Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Rules and Regulations 32231

loan assumption agreements, deeds

tendered upon satisfaction or

conversion of an installment land sales

contract, and documents related to

filing, pursuing and settling claims with

hazard insurance companies.

The Director of the VA Loan Guaranty

Service, Washington, DC, will maintain

a log listing all corporate officers of the

contractor who have been authorized to

execute documents and the dates during

which these persons were authorized to

act. VA will also maintain copies of

resolutions of the contractor’s board of

directors authorizing these persons to

execute these documents. Those files

will be available for public inspection

and copying during normal business

hours at the Office of the Director of VA

Loan Guaranty Service, Washington, DC

20420.

This authority does not apply,

however, with respect to loans under

the pilot program for multifamily

transitional housing projects for

homeless veterans under 38 U.S.C.

chapter 37, subchapter vi. Such loans

will not be serviced by the contractor

servicing the VA loan portfolio.

The provisions of 38 CFR 36.4342(e)

are published without regard to the

notice and comment and delayed

effective date provisions of 5 U.S.C. 553

since they relate to agency management

and personnel and are not substantive

rules.

Paperwork Reduction Act

This document contains no provisions

constituting a collection of information

under the Paperwork Reduction Act (44

U.S.C. 3501–3520).

Executive Order 12866

This document has been reviewed by

the Office of Management and Budget

under Executive Order 12866.

Regulatory Flexibility Act

The Secretary of Veterans Affairs

hereby certifies that this final rule will

not have a significant economic impact

on a substantial number of small entities

as they are defined in the Regulatory

Flexibility Act, 5 U.S.C. 601–612. The

final rule relates to agency management

and personnel and does not contain

substantive provisions. Accordingly,

pursuant to 5 U.S.C. 605(b), this final

rule is exempt from the initial and final

regulatory flexibility analysis

requirements of §§ 603 and 604.

There is no Catalog of Federal

Domestic Assistance number for this

program.

List of Subjects in 38 CFR Part 36

Condominiums, Housing, Indians,

Individuals with disabilities, Loan

programs-housing and community

development, Loan programs, Indians,

Loan programs-veterans, Manufactured

homes, Mortgage insurance, Reporting

and recordkeeping requirements,

Veterans.

Approved: March 14, 2001.

Anthony J. Principi,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR is amended as set

forth below.

PART 36—LOAN GUARANTY

1. The authority citation of part 36

continues to read as follows:

Authority: 38 U.S.C. 501, 3701–3704, 3707,

3710–3714, 3719, 3720, 3729, 3762, unless

otherwise noted.

2. In § 36.4342, paragraph (e) is added

immediately following paragraph (d);

and the authority citation at the end of

the section is revised to read as follows:

§ 36.4342 Delegation of authority.

* * * * *

(e)(1) Authority is hereby delegated to

the officers, designated in paragraph

(e)(2) of this section, of the entity

performing loan servicing functions

under a contract with the Secretary to

execute on behalf of the Secretary all

documents necessary for the servicing

and termination of a loan made or

acquired by the Secretary pursuant to 38

U.S.C. chapter 37 (other than under

subchapter vi of that chapter).

Documents executed under this

paragraph include but are not limited to:

loan modification agreements, notices of

default and other documents necessary

for loan foreclosure or termination,

notices of appointment or substitution

of trustees under mortgages or deeds of

trust, releases or satisfactions of

mortgages or deeds of trust, acceptance

of deeds-in-lieu of foreclosure, loan

assumption agreements, loan

assignments, deeds tendered upon

satisfaction or conversion of an

installment land sales contract, and

documents related to filing, pursuing

and settling claims with insurance

companies relating to hazard coverage

on properties securing loans being

serviced.

(2) The designated officers are: Vice

President, Assistant Vice President, and

Assistant Secretary.

(3) The Director, Loan Guaranty

Service, Washington, DC, shall maintain

a log listing all persons authorized to

execute documents pursuant to

paragraph (e) of this section and the

dates such persons held such authority,

together with certified copies of

resolutions of the board of directors of

the entity authorizing such individuals

to perform the functions specified in

paragraph (e)(1) of this section. These

records shall be available for public

inspection and copying at the Office of

the Director of VA Loan Guaranty

Service, Washington, DC 20420.

