31548 Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations

not required to submit a rule report

regarding this action under section 801

because this is a rule of particular

applicability.

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 August 13, 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,

Reporting and recordkeeping

requirements, Sulfur dioxide.

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

Dated: May 8, 2001.

Norman Niedergang,

Acting Regional Administrator, Region 5.

Title 40 of the Code of Federal

Regulations, chapter I, 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.

2. Section 52.1220 is amended by

adding paragraph (c)(57) to read as

follows:

§ 52.1220 Identification of plan.

* * * * *

(c) * * *

(57) On December 20, 2000, the State

of Minnesota submitted a site-specific

State Implementation Plan (SIP)

revision for the control of emissions of

sulfur dioxide (SO2) for Koch Petroleum

Group, L.P., located in the Pine Bend

Area of Rosemount, Dakota County,

Minnesota. Specifically, EPA is

approving into the SO2 SIP Amendment

No. 4 to the Administrative Order

previously approved in paragraph

(c)(35) of this section.

(i) Incorporation by reference.

(A) An administrative order identified

as Amendment Four to Findings and

Order by Stipulation, for Koch

Petroleum Group, L.P., dated and

effective December 19, 2000, submitted

December 20, 2000.

[FR Doc. 01–14614 Filed 6–11–01; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[SIP No. MT–001–0034a, MT–001–0035a;

FRL–6991–1]

Approval and Promulgation of Air

Quality Implementation Plans;

Montana; Emergency Episode

Avoidance Plan and Cascade County

Open Burning Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action approving State Implementation

Plan (SIP) revisions submitted by the

State of Montana on February 9, 2001.

This submittal revises the State’s

Emergency Episode Avoidance Plan and

Cascade County’s Local Regulation

Chapter 7, Open Burning. In addition,

Billings and Great Falls Carbon

Monoxide Limited Maintenance Plans

were submitted on February 9, 2001.

EPA will act on the Billings and Great

Falls Plans at a later date. This action is

being taken under section 110 of the

Clean Air Act, 42 U.S.C. section 7410.

DATES: This rule is effective on August

13, 2001 without further notice, unless

EPA receives adverse comment by July

12, 2001. If adverse comment is

received, EPA will publish a timely

withdrawal of the direct final rule in the

Federal Register informing the public

that the rule will not take effect.

ADDRESSES: Written comments may be

mailed to Richard R. Long, Director, Air

and Radiation Program, Mailcode 8P–

AR, Environmental Protection Agency

(EPA), Region 8, 999 18th Street, Suite

300, Denver, Colorado, 80202. Copies of

the documents relevant to this action

are available for public inspection

during normal business hours at the Air

and Radiation Program, Environmental

Protection Agency, Region 8, 999 18th

Street, Suite 300, Denver, Colorado,

80202 and copies of the Incorporation

by Reference material are available at

the Air and Radiation Docket and

Information Center, Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460. Copies of the

State documents relevant to this action

are available for public inspection at the

Montana Department of Environmental

Quality, Air and Waste Management

Bureau, 1520 E. 6th Avenue, Helena,

Montana 59620.

FOR FURTHER INFORMATION CONTACT:

Laurie Ostrand, EPA, Region 8, (303)

312–6437.

SUPPLEMENTARY INFORMATION: For the

purpose of this document, we are giving

meaning to certain words as follows: (a)

The words ‘‘EPA,’’ ‘‘we,’’ ‘‘us’’ or ‘‘our’’

mean or refer to the United States

Environmental Protection Agency. (b)

The words State or Montana mean the

State of Montana unless the context

indicates otherwise. (c) The initials

MDEQ mean the Montana Department

of Environmental Quality.

I. Summary of SIP Revision

On February 9, 2001, the State of

Montana submitted a formal revision to

its State Implementation Plan (SIP). The

SIP revision consists of updates to the

Montana Emergency Episode Avoidance

Plan (EEAP) and Cascade County’s

Local Regulation Chapter 7, Open

Burning. Other revisions to the SIP were

also submitted on February 9, 2001 but

will be acted on at a later date.

Montana’s Emergency Episode

Avoidance Plan

The February 9, 2001 submittal

revises Montana’s Emergency Episode

Avoidance Plan (EEAP). The submittal

revises the priority classification of two

of the Air Quality Control Regions

(AQCR) based on more current ambient

data; replaces the references to the

National Weather Service with

references to the MDEQ meteorological

staff; and makes grammatical

corrections.

We last approved revisions to

Montana’s EEAP on December 6, 1999

(64 FR 68034). We are approving the

2001 revisions to Montana’s EEAP and

updating 40 CFR 52.1371 to indicate the

current emergency episode priority

classifications for the AQCRs.

Cascade County Air Pollution Control

Program Regulation Chapter 7, Open

Burning

In addition, the February 9, 2001

submittal revises the Cascade County

Air Pollution Control Program. The

submittal consists solely of Regulation

Chapter 7, Open Burning. The Cascade

County open burning regulations only

apply to minor open burning sources.

Major open burning sources are subject

to the State’s open burning regulations.

We believe it is appropriate to

incorporate local air pollution control

programs in the SIP if the program is

needed for attainment and maintenance

of any National Ambient Air Quality

Standard (NAAQS). The State’s Group II

PM–10 SIP relies on many rules,

Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations 31549

including the State’s open burning

rules, to assure maintenance of the PM–

10 NAAQS. We approved the Group II

PM–10 SIP on January 20, 1994 (59 FR

2988). By approving the Cascade County

Regulation Chapter 7, the State has

given Cascade County the responsibility

to ensure that State open burning rules

are met for minor open burning sources.

