Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations 29491

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)(138) to read as

follows:

§ 52.770 Identification of plan.

* * * * *

(c) * * *

(138) On August 2, 2000, Indiana

submitted revised total suspended

particulate emissions regulations for

Illinois Cereal Mills, Incorporated in

Marion County, Indiana. The submittal

amends 326 IAC 6–1–12(a). It includes

an increase in the annual particulate

matter limit from 0.7 tons per year

(TPY) to 1.0 TPY for a boiler and a

decrease in the annual limit from 6.3

TPY to 6.0 TPY for a grain elevator.

(i) Incorporation by reference.

Emissions limits for Illinois Cereal

Mills, Incorporated in Marion County

contained in Indiana Administrative

Code Title 326: Air Pollution Control

Board, Article 6: Particulate Rules, Rule

1: Non-attainment Area Limitations,

Section 12: Marion County, subsection

(a). Filed with the Secretary of State on

May 26, 2000 and effective on June 25,

2000. Published in 23 Indiana Register

2414 on July 1, 2000.

[FR Doc. 01–13506 Filed 5–30–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[LA40–1–7338a; FRL–6988–4]

Approval and Promulgation of

Implementation Plan; Louisiana;

Nonattainment Major Stationary

Source Revision

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This action approves a

revision to the Louisiana State

Implementation Plan (SIP) relating to

‘‘Nonattainment New Source Review

Procedures.’’ This revision was

submitted on July 25, 1997, by the

Governor of Louisiana to EPA for

approval. This revision removes a

provision from the State’s regulation, in

Title 33 of the Louisiana Administrative

Code (LAC), chapter 5, section 504, that

treated nitrogen oxides (NOX) as

precursors to ozone in ozone

nonattainment areas. This makes the

regulation consistent with earlier

actions by EPA that exempted NOX as

an ozone precursor in the Baton Rouge

and Lake Charles nonattainment areas.

Such exemptions are conditional and

may be rescinded in which event

section 504 would need to again be

modified. By letter from Governor

Foster to EPA dated March 5, 2001, the

State has indicated that it is in fact

considering a request for recission of the

waiver. Despite such, however, EPA

must first act on the State’s prior request

for a NOX waiver and any regulations

that the State adopted to implement

such NOX waiver pursuant to section

110(k) of the Act. In addition, this

regulation also contains several

administrative revisions that are nonsubstantive in nature and do not alter

the meaning of this rule (such as

corrections of capitalization errors).

This rulemaking action is being taken

under sections 110, 301, and part D of

the Federal Clean Air Act (Act).

DATES: This action is effective on July

30, 2001, unless adverse or critical

comments are received by July 2, 2001.

If EPA receives such comments, then it

will publish a timely withdrawal in the

Federal Register informing the public

that this rule will not take effect.

ADDRESSES: Please address written

comments on this action to Ms. Jole

Luehrs, Chief, Air Permits Section,

Mailcode 6PD–R, Attention: Ms. Wendy

Jacques at the EPA Region 6 Office

listed below. Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the following

locations:

Environmental Protection Agency,

Region 6, Air Permits Section (6PD–

R), 1445 Ross Avenue, Dallas, Texas

75202–2733

Louisiana Department of Environmental

Quality, H. B. Garlock Building,

7290 Bluebonnet Boulevard, Baton

Rouge, Louisiana 70810

FOR FURTHER INFORMATION CONTACT: Ms.

Wendy Jacques of the EPA Region 6 Air

Permits Section at (214) 665–7395.

SUPPLEMENTARY INFORMATION:

Throughout this document ‘‘we,’’ ‘‘us,’’

or ‘‘our’’ means EPA.

Table of Contents

I. What Action Are We Taking Today?

II. What is the Background of Section 504?

III. What Does Section 182(f) of the Act

Require?

IV. EPA Analysis

V. Final Action

VI. Administrative Requirements

I. What Action Are We Taking Today?

Today’s action approves the removal

of a provision from Title 33 LAC,

chapter 5, section 504, that treated NOX

as a precursor to ozone in current ozone

nonattainment areas. This makes the

regulation consistent with earlier

actions by EPA to exempt NOX as an

ozone precursor. This exemption was

based on modeling that demonstrated

that additional NOX reductions would

not contribute to attainment of the

National Ambient Air Quality Standard

(NAAQS) for ozone in the current

nonattainment areas. In addition, we are

approving several administrative

revisions that are non-substantive in

nature and do not alter the meaning of

this rule.