(Authority: 38 U.S.C. 501, 3720(a)(5))

[FR Doc. 01–15069 Filed 6–13–01; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[DE053–1029a; FRL–6996–5]

Approval and Promulgation of Air

Quality Implementation Plans;

Delaware; Conversion of the

Conditional Approval of the NOX RACT

Regulation to a Full Approval and

Approval of NOX RACT Determinations

for Three Sources

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action to approve revisions to the

Delaware State Implementation Plan

(SIP) submitted by the Delaware

Department of Natural Resources and

Environmental Control (DNREC). These

revisions were submitted to satisfy the

condition imposed by EPA in its

conditional limited approval of

Delaware’s regulation requiring

reasonably available control technology

(RACT) for major sources of nitrogen

oxides ( NOX). This action converts

EPA’s conditional limited approval of

Delaware Regulation 12, Control of NOX

Emissions, to a full approval. EPA is

also taking direct final action to approve

three source-specific NOX RACT

determinations. These actions are being

taken under the Clean Air Act (CAA).

DATES: This rule is effective on August

13, 2001 without further notice, unless

EPA receives adverse written comment

by July 16, 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,

Philadelphia, Pennsylvania 19103.

Copies of the documents relevant to this

action are available for public

inspection during normal business

32232 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Rules and Regulations

hours at the Air Protection Division,

U.S. Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103; and

Delaware Department of Natural

Resources & Environmental Control, 89

Kings Highway, Dover Delaware 19901.

FOR FURTHER INFORMATION CONTACT: Rose

Quinto, (215) 814–2182 and Melik

Spain, (215) 814–2299, at the EPA

Region III address above, or by e-mail at

quinto.rose@epa.gov and

spain.melik@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

Pursuant to sections 182(b)(2) and

182(f) of CAA, Delaware is required to

implement RACT for all major NOX

sources. The major source size is

determined by its location, the

classification of that area and whether it

is located in the ozone transport region

(OTR), which is established by the CAA.

The Delaware portion of the

Philadelphia-Wilmington-Trenton

ozone nonattainment area consists of

New Castle and Kent Counties and is

classified as severe. Under section 184

of the CAA, at a minimum, moderate

ozone nonattainment area requirements,

including RACT as specified in sections

182(b)(2) and 182(f), apply throughout

the OTR. The entire State of Delaware

is in the OTR. Therefore, RACT is

applicable statewide in Delaware.

On June 16, 1999 (64 FR 32187), EPA

granted conditional limited approval of

Delaware’s Regulation 12, Control of

NOX Emissions which requires all major

sources of NOX to implement RACT.

Section 5 of Regulation 12 provides for

DNREC to make source-specific NOX

RACT determinations and to submit

them to EPA as SIP revisions. To fulfill

the condition imposed by EPA in its

June 16, 1999 conditional limited

approval of Regulation 12, DNREC was

required to certify, by no later than July

17, 2000, that it had submitted all

required case-by-case NOX RACT

determinations for all known subject

sources to EPA. The conditional nature

of EPA’s June 16, 1999 approval of

Regulation 12 would be removed once

EPA determined that DNREC had

satisfied this condition. The limited

nature of EPA’s June 16, 1999 approval

would be removed once EPA had

approved all of the case-by-case RACT

determinations submitted by DNREC in

fulfillment of the condition described

above.

II. Summary of SIP Revision and EPA’s

Evaluation

On July 13, 2000, DNREC formally

submitted revisions to its SIP consisting

of four case-by-case RACT

determinations made for four processes

located at three separate major sources

of NOX in Delaware. The July 13, 2000

submittal also included certification by

the Secretary of DNREC that the four

case-by-case RACT determinations

submitted to EPA to establish RACT at

these three major sources of NOX

represent all required case-by-case NOX

RACT determinations for all known

subject sources. EPA has determined

that DNREC has satisfied the condition

imposed in the June 16, 1999

conditional limited approval (64 FR

32187).

