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,

29496 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations

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;

Virginia Department of Environmental

Quality, 629 East Main Street,

Richmond, Virginia, 23219.

FOR FURTHER INFORMATION CONTACT:

Ruth E. Knapp, (215) 814–2191, or by email at knapp.ruth@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document wherever

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

EPA.

Table of Contents

I. What is the EPA Approving?

II. What are the Provisions of the Revised

Regulation?

III. What Are the Environmental Effects of

this Action?

IV. Special Provisions Regarding Virginia.

V. EPA Rulemaking Action.

VI. Administrative Requirements.

I. What Is EPA Approving?

We are approving, as a SIP revision,

changes made to the Commonwealth of

Virginia’s regulations for fuel burning

equipment. The SIP revisions consist of

new definitions and additional wording

to clarify that the fuel burning

regulations under the Commonwealth’s

regulations found at 9 VAC 5–40–880, 9

VAC 8–40–890, 9 VAC 5–40–900, 9

VAC 5–40–940, and 9 VAC 5–40–1040

apply to stationary combustion turbines

but not to stationary internal

combustion engines. Definitions for

each of these types of equipment have

been added to 9 VAC 5–40–890,

Definitions. Some minor additional

changes in wording are also included in

the revisions along with additional

clarification of when permits may be

needed at a facility.

II. What Are the Provisions of the

Revised Regulation?

The revisions clarify which sources

are covered under the Fuel Burning

Equipment Rule. The revisions indicate

that the provisions of 9 VAC 5 Chapter

40 related to Emission Standards for

Fuel Burning Equipment do not apply to

stationary internal combustion engines.

The definition of fuel burning

equipment has been revised to indicate

clearly that stationary combustion

turbines are considered to be fuel

burning equipment. Two new

definitions have been added to the rule

at 9 VAC 5–40–890. One defines a

‘‘stationary combustion turbine’’ as any

air breathing internal combustion

engine consisting of an air compressor,

combustion chamber, and a turbine

wheel. The definition of a ‘‘stationary

internal combustion engine’’ is an

engine in which fuel is burned within

a machine in which energy is converted

directly into mechanical motion or

work. The energy is used directly for the

production of power, locomotion or

work. Internal combustion engines

include, but are not limited to, diesel

engines, gasoline engines, and diesel

pumps. In addition to these

clarifications of applicability, 9 VAC 5–

40–1040 has been revised to indicate

that permits may be needed for the

operation of a facility.

III. What Are the Environmental Effects

of This Action?

The changes regarding the definition

of fuel burning equipment only clarify

the current interpretation of the

regulations. They do not make the

regulations any more or less stringent.

The revisions, therefore, have no direct

environmental effects in and of

themselves. They do provide the public

and industry with a better

understanding of the type of equipment

regulated under this rule.

IV. Special Provisions Regarding

Virginia

In 1995, Virginia adopted legislation

that provides, subject to certain

conditions, for an environmental

assessment (audit) ‘‘privilege’’ for

voluntary compliance evaluations

performed by a regulated entity. The

legislation further addresses the relative

burden of proof for parties either

asserting the privilege or seeking

disclosure of documents for which the

privilege is claimed. Virginia’s

legislation also provides, subject to

certain conditions, for a penalty waiver

for violations of environmental laws

when a regulated entity discovers such

violations pursuant to a voluntary

compliance evaluation and voluntarily

discloses such violations to the

Commonwealth and takes prompt and

appropriate measures to remedy the

violations. Virginia’s Voluntary

Environmental Assessment Privilege

Law, Va. Code Sec. 10.1–1198, provides

a privilege that protects from disclosure

documents and information about the

content of those documents that are the

product of a voluntary environmental

assessment. The Privilege Law does not

extend to documents or information (1)

that are generated or developed before

the commencement of a voluntary

environmental assessment; (2) that are

prepared independently of the

assessment process; (3) that demonstrate

a clear, imminent and substantial

danger to the public health or

environment; or (4) that are required by

law.

On January 12, 1997, the

Commonwealth of Virginia Office of the

Attorney General provided a legal

opinion that states that the Privilege

law, Va. Code Sec. 10.1–1198, precludes

granting a privilege to documents and

information ‘‘required by law,’’

including documents and information

‘‘required by federal law to maintain

program delegation, authorization or

approval,’’ since Virginia must ‘‘enforce

federally authorized environmental

programs in a manner that is no less

stringent than their federal counterparts.

