’

otherwise known as the ‘‘NOX SIP Call.’’

This revision establishes and requires a

nitrogen oxides (NOX) allowance trading

program for large electric generating and

industrial units, beginning in 2003. The

intended effect of this action is to

approve the Delaware NOX Budget

Trading Program because it addresses

the requirements of the NOX SIP Call

Phase I that will significantly reduce

ozone transport in the eastern United

States. EPA is approving these revisions

in accordance with the requirements of

the Clean Air Act.

DATES: This rule is effective on July 16,

2001 without further notice, unless EPA

receives adverse written comment by

June 18, 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,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103; and

Delaware Department of Natural

Resources & Environmental Control, 89

Kings Highway, P.O. Box 1401, Dover,

Delaware 19903.

FOR FURTHER INFORMATION CONTACT:

Cristina Fernandez, (215) 814–2178, or

by e-mail at fernandez.cristina@epa.gov.

SUPPLEMENTARY INFORMATION: On

November 17, 2000, the Delaware

Department of Natural Resources and

Environmental Control (DNREC)

submitted a revision to its SIP to

address the requirements of the NOX SIP

Call Phase I. The revision consists of the

adoption of Regulation No. 39—

Nitrogen Oxides Budget Trading

Program.

The information in this section is

organized as follows:

I. EPA’s Action

A. What action is EPA taking today?

B. Why is EPA taking direct final action?

C. What are the general NOX SIP Call

requirements?

D. What is EPA’s NOX budget trading

program?

E. What guidance did EPA use to evaluate

Delaware’s submittal?

II. Delaware’s NOX Budget Trading Program

A. When did Delaware submit the SIP

revision to EPA in response to the NOX

SIP Call?

B. What is the Delaware NOX Budget

Trading Program?

C. What is the result of EPA’s evaluation

of Delaware’s program?

III. Final Action

A. NOX SIP Call Requirements

B. One-Hour Attainment Demonstration

Plans

IV. Administrative Requirements

A. General Requirements

B. Submission to Congress and the

Comptroller General

C. Petitions for Judicial Review

I. EPA’s Action

A. What Action Is EPA Taking Today?

EPA is taking direct final action to

approve the Delaware SIP revision

concerning the adoption of its NOX

27460 Federal Register / Vol. 66, No. 96 / Thursday, May 17, 2001 / Rules and Regulations

Budget Trading Program, submitted on

November 17, 2000.

B. Why Is EPA Taking Direct Final

Action?

EPA is taking direct final action for

two purposes. Delaware’s NOX Budget

Trading Program regulations address the

requirements of the NOX SIP Call Phase

I. In addition, Delaware’s NOX Budget

Trading Program regulations are part of

the Delaware one-hour ozone attainment

demonstration plan for the

Philadelphia-Wilmington-Trenton

severe ozone nonattainment area. The

Delaware one-hour attainment

demonstration plan for the

Philadelphia-Wilmington-Trenton

ozone nonattainment area relies on the

NOX reductions associated with the

NOX Budget Trading Program in 2003

and beyond. Therefore, EPA is

approving Delaware’s NOX Budget

Trading Program for two reasons. First,

because it addresses the requirements of

the NOX SIP Call Phase I, and secondly

as a strengthening measure for the onehour ozone standard attainment for

Philadelphia-Wilmington-Trenton

ozone nonattainment area.

EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comment. However, in the ‘‘Proposed

Rules’’ section of today’s Federal

Register, EPA is publishing a separate

document that will serve as the proposal

to approve Delaware’s NOX Budget

Trading Program if adverse comments

are filed. This rule will be effective on

July 16, 2001 without further notice

unless EPA receives adverse comment

by June 18, 2001. If EPA receives

adverse comment, EPA will publish a

timely withdrawal in the Federal

Register informing the public that the

rule will not take effect. EPA will

address all public comments in a

subsequent final rule based on the

proposed rule. EPA will not institute a

second comment period on this action.

Any parties interested in commenting

must do so at this time. Please note that

if EPA receives adverse comment on an

amendment, paragraph, or section of

this rule and if that provision may be

severed from the remainder of the rule,

EPA may adopt as final those provisions

of the rule that are not the subject of an

adverse comment.