The three major sources for which

DNREC has submitted case-by-case

RACT determinations are: SPI Polyols,

Incorporated, New Castle; CitiSteel,

Claymont; and General Chemical

Corporation, Claymont. The NOX RACT

determinations and requirements of

each source are included in the

Delaware Register of Regulations,

Volume 3, Issue 12, June 1, 2000. The

specific NOX RACT determinations for

these three sources are summarized

below.

Case-by-Case NOX RACT Evaluations

SPI Polyols, Incorporated, Atlas Point

Site, New Castle, Delaware: SPI Polyols,

Incorporated (SPI) operates a

Polyhydrate Alcohol Catalyst

Regenerative process at its Atlas Point

Plant in New Castle County, Delaware.

This batch process involves treatment

and regeneration of the spent nickel

catalyst that is recovered from process

waste streams of the sugar reduction

process. One step in the catalyst

regeneration process involves the use of

nitric acid (HNO3) digesters. SPI

operates 4 batch HNO3 digesters. The

exothermic reaction of HNO3 with spent

nickel catalyst generates NOX. The NOX

emissions are mainly associated with

the addition of HNO3 to the digester

tanks. Stack testing at the site indicates

that the average emissions rate from this

process is approximately 0.8 pounds per

hour, or 3.5 tons of NOX per year.

DNREC imposes two means of

controlling the NOX emissions that

come from this process: (1) Process

control and (2) operation of a counter

flow spray scrubbing system and packed

column. With respect to process control,

SPI must minimize the formation of

NOX by controlling the rate of HNO3

added to the digesters. SPI must

submerge the HNO3 feed into the mixing

zone of the digester tank. SPI must add

HNO3 to only one digester tank at any

particular time under a controlled

temperature range. SPI must monitor the

flow rate of HNO3 addition and calibrate

each HNO3 flow meter and temperature

monitor in accordance with the

recommendations of the manufacturer,

using sound engineering and air

pollution control practices. With respect

to the scrubber system, off-gas from the

digester tanks will be collected and

routed to the scrubber. There are to be

no visible emissions at the scrubber

outlet. There are two water spray

nozzles at the bottom of the scrubber,

upstream of the column, to cool the

temperature of the gas before entering

the column. The column is packed with

plastic. The scrubbing system is

equipped with an air dilution valve to

promote the oxidation of any NOX to

water soluble nitrogen dioxide. It

should be noted that the scrubber treats

NOX from a process that operates in

batch mode. Therefore, NOX emissions

are not continuous. Moreover, emissions

of NOX from this process are inherently

low. At temperatures of 70 to 120

degrees Fahrenheit, NOX concentrations

of approximately 5 to 350 parts per

million (ppm), and flow rates of 2000 to

9000 square cubic feet per minute

(scfm); the reaction rates are slow and

the removal of NOX using a water

contact scrubber is minimal. Therefore,

DNREC views NOX RACT as

maintenance of these low NOX levels

using the scrubber. SPI must inspect the

components of the scrubber and

calibrate the differential pressure gauge

pursuant to the manufacturer’s

recommendation at least once per year.

The scrubber will be operated using

good engineering and air pollution

control practices. DNREC has imposed

record-keeping requirements on SPI

sufficient to determine compliance with

the applicable RACT determinations.

EPA is approving the NOX RACT

determination made by DNREC for SPI

as a revision to the Delaware SIP.

CitiSteel USA, Incorporated,

Claymont, Delaware: Citisteel USA,

Incorporated (Citisteel) produces molten

steel by melting scrap steel. Citisteel

operates an Electric Arc Furnace (EAF)

rated at a 150 tons per charge. The EAF

is operated in a batch mode. Citisteel’s

EAF operates at temperatures above

3,000 degrees Farenheit, which is

conducive to thermal NOX formation.

The majority of the facility’s NOX

emissions result from conditions

conducive for thermal NOX formation

combined with the infiltration of

ambient shop air. Nitrogen contained in

the scrap steel is oxidized and released

inside the EAF vessel, but contributes

very little to the total NOX emissions.

