Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations 29493

accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings’’ issued under

the executive order. This rule does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

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

The Congressional Review Act, 5

U.S.C. 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. The 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. A major rule cannot take effect

until 60 days after it is published in the

Federal Register. This action is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2). This rule will be effective July

30, 2001 unless EPA receives adverse

written comments by July 2, 2001.

Under section 307(b)(1) of the Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by July 30, 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) of the Act.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Intergovernmental relations, Nitrogen

oxides, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Dated: May 16, 2001.

Jerry Clifford,

Acting Regional Administrator, Region 6.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

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

Subpart T—Louisiana

2. In § 52.970 (c), the table is amended

by revising the entry for section 504 to

read as follows:

§ 52.970 Identification of plan.

* * * * *

(c) * * *

EPA APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP

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

*******

Chapter 5—Permit Procedures

*******

Section 504 ........................ Nonattainment New

Source Review Procedures.

Feb. 20, 1997, LR 23:197 5/31/01 66 FR 29493

*******

[FR Doc. 01–13504 Filed 5–30–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IN126–1a; FRL–6986–2]

Approval and Promulgation of

Implementation Plans; Indiana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving

revisions to particulate matter (PM)

emissions regulations for Johns

Manville Corporation (Johns Manville).

This facility is located in Wayne

County, Indiana. The Indiana

Department of Environmental

Management (IDEM) submitted the

revised regulations on December 30,

1999 as an amendment to Indiana’s

State Implementation Plan (SIP). The

revisions consist of increasing seven

long-term limits, decreasing one shortterm limit, removing an emissions

source, and changing the company’s

name. The Johns Manville facility can

operate up to 8760 hours annually with

these revisions.

DATES: This rule is effective on July 30,

2001, unless the EPA receives relevant

adverse written comments by July 2,

2001. If adverse comment is received,

the EPA will publish a timely

withdrawal of the rule in the Federal

Register and inform the public that the

rule will not take effect.

ADDRESSES: You should mail written

comments to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

You may inspect copies of Indiana’s

submittal at: Regulation Development

Section, Air Programs Branch (AR–18J),

U.S. Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Matt

Rau, Environmental Engineer,

Regulation Development Section, Air

Programs Branch (AR–18J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604, Telephone:

(312) 886–6524, E-Mail:

rau.matthew@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document wherever

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

the EPA.

Table of Contents

I. What is the EPA approving?

II. What are the limit changes from the

current rules?

III. What is the EPA’s analysis of supporting

materials provided by Indiana?

IV. What are the environmental effects of

these actions?

V. EPA rulemaking actions.

VI. Administrative requirements.

29494 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations

I. What Is the EPA Approving?

The EPA is approving revisions to the

particulate matter emissions regulations

for Johns Manville, which operates a

fiberglass insulation manufacturing

facility in Wayne County, Indiana.

IDEM submitted the revisions on

December 30, 1999 as an amendment to

Indiana’s SIP.

The revisions consist of the relaxation

of seven long-term emissions limits, the

tightening of one short-term limit, the

removal of one emissions source, and

the changing of the company’s name

from Schuller International, Inc. IDEM

predicts that these revisions will result

in a potential increase in ambient

concentrations of particulate matter.

Analysis shows, however, that there are

no anticipated exceedances of the PM

National Ambient Air Quality Standards

(NAAQS) or violations of the applicable

Prevention of Significant Deterioration

(PSD) increment.

II. What Are the Limit Changes From

the Current Rules?

Indiana has removed the emissions

limits for one source which is no longer

at the facility, and relaxed the long-term

emissions limits for seven other sources.

In addition, Indiana has tightened one

short-term limit.

Indiana eliminated both the long and

short-term emissions limits for the Unit

112 Curing Oven (IDEM source ID 18P)

because the equipment was removed

from the Johns Manville facility.

Indiana relaxed seven long-term

limits in order to allow the facility to

operate 8760 hours per year. The

relaxed long-term limits are:

Source ID Previous limit Revised limit

15P ............... 1.0 TPY 1.5 TPY

17P ............... 0.1 3.9

19P ............... 19.5 27.4

20P ............... 4.0 6.2

21P ............... 31.2 58.3

22P ............... 58.5 123.6

23P ............... 15.6 45.4

The sources are a Natural Gas Boiler

(15P), the Line 6 Electric Melt Furnace

(17P), the curing ovens for Line 3 (19P)

and Line 6 (20P), and the three forming

line processes for Line 2 (21P), Line 3

(22P), and Line 6 (23P). The long-term

emissions limit for the Lines 2 and 3

Natural Gas Melt Furnaces (16P)

remains unchanged. The total long-term

emissions limit is 274.1 TPY. This is an

increase of 116.9 TPY over the former

total long-term emissions limit of 157.2

TPY.

Indiana tightened the boiler’s (15P)

short-term emissions limit from 0.150 to

0.0137 pounds per million British

thermal units (lb/MMBtu). The

reduction is a result of switching the

fuel from oil to natural gas. The total

short-term limits are 0.0137 lb/MMBtu

for the boiler and 0.13 grains per dry

standard cubic foot (gr/dscf) for all other

sources. A reduction of 0.025 gr/dscf to

the total emissions limit is a result of

the removal of the Unit 112 Curing

Oven (source 18P).

III. What Is the EPA’s Analysis of

Supporting Materials Provided by

Indiana?

Indiana submitted the results of an air

quality analysis. Only the portions

regarding particulate matter were

considered for this rulemaking.

Although the SIP particulate matter

limits are stated as Total Suspended

Particulate (TSP), the ambient standards

are expressed as particulate matter less

than 10 μm diameter (PM–10). As all

particulate matter emitted from the

Johns Manville facility is PM–10, PM–

10 emissions were used in the analysis.