C. What Are the General NOX SIP Call

Requirements?

On October 27, 1998, EPA published

a final rule entitled, ‘‘Finding of

Significant Contribution and

Rulemaking for Certain States in the

Ozone Transport Assessment Group

Region for Purposes of Reducing

Regional Transport of Ozone,’’

otherwise known as the ‘‘NOX SIP Call.’’

See 63 FR 57356. The NOX SIP Call

requires 22 States and the District of

Columbia to meet statewide NOX

emission budgets during the five month

period between May 1 and October 1 in

order to reduce the amount of ground

level ozone that is transported across

the eastern United States.

EPA determined state-wide NOX

emission budgets for each affected

jurisdiction to be met by the year 2007.

EPA identified NOX emission

reductions by source category that could

be achieved by using cost-effective

measures. The source categories

included were electric generating units

(EGUs), non-electric generating units

(non-EGUs), area sources, nonroad

mobile sources and highway sources.

However, the NOX SIP Call allowed

states the flexibility to decide which

source categories to regulate in order to

meet the statewide budgets. In the NOX

SIP Call document, EPA suggested that

imposing statewide NOX emissions caps

on large fossil-fuel fired industrial

boilers and electricity generating units

would provide a highly cost effective

means for States to meet their NOX

budgets. In fact, the state-specific

budgets were set assuming an emission

rate of 0.15 pounds NOX per million

British thermal units (lb. NOX/mmBtu)

at EGUs, multiplied by the projected

heat input (mmBtu) from burning the

quantity of fuel needed to meet the 2007

forecast for electricity demand. See 63

FR 57407. The calculation of the 2007

EGU emissions assumed that an

emissions trading program would be

part of an EGU control program. The

NOX SIP Call state budgets also assumed

on average a 30% NOX reduction from

cement kilns, a 60% reduction from

industrial boilers and combustion

turbines, and a 90% reduction from

internal combustion engines. The nonEGU control assumptions were applied

at units where the heat input capacities

were greater than 250 mmBtu per hour,

or in cases where heat input data were

not available or appropriate, at units

with actual emissions greater than one

ton per day.

To assist the states in their efforts to

meet the SIP Call, the NOX SIP Call final

rulemaking notice included a model

NOX allowance trading regulation,

called ‘‘NOX Budget Trading Program

for State Implementation Plans,’’ (40

CFR part 96), that could be used by

states to develop their regulations. The

NOX SIP Call notice explained that if

states developed an allowance trading

regulation consistent with the EPA

model rule, they could participate in a

regional allowance trading program that

would be administered by the EPA. See

63 FR 57458–57459.

There were several periods during

which EPA received comments on

various aspects of the NOX SIP Call

emissions inventories. On March 2,

2000, EPA published additional

technical amendments to the NOX SIP

Call in the Federal Register (65 FR

11222). The March 2, 2000 final

rulemaking established the inventories

upon which Delaware’s final budget is

based.

On March 3, 2000, the D.C. Circuit

issued its decision on the NOX SIP Call

ruling in favor of EPA on all the major

issues. Michigan v. EPA, 213 F.3d 663

(D.C. Cir. 2000). The Court denied

petitioners’ requests for rehearing or

rehearing en banc on July 22, 2000.

However, the Court ruled against EPA

on four narrow issues. The Court

remanded certain matters for further

rulemaking by EPA. EPA expects to

publish a proposal that addresses the

remanded portion of the NOX SIP Call

Rule. Any additional emissions

reductions required as a result of a final

rulemaking on that proposal will be

reflected in the second phase portion

(Phase II) of the State’s emissions

budget. Delaware is required to submit

SIP revisions to address the Phase II of

the NOX SIP Call Rule.

D. What Is EPA’s NOX Budget Trading

Program?

EPA’s model NOX budget and

allowance trading rule, 40 CFR part 96,

sets forth a NOX emissions trading

program for large EGUs and non-EGUs.

A state can voluntarily choose to adopt

EPA’s model rule in order to allow

sources within its borders to participate

in regional allowance trading. The

October 27, 1998 Federal Register

document contains a full description of

the EPA’s model NOX budget trading

program. See 63 FR 57514–57538 and

40 CFR part 96. In general, air emissions

trading uses market forces to reduce the

overall cost of compliance for pollution

sources, such as power plants, while

maintaining emission reductions and

environmental benefits. One type of

market-based program is an emissions

budget and allowance trading program,

commonly referred to as a ‘‘cap and

trade’’ program.