Stack tests conducted on April 24 and

25, 1996 established an average

emission rate of 0.36 pounds per ton of

steel produced or 97.2 tons of NOX per

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Rules and Regulations 32233

year based 540,000 tons of steel

produced per year. Typical fuel fired

combustion equipment applied to NOX

emitting sources are not technically

feasible for an EAF. As noted above, the

EAF operates in batches and thus has

varying temperatures and flow rates as

well as high particulate concentrations

that would blind a catalyst. Therefore,

DNREC will impose no additional

requirements on the Citisteel’s EAF

operations. A well designed exhaust

system constitutes RACT in compliance

with Regulation No. 12 of the Delaware

Regulations Governing the Control of

Air Pollution. EPA is approving

Delaware’s submittal containing the

NOX RACT determination made by

DNREC for Citisteel’s steel

manufacturing operations.

General Chemical Corporation,

Claymont, Delaware: General Chemical

Corporation (General Chem) has two

process operations subject to a NOX

RACT evaluation: (1) A sulfuric acid

(H2SO4) and interstage absorption

system (ISA) process and (2) a metallic

nitrite process. The H2SO4/ISA process

involves burning elemental sulfur, spent

H2SO4, and hydrogen sulfide to generate

sulfur dioxide. Sulfur dioxide is

catalytically oxidized to sulfur trioxide

and is absorbed into strong H2SO4.

General Chem uses two boilers rated at

46 million British thermal units

(MMBtu) per hour to conduct this

burning process. Nitrogen oxide

emissions are only generated by the

burning process. The combustion of

sulfur is not is not burned primarily for

heat. The sulfur used in the burning

process is highly exothermic, providing

the majority of the heat to the burners

and is in and of itself a low nitrogen

bound fuel. The combustion gases are

an integral part of the ISA process.

Therefore, DNREC determined that

combustion modifications are not

warranted. The DNREC also confirmed

that the low exhaust concentrations of

NOX (26.74 ppm or 0.2 lbs. per MMBtu),

combined with the high flow rates

(54,737 scfm), and the low combustion

temperatures disqualifies wet scrubbing

as a means of pollution control.

Selective catalytic reduction cannot be

used due to the existence of particulate

matter. Therefore, DNREC imposed no

additional controls on General Chem for

its H2SO4/ISA processes. EPA is

approving DNREC’s NOX RACT

determination for General Chem’s

H2SO4/ISA processes.

General Chem’s metallic nitrite

process is a batch process that produces

a 50% solution of potassium nitrite

(KNO2). The process involves reacting

controlled quantities of ammonia and

air over a catalyst. The air-ammonia

mixture reacts to form nitric oxide and

water, which combines with oxygen to

form nitrogen dioxide. The mixture of

nitric oxide and nitrogen dioxide is

absorbed using potassium hydroxide

(KOH) which yields KNO2. The rate of

NOX formation is proportional to the

level of free alkalinity in the absorption

tower. As the batch process progresses,

the absorption of NOX by KOH

decreases, so there is less potassium

available to form KNO2. Hence, the air

to ammonia feed rate is of particular

interest in controlling NOX levels from

this batch process. The metallic nitrite

process incorporates an off-gas single

stage packed tower scrubber which uses

KOH to absorb the majority of the NOX

emissions that are generated. The

DNREC determined that RACT is

continued operation of the scrubber.

The scrubber must be tested and

calibrated according to the

manufacturer’s specification and

operated using good engineering and air

pollution control practices. General

Chem must also monitor and keep

continuous records of pressure drop, the

level of free alkalinity in the scrubber

liquor, and the air to ammonia feed rate

to the process. EPA is approving

DNREC’s NOX RACT determination for

General Chem’s metallic nitrite process.

