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.

Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations 31551

II. What Are the Changes From the

Current Rules?

The company has changed its name

from Allison Engine Company to RollsRoyce Allison.

Indiana has approved the addition of

landfill gas as an alternate fuel. Landfill

gas can fuel boilers 1 through 4 of plant

5 in place of coal, #2 fuel oil, #4 fuel

oil, or natural gas. For boilers 3, 4, and

7 through 10 of plant 8, landfill gas can

substitute for #6 fuel oil, #4 fuel oil, #2

fuel oil, and natural gas. Each cubic foot

of landfill gas burned reduces the

allowed amount of #4 fuel oil

(37,142,800 gallons) by 0.00116 gallons.

III. What Supporting Materials Did

Indiana Provide?

Indiana provided public hearing

testimony from a Rolls-Royce official.

According to this testimony, the landfill

gas project will reduce nitrogen oxides

emissions by 12.6 tons per year (TPY)

from the Rolls-Royce facility and 17

TPY from the nearby Southside Landfill.

The landfill gas is being flared on-site.

The particulate matter emissions will

not increase. Landfill gas use will

reduce the burning of fossil fuels.

Rolls-Royce Allison found the heating

value of the landfill gas is

approximately 512 British Thermal

Units per cubic foot (BTU/ft3). Using an

emissions factor of 0.014 pounds per

million British Thermal Units (lb/

MMBTU), the maximum particulate

emissions from burning landfill gas,

measured as total suspended particulate

(TSP), is about 115 TPY. This is below

the current particulate matter emissions

limit of 130 TPY of TSP.

IV. What Are the Environmental Effects

of These Actions?

This SIP revision will result in no

increase of particulate matter emissions

from Rolls-Royce Allison. The use of

landfill gas may even decrease PM

emissions. Burning landfill gas instead

of fossil fuels also creates a reduction in

emissions of nitrogen oxides. Nitrogen

oxides are precursor pollutants to

ground-level ozone and fine particulate

formation. Also, the use of landfill gas

in place of coal or fuel oil should reduce

sulfur oxide emissions. Sulfur oxides

emissions lead to acid rain and fine

particulate matter. Emissions of

methane, a known greenhouse gas, to

the atmosphere from the landfill will be

reduced by approving these actions.

V. EPA Rulemaking Actions

The EPA is approving, through direct

final rulemaking, revisions to the

particulate matter emissions regulations

for Rolls-Royce Allison in Marion

County, Indiana. These revisions change

the name of the Allison Engine

Company to Rolls-Royce Allison. These

revisions also include the addition of

landfill gas as alternate fuel. Landfill gas

can fuel boilers 1 through 4 of plant 5

in place of coal, #2 fuel oil, #4 fuel oil,

or natural gas. For boilers 3, 4, and 7

through 10 of plant 8, landfill gas can

substitute for #6 fuel oil, #4 fuel oil, #2

fuel oil, and natural gas. Each cubic foot

of landfill gas burned reduces the

allowed amount of #4 fuel oil

(37,142,800 gallons) by 0.00116 gallons.

Boilers 5 and 6 of plant 8 may not

operate.

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

August 13, 2001 without further notice

unless we receive relevant adverse

written comment by July 12, 2001. If the

EPA receives adverse 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 (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. EPA will submit a report

containing this rule and other required

information to the U.S. Senate, the U.S.

31552 Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations

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. 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

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.

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)(140) to read as

follows:

§ 52.770 Identification of plan.

* * * * *

(c) * * *

(140) On August 31, 2000, Indiana

submitted revised particulate matter

emissions regulations for Rolls-Royce

Allison in Marion County, Indiana. The

submittal amends 326 IAC 6–1–12(a). It

includes a name change for the

company from the Allison Engine

Company to Rolls-Royce Allison and the

addition of an alternate fuel, landfill

gas. Landfill gas can be used in boilers

1 through 4 of plant 5 and boilers 3, 4,

and 7 through 10 of plant 8. These state

implementation plan revisions do not

change the particulate matter emissions

limits.

(i) Incorporated by reference.

Amendments to 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

2419 on July 1, 2000.

[FR Doc. 01–14610 Filed 6–11–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OH140–1a; FRL–6991–9]

Approval and Promulgation of

Implementation Plans; OH

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving

revisions to sulfur dioxide (SO2)

emissions regulations for the Lubrizol

Corporation (Lubrizol). This facility is

located in Lake County, Ohio. The Ohio

Environmental Protection Agency (Ohio

EPA) submitted Director’s Final

Findings and Orders (Orders) for the

Lubrizol facility on November 9, 2000.

These Orders are revisions to the Ohio

State Implementation Plan (SIP). The

revisions are the adjustment of six shortterm emissions limits, the addition of an

annual emissions limit, and the addition

of a continuous emission rate

monitoring system (CERMS)

requirement for the Lubrizol facility.

Three short-term emissions limits are

relaxed and three short-term are

tightened. There is no increase in the

total potential short-term SO2 emissions.

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 Ohio’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. Limit changes from the current rules.

III. Analysis of supporting materials

provided by Ohio.

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 the

sulfur dioxide emissions regulations for

the Lubrizol facility in Lake County,

Ohio. Ohio EPA submitted the revised

regulation on November 9, 2000, as an

amendment to its SIP.

The revisions include the relaxation

of three short-term SO2 emissions limits

and the tightening of three short-term

limits. There is no increase in the total

potential short-term SO2 emissions. An

annual SO2 emissions limit is

established. Also, a continuous

emission rate monitoring system is

required.

II. Limit Changes From the Current

Rules

Ohio has revised six short-term

emissions limits at Lubrizol’s

Painesville facility. The limit change for

source L (Source ID P011) is from 12.6

to 2.4 pounds of sulfur dioxide per hour

(lb/hr). Source M (P012) changes from

15.0 to 160.0 lb/hr, source N (P013)

changes from 23.5 to 25.0 lb/hr, source

O changes from 14.5 to 10.0 lb/hr,

source W (P022) changes from 163.5 to

20.0 lb/hr, and the limit for source AC

(P030) changes from 18.4 to 30.0 lb/hr.

The total emissions limit of the six

sources remains at approximately 247.4

lb/hr. All six sources vent through

incinerators to a common stack.

An annual sulfur dioxide emissions

limit of 100 tons per year (TPY) is

established. Previously, the facility’s

potential to emit sulfur dioxide was

1084 TPY. A continuous emission rate

monitoring system (CERMS) is required

at the facility. The CERMS measures