In an emissions budget and allowance

trading program, the state or EPA sets a

regulatory limit, or emissions budget, in

mass emissions from a specific group of

sources. The budget limits the total

number of allocated allowances during

a particular control period. When the

budget is set at a level lower than the

current emissions, the effect is to reduce

Federal Register / Vol. 66, No. 96 / Thursday, May 17, 2001 / Rules and Regulations 27461

the total amount of emissions during the

control period. After setting the budget,

the state or EPA then assigns, or

allocates, allowances to the

participating entities up to the level of

the budget. Each allowance authorizes

the emission of a quantity of pollutant,

e.g., one ton of airborne NOX.

At the end of the control period, each

source must demonstrate that its actual

emissions during the control period

were less than or equal to the number

of available allowances it holds. Sources

that reduce their emissions below their

allocated allowance level may sell their

extra allowances. Sources that emit

more than the amount of their allocated

allowance level may buy allowances

from the sources with extra reductions.

In this way, the budget is met in the

most cost-effective manner.

E. What Guidance Did EPA Use To

Evaluate Delaware’s Submittal?

The final NOX SIP Call rule included

a model NOX budget trading program

regulation. See 40 CFR part 96. EPA

used the model rule and 40 CFR 51.121–

51.122 to evaluate Delaware’s NOX

Budget Trading Program.

II. Delaware’s NOX Budget Trading

Program

A. When Did Delaware Submit the SIP

Revision to EPA in Response to the NOX

SIP Call?

On November 17, 2000, the Delaware

Department of Natural Resources and

Environmental Control submitted a

revision to its SIP to address the

requirements of the NOX SIP Call.

B. What Is the Delaware NOX Budget

Trading Program?

Delaware’s SIP revision to address the

requirements of the NOX SIP Call Phase

I consists of the adoption of Regulation

No. 39—Nitrogen Oxides Budget

Trading Program. Delaware’s NOX

Budget Trading Program affects electric

generating units and certain non-electric

generating units.

Regulation No. 39—Nitrogen Oxides

Budget Trading Program is divided into

fifteen new sections and two

appendices: (1) Purpose; (2) Emission

Limitation; (3) Applicability; (4)

Definitions; (5) General Provisions; (6)

NOX Authorized Account

Representative for NOX Budget Sources;

(7) Permits; (8) Monitoring and

Reporting; (9) NATS; (10) NOX

Allowance Transfers; (11) Compliance

Certification; (12) End-of-Season

Reconciliation; (13) Failure to Meet

Compliance Requirements; (14)

Individual Unit Opt-Ins; (15) General

Accounts; Appendix A—Allowance

Allocations to NOX Budget Units;

Appendix B—Regulation No. 37–

Regulation No. 39 Program Transition.

The Delaware NOX Budget Trading

Program establishes and requires a NOX

allowance trading program for large

electric generating and industrial units.

Regulation No. 39—NOX Budget

Trading Program establishes a NOX cap

and allowance trading program with a

budget of 5,227 tons of NOX for the

ozone seasons of 2003 and beyond. The

State of Delaware voluntarily chose to

follow EPA’s model NOX budget and

allowance trading rule, 40 CFR part 96,

that sets forth a NOX emissions trading

program for large EGUs and non-EGUs.

Because the Delaware NOX Budget

Trading Program is based upon EPA’s

model rule, Delaware sources are

allowed to participate in the interstate

NOX allowance trading program that

EPA will administer for the

participating states. The State of

Delaware has adopted regulations that

are substantively identical to 40 CFR

part 96. Therefore, pursuant to 40 CFR

51.121(p)(1), Delaware’s SIP revision is

automatically approved as satisfying the

same portion of the State’s NOX

emission reduction obligations

Delaware projects such regulations will

satisfy.