III. Final Action

EPA is approving revisions to the

Delaware’s SIP submitted by DNREC on

July 13, 2000 which include

certification by the Secretary of DNREC

that the four case-by-case RACT

determinations submitted to EPA (as

part of that same July 13, 2000

submittal) establishing RACT for four

processes located at three major sources

of NOX represent all required case-bycase NOX RACT determinations for all

known subject sources. EPA is also

approving those RACT determinations

made by DNREC for three major sources

of NOX in Delaware. As a result of these

approvals, both the conditional and

limited nature of EPA’s June 16, 1999

approval of Delaware’s Regulation 12

are, hereby, removed and converted to

a full approval. This action is being

published without prior proposal

because we view this as a

noncontroversial amendment and

because we anticipate no adverse

comments. In a separate document in

the ‘‘Proposed Rules’’ section of this

Federal Register publication, we are

proposing to approve the Delaware SIP

revision that establishes and requires

RACT for three major sources of NOX.

This action will be effective without

further notice unless we receive relevant

adverse comment by July 16, 2001. If we

receive such comment, 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.

Any parties interested in commenting

must do so at this time. If no such

comments are received by July 16, 2001,

you are advised that this action will be

effective on August 13, 2001.

IV. 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 (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

32234 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Rules and Regulations

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 August 13, 2001.

Filing a petition for reconsideration by

the Administrator of the rule approving

Delaware’s NOX RACT regulation and

three source-specific RACT

determinations 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, Intergovernmental

relations, Nitrogen dioxide, Ozone,

Reporting and recordkeeping

requirements.

Dated: May 31, 2001.

Elaine B. Wright,

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 I—Delaware

2. In § 52.424, paragraph (d) is

removed and reserved.

3. Section 52.420 is amended:

a. In the table in paragraph (c) is

amended by revising the existing entries

for Regulation 12, Sections 1 to 7.

b. In the table in paragraph (d) by

revising the title of the table and by

adding the entries for ‘‘SPI Polyols,

Inc.’’, ‘‘Citisteel’’, and ‘‘General

Chemical Corp.’’ at the end of the table.

The revisions and additions read as

follows:

§ 52.420 Identification of plan.

* * * * *

(c) * * *

EPA-APPROVED REGULATIONS IN THE DELAWARE SIP

State citation Title/subject State effective

date EPA approval date Comments

*******

Regulation 12—Control of Nitrogen Oxide Emissions

Section 1 ..... Applicability .................................................................. 11/24/93 6/14/01, 66 FR 32234

Section 2 ..... Definitions .................................................................... 11/24/93 6/14/01, 66 FR 32234

Section 3 ..... Standards ..................................................................... 11/24/93 6/14/01, 66 FR 32234

Section 4 ..... Exemptions .................................................................. 11/24/93 6/14/01, 66 FR 32234

Section 5 ..... Alternative and Equivalent RACT Determinations ....... 11/24/93 6/14/01, 66 FR 32234

Section 6 ..... RACT Proposals .......................................................... 11/24/93 6/14/01, 66 FR 32234

Section 7 ..... Compliance Certification, Record Keeping, and Reporting Requirements.11/24/93 6/14/01, 66 FR 32234

*******

(d) * * *

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Rules and Regulations 32235

EPA-APPROVED DELAWARE SOURCE-SPECIFIC REQUIREMENTS

Name of

source Permit number State effectivedate EPA approval date Comments

*******

SPI Polyols,

Inc.

Secretary’s Order No. 2000–A–0033 .......................... 07/11/00 6/14/01, 66 FR 32235 ...... Polyhydrate Alcohol’s Catalyst Regenarative Process—Approved NOX

RACT Determination

Citisteel ....... Secretary’s Order No. 2000–A–0033 .......................... 07/11/00 6/14/01, 66 FR 32235 ...... Electric Arc Furnace— Approved NOX RACT Determination

General

Chemical

Corp.

Secretary’s Order No. 2000–A–0033 .......................... 07/11/00 6/14/01, 66 FR 32235 ...... (1) Sulfuric Acid Process

& Interstage Absorption

System (2) Metallic Nitrite Process—Approved

NOX RACT Determinations

* * * * *

[FR Doc. 01–14898 Filed 6–13–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6994–4]

National Priorities List for Uncontrolled

Hazardous Waste Sites

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: The Comprehensive

Environmental Response,

Compensation, and Liability Act of 1980

(‘‘CERCLA’’ or ‘‘the Act’’), as amended,

requires that the National Oil and

Hazardous Substances Pollution

Contingency Plan (‘‘NCP’’) include a list

of national priorities among the known

releases or threatened releases of

hazardous substances, pollutants, or

contaminants throughout the United

States. The National Priorities List

(‘‘NPL’’) constitutes this list, and is

intended primarily to guide the

Environmental Protection Agency

(‘‘EPA’’ or ‘‘the Agency’’) in determining

which sites warrant further

investigation. This rule adds 10 new

sites to the General Superfund Section

of the NPL. These sites will be assessed

to determine the nature and extent of

public health and environmental risks

associated with them, and to determine

what CERCLA-financed remedial

action(s), if any, may be appropriate.

