32774 Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations

Stationary Sources; Part 217 Nitrogen

Oxides Emissions; Subpart V: Electric

Power Generation; Adopted at 25 Ill.

Reg. 5914, effective April 17, 2001.

VI. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this proposed

action is not a ‘‘significant regulatory

action’’ and therefore is not subject to

review by the Office of Management and

Budget. This proposed action merely

proposes to approve state law as

meeting federal requirements and

imposes no additional requirements

beyond those imposed by state law.

Accordingly, the Administrator certifies

that this proposed 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

proposes to approve pre-existing

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

proposed 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

proposes to approve 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 proposed 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 proposed 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.).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Nitrogen oxides, Ozone.

Dated: June 8, 2001.

David A. Ullrich,

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 O—Illinois

2. Section 52.720 is amended by

adding paragraph (c)(156) to read as

follows:

§ 52.720 Identification of plan.

* * * * *

(c) * * *

(156) On May 8, 2001, the State

submitted rules to control Oxides of

Nitrogen emissions from electric

generating units.

(i) Incorporation by reference. Title

35: Environmental Protection; Subtitle

B: Air Pollution; Chapter I: Pollution

Control Board; Subchapter C: Emission

Standards and Limitations for

Stationary Sources; Part 217 Nitrogen

Oxides Emissions; Subpart V: Electric

Power Generation. Adopted at 25 Ill.

Reg. 5914, effective April 17, 2001.

[FR Doc. 01–15285 Filed 6–15–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 136

[FRL–6998–5]

Guidelines Establishing Test

Procedures for the Measurement of

Mercury in Water (EPA Method 1631,

Revision C); Final Rule, Technical

Corrections

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; technical corrections.

SUMMARY: EPA is amending the

‘‘Guidelines Establishing Test

Procedures for the Analysis of

Pollutants’’ to make minor technical

corrections to clarify the use of field

blanks for mercury testing under the

Clean Water Act. Specifically, the

amendments rectify an omission in the

text of the promulgated version of

Method 1631: Mercury in Water by

Oxidation, Purge and Trap and Cold

Vapor Atomic Fluorescence

Spectrometry.

DATES: These technical corrections are

effective July 18, 2001. The

incorporation by reference of the

publication listed in today’s rule is

approved by the Director of the Federal

Register as of July 18, 2001. For judicial

review purposes, this rule is

promulgated as of 1:00 p.m. (Eastern

time) on July 2, 2001, as provided in 40

CFR 23.2.

FOR FURTHER INFORMATION CONTACT: For

information regarding this rule contact

Dr. Maria Gomez-Taylor, Engineering

and Analysis Division (4303), USEPA

Office of Science and Technology, Ariel

Rios Bldg., 1200 Pennsylvania Ave.,

NW., Washington, DC 20460 (e-mail:

Gomez-Taylor.Maria@epa.gov).

SUPPLEMENTARY INFORMATION:

Potentially Regulated Entities

EPA Regions, as well as States,

Territories and Tribes authorized to

implement the National Pollutant

Discharge Elimination System (NPDES)

program, issue permits that comply with

the technology-based and water qualitybased requirements of the Clean Water

Act. In doing so, the NPDES permitting

authority, including authorized States,

Territories, and Tribes, make a number

of discretionary choices associated with

permit writing, including the selection

of pollutants to be measured and, in

many cases, limited in permits. If EPA

has ‘‘approved’’ standardized testing

procedures (i.e., promulgated through

rulemaking) for a given pollutant, the

NPDES permit must include one of the

Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations 32775

approved testing procedures or an

approved alternate test procedure.

Regulatory entities may, at their

discretion, require use of this method in

their permits. Therefore, entities with

NPDES permits could be affected by the

standardization of testing procedures in

this rulemaking, because NPDES

permits may incorporate the testing

procedure in today’s rulemaking. In

addition, when a State, Territory, or

authorized Tribe provides certification

of Federal licenses under Clean Water

Act section 401, States, Territories and

Tribes are directed to use the

standardized testing procedures.

Categories and entities that may

ultimately be affected include:

Category Examples of potentially regulated entities

Regional, State and Territorial Governments and Tribes ......................... States, Territories, and Tribes authorized to administer the NPDES

permitting program; States, Territories, and Tribes providing certification under Clean Water Act section 401; Governmental NPDES

permittees.

Industry ..................................................................................................... Industrial NPDES permittees.

Municipalities ............................................................................................. Publicly-owned treatment works with NPDES permits.

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. This table lists

the types of entities that EPA is now

aware could potentially be affected by

this action. Other types of entities not

listed in the table could also be affected.

If you have questions regarding the

applicability of this action to a

particular entity, consult the person

listed in the preceding FOR FURTHER

INFORMATION CONTACT section.