Under the NOX Budget Trading

Program, Delaware allocates NOX

allowances to the EGUs and non-EGUs

units that are affected by these

requirements. The NOX trading program

applies to all fossil fuel fired EGUs with

a nameplate capacity greater than 15

MW or more that sell any amount of

electricity to the grid as well as any nonEGUs that have a heat input capacity

equal to or greater than 250 mmBtu per

hour. Each NOX allowance permits a

source to emit one ton of NOX during

the seasonal control period. NOX

allowances may be bought or sold.

Unused NOX allowances may also be

banked for future use, with certain

limitations. Source owners will monitor

their NOX emissions by using systems

that meet the requirements of 40 CFR

part 75, subpart H, and report resulting

data to EPA electronically. Each budget

source complies with the program by

demonstrating at the end of each control

period that actual emissions do not

exceed the amount of allowances held

for that period. However, regardless of

the number of allowances a source

holds, it cannot emit at levels that

would violate other federal or state

limits, for example, reasonably available

control technology (RACT), new source

performance standards, or Title IV (the

federal Acid Rain program).

Delaware’s SIP revision, submitted on

November 17, 2000, does not establish

requirements for stationary internal

combustion engines. Delaware will be

required to submit SIP revisions to

address any additional emission

reductions required to meet the State’s

overall emissions budget. In addition,

Delaware’s submittal does not rely on

any additional reductions beyond the

anticipated federal measures in the

mobile and area source categories.

Delaware’s submittal demonstrates

that the NOX emission budgets

established by EPA (65 FR 11222) will

be met as follows:

Source category

EPA 2007

NOX budget

emissions

(tons/season) Delaware 2007

Delaware

2007 NOX

budget

emissions

(tons/season)

EGUs ................ 5,250 5,250

Non-EGUs ........ 2,473 2,473

Area Sources .... 1,129 1,129

Non-road

Sources ......... 5,651 5,651

Highway

Sources ......... 8,358 8,358

Total ........... 22,861 22,861

C. What Is the Result of EPA’s

Evaluation of Delaware’s Program?

EPA has evaluated Delaware’s

November 17, 2000 SIP submittal and

finds it approvable. The Delaware NOX

Budget Trading Program is consistent

with EPA’s guidance and addresses the

requirements of the NOX SIP Call Phase

I. EPA finds the NOX control measures

in the Delaware’s NOX Budget Trading

Program approvable. The November 17,

2000 submittal will strengthen

Delaware’s SIP for reducing ground

level ozone by providing NOX

reductions beginning in 2003.

Furthermore, Delaware’s NOX Budget

Trading Program is necessary to fulfill a

requirement of the one-hour ozone

attainment plan for the severe ozone

nonattainment area of Delaware. The

Delaware attainment demonstration

plan for the Philadelphia-WilmingtonTrenton ozone nonattainment area relies

on the NOX reductions associated with

the NOX Budget Trading Program in

2003 and beyond. EPA finds that

Delaware’s submittal is fully approvable

because it addresses the requirements of

the NOX SIP Call Phase I and it is a

strengthening measure for the Delaware

one-hour ozone attainment plan for the

Philadelphia-Wilmington-Trenton

ozone nonattainment area.

III. Final Action

A. NOX SIP Call Requirements

EPA is approving the Delaware SIP

revision consisting of its NOX Budget

27462 Federal Register / Vol. 66, No. 96 / Thursday, May 17, 2001 / Rules and Regulations

Trading Program, submitted on

November 17, 2000. EPA finds that the

Delaware NOX Budget Trading Program

is fully approvable because it addresses

the requirements of the NOX SIP Call

Phase I.

B. One-Hour Attainment Demonstration

Plans

EPA is approving the Delaware SIP

revision concerning the adoption of the

NOX Budget Trading Program, which

was submitted on November 17, 2000.

EPA finds that Delaware’s submittal is

fully approvable because it is a

strengthening measure for the

Delaware’s one-hour ozone attainment

plan for its severe ozone nonattainment

area, namely the PhiladelphiaWilmington-Trenton ozone

nonattainment area. Moreover, this SIP

revision is necessary for full approval of

the attainment demonstration SIP for

the Philadelphia-Wilmington-Trenton

ozone nonattainment area. The EPA is

currently under an obligation to

complete rulemaking by October 15,

2001 fully approving the attainment

demonstration for the PhiladelphiaWilmington-Trenton ozone

nonattainment area or, in the

alternative, proposing a federal

implementation plan.