EFFECTIVE DATE: The effective date for

this final rule shall be July 16, 2001.

ADDRESSES: For addresses for the

Headquarters and Regional dockets, as

well as further details on what these

dockets contain, see section II,

‘‘Availability of Information to the

Public’’ in the SUPPLEMENTARY

INFORMATION portion of this preamble.

FOR FURTHER INFORMATION CONTACT:

Yolanda Singer, phone (703) 603–8835,

State, Tribal and Site Identification

Center; Office of Emergency and

Remedial Response (mail code 5204G);

U.S. Environmental Protection Agency;

1200 Pennsylvania Avenue NW.;

Washington, DC 20460; or the

Superfund Hotline, phone (800) 424–

9346 or (703) 412–9810 in the

Washington, DC, metropolitan area.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background

A. What Are CERCLA and SARA?

B. What Is the NCP?

C. What Is the National Priorities List

(NPL)?

D. How Are Sites Listed on the NPL?

E. What Happens to Sites on the NPL?

F. How Are Site Boundaries Defined?

G. How Are Sites Removed from the NPL?

H. Can Portions of Sites Be Deleted From

the NPL as They Are Cleaned Up?

I. What Is the Construction Completion List

(CCL)?

II. Availability of Information to the Public

A. Can I Review the Documents Relevant

To this Final Rule?

B. What Documents Are Available for

Review at the Headquarters Docket?

C. What Documents Are Available for

Review at the Regional Docket?

D. How Do I Access the Documents?

E. How Can I Obtain a Current List of NPL

Sites?

III. Contents of This Final Rule

A. Additions to the NPL

B. Status of NPL

C. What Did EPA Do With the Public

Comments It Received?

IV. Executive Order 12866

A. What Is Executive Order 12866?

B. Is This Final Rule Subject to Executive

Order 12866 Review?

V. Unfunded Mandates

A. What Is the Unfunded Mandates Reform

Act (UMRA)?

B. Does UMRA Apply to This Final Rule?

VI. Effects on Small Businesses

A. What Is the Regulatory Flexibility Act?

B. Does the Regulatory Flexibility Act

Apply to This Final Rule?

VII. Possible Changes to the Effective Date of

the Rule

A. Has This Rule Been Submitted to

Congress and the General Accounting

Office?

B. Could the Effective Date of This Final

Rule Change?

C. What Could Cause the Effective Date of

This Rule To Change?

VIII. National Technology Transfer and

Advancement Act

A. What Is the National Technology

Transfer and Advancement Act?

B. Does the National Technology Transfer

and Advancement Act Apply to this

Final Rule?

IX. Executive Order 12898

A. What Is Executive Order 12898?

B. Does Executive Order 12898 Apply to

This Final Rule?

X. Executive Order 13045

A. What Is Executive Order 13045?

B. Does Executive Order 13045 Apply to

This Final Rule?

XI. Paperwork Reduction Act

A. What Is the Paperwork Reduction Act?

B. Does the Paperwork Reduction Act

Apply to This Final Rule?

XII. Executive Orders on Federalism

What Are the Executive Orders on

Federalism and Are They Applicable to

This Final Rule?

XIII. Executive Order 13175

What Is Executive Order 13175 and Is It

Applicable to This Final Rule?

I. Background

A. What Are CERCLA and SARA?

In 1980, Congress enacted the

Comprehensive Environmental

Response, Compensation, and Liability

Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or

‘‘the Act’’), in response to the dangers of

uncontrolled releases of hazardous

substances. CERCLA was amended on