The maximum ambient concentrations

of PM–10 were modeled to be 127.2 μg/

m3 for the 24-hour average and 36.4 μg/

m3 for the annual average. The NAAQS

for PM–10 are 150 μg/m3 (24-hour) and

50 μg/m3 (annual). Wayne County,

Indiana is in attainment of the

particulate matter NAAQS.

The air quality analysis also indicated

that this SIP revision is not expected to

exceed the applicable PSD increment.

The PSD increments for Wayne County

are 30 μg/m3 (24-hour) and 17 μg/m3

(annual). The modeled concentrations

are 23.5 μg/m3 (24-hour) and 0 μg/m3

(annual). Five years of meteorological

data (1986–1990) were used to model

the NAAQS and PSD averages. The

analysis found no modeled NAAQS

violations and no exceedances of the

applicable PSD increment. The EPA has

analyzed Indiana’s submittal and has

determined that it is acceptable.

IV. What Are the Environmental Effects

of These Actions?

Particulate matter interferes with lung

function when inhaled. Exposure to it

can cause heart and lung disease.

Particulate matter also aggravates

asthma. Airborne particulate reduces

visibility. The Johns Manville facility

does increase its PM emissions with

these SIP revisions. The revisions meet

the PSD conditions, meaning that the

increases are not expected to harm

ambient air quality in the Wayne

County area. The air quality modeled

analysis indicates that the approved PM

emissions increase will not create a

violation of the NAAQS.

V. EPA Rulemaking Actions

The EPA is approving, through direct

final rulemaking, revisions to the

particulate atter emissions regulations

for Johns Manville in Wayne County,

Indiana. These revisions change the

name of Schuller International,

Incorporated to the Johns Manville

Corporation. Other revisions consist of

raising seven long-term limits, lowering

one short-term limit, and removing an

emissions source. These SIP revisions

allow Johns Manville to operate its

facility full time.

We are publishing this action without

a prior proposal because we view these

as noncontroversial revisions and

anticipate no adverse comments.

However, in the ‘‘Proposed Rules’’

section of today’s Federal Register, we

are publishing a separate document that

will serve as the proposal to approve the

SIP revision if adverse comments are

filed. This rule will be effective on July

30, 2001 without further notice unless

we receive relevant adverse written

comment by July 2, 2001. If the EPA

receives adverse written comment, we

will publish a final rule informing the

public that this rule will not take effect.

We will address all public comments in

a subsequent final rule based on the

proposed rule. The EPA does not intend

to institute a second comment period on

this action. Any parties interested in

commenting on these actions must do so

at this time.

VI. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. This

action merely approves state law as

meeting federal requirements and

imposes no additional requirements

beyond those imposed by state law.

Accordingly, the Administrator certifies

that this rule will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this rule approves preexisting requirements under state law

and does not impose any additional

enforceable duty beyond that required

by state law, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

Reform Act of 1995 (Pub. L. 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 Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations 29495

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.).

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. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a ‘‘major rule’’ as

defined by 5 U.S.C. 804(2). This rule

will be effective July 30, 2001 unless

EPA receives adverse written comments

by July 2, 2001.

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by July 30, 2001.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Particulate matter, Reporting and

recordkeeping requirements.

Dated: May 9, 2001.

Norman Neidergang,

Acting Regional Administrator, Region 5.

For the reasons stated in the

preamble, part 52, chapter I, title 40 of

the Code of Federal Regulations is

amended as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

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

Subpart P—Indiana

2. Section 52.770 is amended by

adding paragraph (c)(139) to read as

follows:

§ 52.770 Identification of plan.

* * * * *

(c) * * *

(139) On December 30, 1999, Indiana

submitted revised total suspended

particulate emissions regulations for

Johns Manville Corporation in Wayne

County. The submittal appends 326 IAC

6–1–14. It includes raising seven longterm emissions limits, lowering one

short-term limit, removing one

emissions source, and a name change

for the company. The long-term limits

are being raised to allow to facility to

operate 8760 hours annually. Switching

fuel for a boiler allows its short-term

limit to be decreased. One emissions

source was removed from this facility.

The Johns Manville, Wayne County,

facility was formerly known as Schuller

International, Incorporated.

(i) Incorporation by reference.

Emissions limits for Johns Manville

Corporation in Wayne County contained

in Indiana Administrative Code Title

326: Air Pollution Control Board,

Article 6: Particulate Rules, Rule 1: Nonattainment Area Limitations, Section 14:

Wayne County. Filed with the Secretary

of State on September 24, 1999, and

effective on October 24, 1999. Published

in 23 Indiana Register 301 on November

1, 1999.

[FR Doc. 01–13502 Filed 5–30–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[VA107–5049; FRL–6987–9]

Approval and Promulgation of Air

Quality Implementation Plans; Virginia;

Clarifying Revisions to 9 VAC 5

Chapter 40 Fuel Burning Equipment

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to

the Virginia State Implementation Plan

(SIP) regarding existing stationary

sources. The revisions concern

provisions covering fuel burning

equipment. The intent of the revisions

is to clarify the applicability of the

regulation and to indicate clearly that

permits may be needed for the operation

of a facility. New definitions to reflect

the clarification along with some

additional minor changes are included

in the revisions. These revisions,

submitted by the Commonwealth of

Virginia’s Department of Environmental

Quality (VADEQ), are being approved in

accordance with the Clean Air Act.

DATES: This rule is effective on July 30,

2001 without further notice, unless EPA

receives adverse written comment by

July 2, 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,