Since the County is implementing

measures that the State is relying upon

to assure that the PM–10 SIP NAAQS

are maintained, we believe it is

appropriate to incorporate the County’s

open burning rules in the SIP. In

addition, including the County’s open

burning rules in the SIP will make the

County open burning program federally

enforceable, further assuring the

effectiveness of the PM–10 plan. We are

approving the Cascade County Air

Pollution Control Program Regulation

Chapter 7, Open Burning, into the SIP.

On May 22, 1995 the Governor of

Montana submitted a SIP revision

regarding the Cascade County Air

Pollution Control Program. The May 22,

1995 submittal was later superseded by

another SIP revision for Cascade County

Air Pollution Control Program

submitted by the Governor on

September 4, 1997. To date we have not

acted on the May 22, 1995 or September

4, 1997 submittals. The February 9,

2001 letter from the Governor of

Montana indicates that the recent

modifications to the Cascade County Air

Pollution Control Program now

supercede the 1997 submittal and,

therefore, rescinds the September 4,

1997 submittal. We are not acting on the

September 4, 1997 submittal, nor the

May 22, 1995 submittal.

II. Final Action

We are approving the revisions to the

Montana Emergency Episode Avoidance

Plan into the SIP and updating 40 CFR

52.1371 to indicate the current

emergency episode priority

classifications for the AQCRs. In

addition, we are approving the Cascade

County Air Pollution Control Program

Regulation Chapter 7, Open Burning,

into the SIP.

EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the ‘‘Proposed

Rules’’ section of today’s Federal

Register publication, EPA is 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 August 13, 2001

without further notice unless the

Agency receives adverse comments by

July 12, 2001. If the EPA receives

adverse comments, 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. The 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.

III. 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 (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.).

The Congressional Review Act, 5

U.S.C. section 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. 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. section 804(2). This rule will be

effective August 13, 2001 unless EPA

receives adverse written comments by

July 12, 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 August 13, 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

31550 Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Particulate matter,

Reporting and recordkeeping

requirements, Sulfur oxides.

Dated: May 22, 2001.

Patricia D. Hull,

Acting Regional Administrator, Region 8.

40 CFR part 52, subpart BB of chapter

I, title 40 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 BB—Montana

2. Section 52.1370 is amended by

adding paragraph (c)(50) to read as

follows:

§ 52.1370 Identification of plan.

* * * * *

(c) * * *

(50) On February 9, 2001, the

Governor of Montana submitted

revisions to Montana’s Emergency

Episode Avoidance Plan and Cascade

County Air Pollution Control Program

Regulation Chapter 7, Open Burning.

(i) Incorporation by reference.

(A) Board Order issued on October 16,

2000, by the Montana Board of

Environmental Review approving the

Cascade County Air Pollution Control

Program.

(B) Cascade County Air Pollution

Control Program, Regulation Chapter 7,

Open Burning, effective October 16,

2000.

(C) March 16, 2001 letter from Debra

Wolfe, Montana Department of

Environmental Quality, to Laurie

Ostrand, EPA Region 8, explaining the

effective date of the Cascade County Air

Pollution Control Program Regulation

Chapter 7, Open Burning.

3. Section 52.1371 is amended by

revising the introductory text and

revising the entries ‘‘Helena Intrastate

AQCR 142’’ and ‘‘Missoula Intrastate

AQCR144’’ in the table to read as

follows:

§ 52.1371 Classification of regions.

The Montana Emergency Episode

Avoidance Plan was revised with a

February 9, 2001 submittal by the

Governor. The February 9, 2001

Emergency Episode Avoidance Plan

classified the Air Quality Control

Regions (AQCR) as follows:

Air quality control regions (AQCR)

Pollutant

Particulate

matter Sulfur oxide Nitrogendixoide

Carbon monoxide Ozone

*******

Helena Intrastate AQCR 142 ........................................................... II III III III III

*******

Missoula Intrastate AQCR 144 ......................................................... II III III III III

[FR Doc. 01–14612 Filed 6–11–01; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IN133–1a; FRL–6990–1]

Approval and Promulgation of

Implementation Plans; Indiana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving

revisions to the particulate matter (PM)

regulations for Rolls-Royce Allison

(Rolls-Royce), formerly Allison Engine

Company. This facility is located in

Marion County, Indiana. The Indiana

Department of Environmental

Management (IDEM) submitted the

revised regulation on August 31, 2000 as

a requested amendment to its State

Implementation Plan (SIP). The

revisions consist of a name change for

the company and the addition of an

alternate fuel. These requested SIP

revisions do not change Rolls-Royce’s

emissions limits.

DATES: This rule is effective on August

13, 2001, unless the EPA receives

relevant adverse written comments by

July 12, 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

Number: (312) 886–6524, E-Mail

Address: 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 changes from the current

rules?

III. What supporting materials did Indiana

provide?

IV. What are the environmental effects of

these actions?

V. EPA rulemaking actions

VI. Administrative requirements

I. What Is the EPA Approving?

The EPA is approving revisions to

Indiana’s SIP for particulate matter

regulations for Rolls-Royce Allison in

Marion County, Indiana. IDEM

submitted the revised regulation on

August 31, 2000 as an amendment to

rule 326 IAC 6–1–12.

The revisions consist of a name

change for the company and the

addition of landfill gas as an alternate

fuel. Rolls-Royce Allison was formerly

the Allison Engine Company. There is

no change to the PM emissions limits.