Administrative Procedure Act

Section 553 of the Administrative

Procedure Act, 5 U.S.C. 553(b)(B),

provides that, when an agency for good

cause finds that notice and public

procedure are impracticable,

unnecessary or contrary to the public

interest, the agency may issue a rule

without providing notice and an

opportunity for public comment. EPA

has determined that there is good cause

for making today’s rule final without

prior proposal and opportunity for

comment because today’s rule merely

corrects the text of a promulgated test

method to reflect the Agency’s

intentions at the time it originally

published the rule. Omissions to EPA

Method 1631, Revision B, were brought

to the Agency’s attention by the

members of the public after the test

method was promulgated. The revisions

to the test method clarify the use and

reporting of field blanks, and are

consistent with the discussion in the

preamble to the final rule. In addition,

this rule corrects a typographical error

at 40 CFR Part 136.3(b). The CFR

contains two references with the same

number [(b)(40)]. The second reference

(40) in Section 136.3(b) has been

renumbered (41) and reference (41) has

been renumbered (42). The revisions to

the test method and the CFR are not

substantive. Thus, notice and public

procedure are unnecessary. EPA finds

that this constitutes good cause under 5

U.S.C. 553(b)(B).

I. EPA Method 1631, Revision B

EPA promulgates analytical methods

for pollutants under Clean Water Act

programs at 40 CFR Part 136. In most

cases, EPA has approved use of more

than one analytical method for

measurement of particular pollutants,

and laboratories may use any approved

test method for determining compliance

with applicable requirements. From

time to time, EPA amends 40 CFR Part

136 to approve new test methods or

modifications to approved test methods.

For new test methods or for substantive

changes to approved test methods, EPA

first publishes a notice for public

comment and reviews any public

comments received prior to making a

final decision on approval.

EPA proposed Method 1631: Mercury

in Water by Oxidation, Purge and Trap,

and Cold Vapor Atomic Fluorescence

Spectrometry on May 26, 1998 (63 FR

28867), and then, after revisions

following public comment, EPA

promulgated Method 1631, Revision B

on June 8, 1999 (64 FR 30417). On

October 19, 2000, EPA entered into a

Settlement Agreement to resolve

litigation over the final rule in Alliance

of Automobile Manufacturers, et al. v.

EPA, No. 99–1420 (D.C. Cir.).

Under the Settlement Agreement, the

Agency agreed to revise sections 12.4.2

and 9.4.3.3 of the test method to clarify

the use of field blank subtraction

(section 12.4.2) and the use of multiple

field blanks (section 9.3.3.3) to

determine whether test samples should

be used for compliance monitoring

purposes. At the time EPA published

the challenged rulemaking, the Agency

had intended to incorporate these

changes into the rule, as reflected by the

preamble and the comment-response

document in the public record. The

version of Method 1631 promulgated

today now incorporates these technical

corrections. No other changes are being

made to the text of the referenced test

protocol.

EPA will take actions to implement

other provisions of the Settlement

Agreement separately. For example,

EPA agreed to propose additional clean

techniques and quality control

requirements for EPA Method 1631 in a

Federal Register notice that is

scheduled for signature by September

15, 2001. Today’s action only addresses

the use and reporting of field blank

results.

Today’s rule contains only minor

technical corrections to EPA Method

1631, Revision B and provides a revised

version reflecting these technical

corrections. As required by the Office of

the Federal Register, EPA submitted a

revised version of the test method to the

Director of the Federal Register for

approval for incorporation by reference.

The revised version submitted to the

Director is EPA Method 1631, Revision

C. In today’s rule, the full reference to

the test method in 40 CFR 136.3(b)(40)

is being amended to reflect the updated

test method (i.e., Revision C).

By today’s action, EPA has revised the

following sections of EPA Method 1631:

A. Section 9.4.3.3: This text is revised

to clarify that, if sufficient multiple field

blanks (a minimum of three) are

collected, and the average concentration

(of the multiple field blanks) plus two

standard deviations is equal to or greater

than the regulatory compliance limit or

equal to or greater than one-half of the

level in the associated test sample,

results for associated test samples may

be the result of contamination and may

not be reported or otherwise used for

regulatory compliance purposes.

B. Section 12.4.2: This text has been

revised to clarify that results for

mercury in samples, reagent blanks and

field blanks must be reported separately.

In addition, if blank correction is

requested or required by a regulatory

authority or in a permit, the

concentration of mercury in the reagent

blank or the field blank is subtracted

from the concentration of mercury in

32776 Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations

the sample to obtain the net sample

mercury concentration.

Based on the preamble text for the

June 8, 1999, final rule and the response

to comments document that supports

the final rule, it is apparent that the

Agency intended to allow for field blank

subtraction and for not using test

sample results for regulatory

compliance if multiple field blanks do

not meet the specifications at 9.4.3.3.

This correction does not add any new

requirements to the regulated

community. To the contrary, it provides

additional flexibility by allowing the

use of field blank subtraction and by not

requiring the reporting of test samples

that may be contaminated based on

results from field blank analyses. The

rest of EPA Method 1631 is unchanged

from the previously promulgated EPA

Method 1631, Revision B.