***’’ The opinion concludes that

‘‘[r]egarding § 10.1–1198, therefore,

documents or other information needed

for civil or criminal enforcement under

one of these programs could not be

privileged because such documents and

information are essential to pursuing

enforcement in a manner required by

federal law to maintain program

delegation, authorization or approval.’’

Virginia’s Immunity law, Va. Code

Sec. 10.1–1199, provides that ‘‘[t]o the

extent consistent with requirements

imposed by Federal law,’’ any person

making a voluntary disclosure of

information to a state agency regarding

a violation of an environmental statute,

regulation, permit, or administrative

order is granted immunity from

administrative or civil penalty. The

Attorney General’s January 12, 1997

opinion states that the quoted language

renders this statute inapplicable to

enforcement of any federally authorized

programs, since ‘‘no immunity could be

afforded from administrative, civil, or

criminal penalties because granting

such immunity would not be consistent

with federal law, which is one of the

criteria for immunity.’’ Therefore, EPA

has determined that Virginia’s Privilege

and Immunity statutes will not preclude

the Commonwealth from enforcing its

program consistent with the federal

requirements. In any event, because

EPA has also determined that a state

audit privilege and immunity law can

affect only state enforcement and cannot

have any impact on federal enforcement

authorities, EPA may at any time invoke

its authority under the Clean Air Act,

including, for example, sections 113,

167, 205, 211 or 213, to enforce the

requirements or prohibitions of the state

plan, independently of any state

enforcement effort. In addition, citizen

enforcement under section 304 of the

Clean Air Act is likewise unaffected by

this, or any, state audit privilege or

immunity law.

Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations 29497

V. EPA Rulemaking Action

We are approving revisions to the

Virginia SIP subumitted by the Virginia

Department of Environmental Quality

on March 27, 2000. The revisions to 9

VAC 5 Chapter 40 pertaining to Fuel

Burning Equipment clarify the

applicability to stationary combustion

turbines and also clarifies when permits

may be needed. We are publishing this

action without prior proposal because

we view this as a noncontroversial

revision 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 adverse

comment by July 2, 2001. Should we

receive such comments, we will publish

a timely withdrawal in the Federal

Register informing the public that the

rule will not take effect. We will address

all public comments in a subsequent

final rule based on the proposed rule.

We will not institute a second comment

period on this action. Any parties

interested in commenting on this action

must do so at this time.

VI. 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 (Pub. L. 104–4). For

the same reason, this rule also does not

significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10, 1998). This rule 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 (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 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

regarding revisions to the Virginia Fuel

Burning Equipment Rule 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, Intergovernmental

relations, Particulate matter, Reporting

and recordkeeping requirements.

Dated: May 17, 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 VV—Virginia

2. In § 52.2420, the entries for 9 VAC

5 Chapter 40, subsections 5–40–880, 5–

40–890, 5–40–900, 5–40–940 and 5–40–

1040 in the ‘‘EPA-Approved Regulations

in the Virginia SIP’’ table in paragraph

(c) are revised to read as follows:

§ 52.2420 Identification of plan.

* * * * *

(c) EPA approved regulations.

29498 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations

EPA-APPROVED REGULATIONS IN THE VIRGINIA SIP

State citation

(9 VAC 5) Title/subject State effective date EPA approval date Explanation (formerSIP citation)

*******

Chapter 40—Existing Stationary Sources

5–40–880 Applicability and designation of affected

facility.

April 1, 1999 5/31/01 66 FR 29498

5–40–890 Definitions .............................................. April 1, 1999 5/31/01 66 FR 29498

5–40–900 Standard for particular matter ................ April 1, 1999 5/31/01 66 FR 29498

*******

5–40–940 Standard for visible emissions ............... April 1, 1999 5/31/01 66 FR 29498

******

5–40–1040 Permits ................................................... April 1, 1999 5/31/01 66 FR 29498

*******

(d) * * *

[FR Doc. 01–13500 Filed 5–30–01; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

National Institutes of Health

42 CFR Part 66

RIN 0925–AA16

National Research Service Awards

AGENCY: National Institutes of Health,

Department of Health and Human

Services.