IV. 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 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

approving the Delaware NOX Budget

Trading Program 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 recordkeeping

requirements.

Dated: May 8, 2001.

Thomas C. Voltaggio,

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 I—Delaware

2. In § 52.420, add entry in numerical

order for Delaware Regulation No. 39—

Nitrogen Oxides Budget Trading

Program in the ‘‘EPA-Approved

Regulations in the Delaware SIP’’ table

in paragraph (c) to read as follows:

§ 52.420 Identification of plan.

* * * * *

(c) EPA approved regulations.

Federal Register / Vol. 66, No. 96 / Thursday, May 17, 2001 / Rules and Regulations 27463

EPA–APPROVED REGULATIONS IN THE DELAWARE SIP

State citation Title/subject State effective date EPA approval date Comments

*******

Regulation 39—Nitrogen Oxides (NOX) Budget Trading Program

Section 1 ............................ Purpose ................................................... 12/11/00 5/17/01 Federal Register

cite.

[Use this section as necessary to explain exceptions or limitations]

Section 2 ............................ Emission Limitation ................................. 12/11/00

Section 3 ............................ Applicability ............................................. 12/11/00

Section 4 ............................ Definitions ................................................ 12/11/00

Section 5 ............................ General Provisions .................................. 12/11/00

Section 6 ............................ NOX Authorized Account Representative

for NOX Budget Sources.

12/11/00

Section 7 ............................ Permits .................................................... 12/11/00

Section 8 ............................ Monitoring and Reporting ........................ 12/11/00

Section 9 ............................ NATS ....................................................... 12/11/00

Section 10 .......................... NOX Allowance Transfers ....................... 12/11/00

Section 11 .......................... Compliance Certification ......................... 12/11/00

Section 12 .......................... End-of-Season Reconciliation ................. 12/11/00

Section 13 .......................... Failure to Meet Compliance Requirements.12/11/00

Section 14 .......................... Individual Unit Opt-Ins ............................. 12/11/00

Section 15 .......................... General Accounts .................................... 12/11/00

Appendix ‘‘A’’ ...................... Allowance Allocations to NOX Budget

Units.

12/11/00

Appendix ‘‘B’’ ...................... Regulation No. 37—Regulation No. 39

Program Transition.

12/11/00

*******

[FR Doc. 01–12351 Filed 5–16–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301126; FRL–6781–8]

RIN 2070–AB78

Cyfluthrin; Pesticide Tolerances for

Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes

time-limited tolerances for residues of

cyfluthrin in or on grapes and raisins;

grain of barley, oats, and wheat; and fat

of cattle, goats, hogs, horses and sheep.

This action is in response to EPA’s

granting of emergency exemptions

under section 18 of the Federal

Insecticide, Fungicide, and Rodenticide

Act authorizing use of the pesticide on

grapes and stored grain. This regulation

establishes maximum permissible levels

for residues of cyfluthrin in these food

commodities. These tolerances will

expire and are revoked on June 30,

2003.

DATES: This regulation is effective May

17, 2001. Objections and requests for

hearings, identified by docket control

number OPP–301126, must be received

by EPA on or before July 16, 2001.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, in person, or by courier. Please

follow the detailed instructions for each

method as provided in Unit VII. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, your objections

and hearing requests must identify

docket control number OPP–301126 in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: By

mail: Stephen Schaible, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number: 703–308–9362; and e-mail

address: schaible.stephen@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by

this action if you are an agricultural

producer, food manufacturer, or

pesticide manufacturer. Potentially

affected categories and entities may

include, but are not limited to:

Categories NAICS Examples of Potentially Affected Entities

Industry 111 Crop production

112 Animal production

311 Food manufacturing

32532 Pesticide manufacturing

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in the table could also

be affected. The North American

Industrial Classification System

(NAICS) codes have been provided to

assist you and others in determining

whether or not this action might apply

to certain entities. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed under FOR FURTHER INFORMATION

CONTACT.

B. How Can I Get Additional

Information, Including Copies of This

Document and Other Related

Documents?

1. Electronically.You may obtain

electronic copies of this document, and

certain other related documents that