II. Administrative Requirements

This technical correction action does

not involve technical standards; 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. 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.). EPA’s compliance

with these statutes and Executive

Orders or their predecessors for the

underlying rule is discussed in the June

8, 1999 Federal Register notice (64 FR

30417).

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. Section 808 allows

the issuing agency to make a rule

effective sooner than otherwise

provided by the CRA if the agency

makes a good cause finding that notice

and public procedure is impracticable,

unnecessary or contrary to public

interest. This determination must be

supported by a brief statement. 5 U.S.C.

808(2). As stated previously, EPA has

made such a good cause finding,

including the reasons therefor, and

established an effective date of July 18,

2001. 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 action is not

a ‘‘major rule’’ as defined by 5 U.S.C.

804(2).

III. Materials Incorporated by

Reference Into 40 CFR Part 136

USEPA, 2001. Method 1631, Revision

C: Mercury in Water by Oxidation,

Purge and Trap, and Cold Vapor Atomic

Fluorescence Spectrometry. March

2001. U.S. Environmental Protection

Agency, Engineering and Analysis

Division, Office of Science and

Technology, Washington, DC. EPA–821/

R–01/024.

IV. Public Availability of Materials

The full text of Method 1631,

Revision C incorporated by reference in

today’s rulemaking will be available to

the general public from the following

sources:

Water Docket: Paper version of the

method, along with the public record for

this rule and the Method 1631 final rule,

are available for review under docket

number W–98–15 at the U.S.

Environmental Protection Agency,

Water Docket, 401 M Street SW.,

Washington, DC 20460. For access to

these materials, call 202–260–3027 on

Monday through Friday, excluding

Federal holidays, between 9:00 a.m. and

3:30 p.m. Eastern Time for an

appointment.

Internet: This Federal Register rule

also is available on the Internet at: http:/

/www.epa.gov/fedrgstr. An electronic

version of Method 1631, Revision C is

available via the Internet at http://

www.epa.gov/OST.

National Technical Information

Service (NTIS): Electronic or paper

version of Method 1631, Revision C

(NTIS Publication No. PB2001–102796)

is available from the National Technical

Information Service, 5285 Port Royal

Road, Springfield, Virginia 22161, by

phone at 1–703/487–4650, fax at 1–703/

321–8547, or via the Internet at http://

www.ntis.gov.

List of Subjects in 40 CFR Part 136

Environmental protection, Analytical

methods, Incorporation by reference,

Reporting and recordkeeping

requirements, Water pollution control.

Dated: June 6, 2001.

Diane C. Regas,

Acting Assistant Administrator for Water.

For the reasons set out in the

preamble, title 40, chapter I of the Code

of Federal Regulations, is amended as

follows:

PART 136—GUIDELINES

ESTABLISHING TEST PROCEDURES

FOR THE ANALYSIS OF POLLUTANTS

1. The authority citation for Part 136

continues to read as follows:

Authority: Secs. 301, 304(h), 307, and

501(a) Pub. L. 95–217, 91 Stat. 1566, et seq.

(33 U.S.C. 1251, et seq.) (The Federal Water

Pollution Control Act Amendments of 1972

as amended by the Clean Water Act of 1977.)

2. Section 136.3 is amended as

follows:

a. Redesignate paragraph (b)(41) as

paragraph (b)(42);

b. Redesignate the second paragraph

(b)(40) as new paragraph (b)(41) and

revise it to read as follows:

§ 136.3 Identification of test procedures.

* * * * *

(b) * * *

(41) USEPA. 2001. Method 1631,

Revision C, ‘‘Mercury in Water by

Oxidation, Purge and Trap, and Cold

Vapor Atomic Fluorescence

Spectrometry.’’ March 2001. Office of

Water, U.S. Environmental Protection

Agency (EPA–821-R–01–024). Available

from: National Technical Information

Service, 5285 Port Royal Road,

Springfield, Virginia 22161. Publication

No. PB2001–102796. Cost: $25.50. Table

IB, Note 43.

* * * * *

[FR Doc. 01–15145 Filed 6–15–01; 8:45 am]

BILLING CODE 6560–50–U

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Parts 400, 430, 431, 434, 435,

438, 440, and 447

[HCFA–2001–F3]

RIN 0938–AI70

Medicaid Program; Medicaid Managed

Care: Further Delay of Effective Date

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Final rule; Further delay of

effective date.

SUMMARY: This final rule temporarily

delays the effective date of the final rule

entitled ‘‘Medicaid Managed Care’’ that

was published on January 19, 2001 in

the Federal Register (66 FR 6228). That

final rule amends the Medicaid

regulations to implement provisions of

the Balanced Budget Act of 1997 (BBA),

which revised various aspects of the

Medicaid law as it applies to managed

care programs.