ACTION: Final rule.

SUMMARY: The National Institutes of

Health (NIH) is amending the

regulations governing National Research

Service Awards (NRSA) in order to

incorporate changes necessitated by

enactment of the Alcohol, Drug Abuse,

and Mental Health Administration

(ADAMHA) Reorganization Act of 1992,

Public Law 102–321, and the National

Institutes of Health Revitalization Act of

1993, Public Law 103–43.

DATES: This final rule is effective on July

2, 2001.

FOR FURTHER INFORMATION CONTACT: Jerry

Moore, NIH Regulations Officer,

National Institutes of Health, 6011

Executive Blvd., Room 601, MSC 7669,

Rockville, MD 20892, or telephone (301)

496–4607 (not a toll-free number). For

further information about the National

Research Service Awards program

contact the Extramural Outreach and

Information Resources Office (EOIRO),

Office of Extramural Research, 6701

Rockledge Drive, Room 6208, MSC

7910, Bethesda, MD 20892–7910, (301)

435–0714 (not a toll-free number).

Information may also be obtained by

contacting the EOIRO via its e-mail

address (asknih@odrockml.od.nih.gov)

and by browsing the NIH Home Page

site on the World Wide Web (http://

www.nih.gov).

SUPPLEMENTARY INFORMATION: The

ADAMHA Reorganization Act of 1992,

Public Law 102–321, was enacted on

July 10, 1992. That Act transferred the

National Institute on Alcohol Abuse and

Alcoholism (NIAAA), the National

Institute on Drug Abuse (NIDA), and the

National Institute of Mental Health

(NIMH) to NIH, effective October 1,

1992, and provided for the

administration of treatment and service

programs under a newly created

Substance Abuse and Mental Health

Services Administration (SAMHSA). In

order to avoid confusion between the

ADAMHA Minority Access to Research

Careers (MARC) program and the NIH

MARC program, the name of the

ADAMHA program was changed to

Career Opportunities in Research

Education and Training (COR).

Currently, the MARC program is

administered by the National Institute of

General Medical Sciences (NIGMS) and

the COR program is administered by the

NIMH. NIH is revising paragraph (g) of

§ 66.102 of the existing regulation to

reflect this name change and the current

organization locations of the respective

programs.

Subsequently, the National Institutes

of Health Revitalization Act of 1993,

Public Law 103–43, was enacted on

June 10, 1993. Provisions of that Act

necessitate that NIH make changes in

both Subparts A and B of the current

regulations governing the NRSA

program.

Section 1601 of Public Law 103–43

directs the Secretary of Health and

Human Services (HHS) to conduct the

NRSA program in a manner that will

result in the recruitment of women and

individuals from disadvantaged

backgrounds (including racial and

ethnic minorities) into fields of

biomedical or behavioral research and

the provision of research training to

women and those individuals. The

United States House of Representatives

report accompanying the NIH

Revitalization Act of 1993 suggested

that NIH consider the possibility of

permitting part-time research training

for women to keep them from losing

training experience while having child

care responsibilities. We are revising

paragraph (b) of § 66.103 of the current

NRSA regulations and adding a new

paragraph (c) to permit individuals, in

cases of disability or pressing family

need, part-time research or training.

Additionally, we are amending

paragraph (a) of § 66.103 by changing

the word ‘‘application’’ to read ‘‘the

award’’ to reflect the current policy with

regard to eligibility requiring that a

recipient must be lawfully admitted to

the United States for permanent

residence at the time of the award rather

than at the time of application.

Section 1602 of the NIH Revitalization

Act of 1993 substantially modifies the

service payback obligation under the

NRSA program. Under provisions of the

new law, only individuals in the first

twelve months of postdoctoral training

incur a payback obligation.

Additionally, individuals may pay back

this obligation by engaging in service for

an equal period of health-related

research or health-related teaching; or, if

individuals receive an NRSA for more

than twelve months, each month

beyond 12 months will count toward

satisfaction of the repayment obligation.

We are amending § 66.105 by revising

paragraphs (a), (b), and (c); revising

§ 66.110 in its entirety; amending

§ 66.111 of subpart A by revising

paragraph (a)(1), the introductory

language of paragraph (b), and

paragraph (b)(4); and amending § 66.205