II. What Is the Background of Section

504?

The State of Louisiana submitted to

EPA two separate rule revisions to Title

33 of the LAC, chapter 5, section 504.

The base rule was initially approved by

EPA on October 10, 1997 (see 62 FR

52948). The first revision to section 504

29492 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations

1Consisting of the following parishes in

Louisiana: Ascension, East Baton Rouge, Iberville,

Livingston, and West Baton Rouge (see 40 CFR

81.319).

2Further, we approved the redesignation of

Calcasieu to attainment for ozone on April 10, 1997,

and which was published on May 2, 1997 (see 62

FR 24036).

was submitted to EPA on May 9, 1997,

and was approved by EPA on January 5,

1999 (see 64 FR 415). The second

revision to section 504, which this

action will act upon, was submitted to

EPA on July 25, 1997, as 1996 General

SIP revisions. The July 25, 1997,

submittal was adopted by the State of

Louisiana previous to the adoption of

the May 9, 1997, submittal. However,

since the revisions were submitted out

of sequence, EPA first approved the May

9, 1997, submittal. Today’s action

approves the chapter 5, section 504,

portion of the 1996 General SIP

revisions which were adopted on

December 20, 1995, and submitted to

EPA on July 25, 1997, by the Governor

of Louisiana. The EPA will act on the

remainder of the July 25, 1997,

submittal in a separate action.

The EPA has exempted NOX

precursors to ozone based on a

demonstration that additional NOX

reductions would not contribute to

attainment of the NAAQS for ozone in

the current nonattainment areas. The

EPA previously approved the exemption

(under section 182(f) of the Act) of NOX

requirements for the serious ozone

nonattainment area of Baton Rouge 1 on

January 26, 1996 (see 61 FR 2438). The

EPA approved the exemption of NOX

requirements for the marginal ozone

nonattainment area of Lake Charles

(Calcasieu Parish) on May 29, 1997 (see

62 FR 29072).2

III. What Does Section 182(f) of the Act

Require?

Section 182(f) of the Act sets forth the

presumption that NOX is an ozone

precursor unless the Administrator

makes a finding of nonapplicability or

grants a waiver pursuant to criteria

contained in that subsection.

Specifically, section 182(f) provides that

requirements applicable for major

stationary sources of volatile organic

compounds shall apply to major

stationary sources of NOX, unless

otherwise determined by the

Administrator, based upon certain

determinations related to the benefits or

contribution of NOX control to air

quality, ozone attainment, or ozone air

quality. In the revised rule, NOX has

been removed based on a demonstration

that additional NOX reductions would

not contribute to attainment of the

NAAQS for ozone in the current

nonattainment areas.

IV. EPA Analysis

The EPA has exempted major sources

located in ozone nonattainment areas in

Louisiana from applicable NOX control

requirements of section 182(f) of the Act

based upon NOX waivers previously

approved by EPA. The EPA is approving

revisions to section 504 which make the

State regulation consistent with those

previously approved waivers. We note

that pursuant to section 182(f) of the Act

those previously approved waivers are

conditional and may be rescinded.

Therefore, section 504 may again need

to be modified if the previously

approved waivers are rescinded. By

letter from Governor Foster to EPA

dated March 5, 2001, the State has

indicated that it is in fact considering a

request for recission of the waiver.

Despite such, however, EPA must first

act on the State’s prior request for a NOX

waiver and any regulations that the

State adopted to implement such NOX

waiver pursuant to section 110(k) of the

Act. For a detailed analysis of this rule,

a Technical Support Document is

included in the public docket at the

addresses listed above.

V. Final Action

The EPA is publishing this rule

without prior proposal because we view

this as a noncontroversial amendment

and anticipate no adverse comments.

However, in the ‘‘Proposed Rules’’

section of this Federal Register

publication, EPA is publishing a

separate document that will serve as the

proposal to approve the SIP revision if

relevant adverse comments are received.

This rule will be effective on July 30,

2001 without further notice unless EPA

receives relevant adverse comments by

July 2, 2001.

If EPA receives relevant adverse

comments, then EPA will publish a

timely withdrawal in the Federal

Register informing the public that the

rule will not take effect. The EPA will

address all public comments in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period on

this action. Any parties interested in

commenting 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 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

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 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 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. The EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

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.