33504 Federal Register / Vol. 66, No. 121 / Friday, June 22, 2001 / Proposed Rules

Executive Order 13084 do not apply to

this proposed rule.

D. Executive Order 13132

Federalism (64 FR 43255, August 10,

1999) revokes and replaces Executive

Orders 12612 (Federalism) and 12875

(Enhancing the Intergovernmental

Partnership). Executive Order 13132

requires EPA to develop an accountable

process to ensure ‘‘meaningful and

timely input by state and local officials

in the development of regulatory

policies that have federalism

implications.’’ ‘‘Policies that have

federalism implications’’ is defined in

the Executive Order to include

regulations that 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.’’ Under

Executive Order 13132, EPA may not

issue a regulation that has federalism

implications, that imposes substantial

direct compliance costs, and that is not

required by statute, unless the federal

government provides the funds

necessary to pay the direct compliance

costs incurred by state and local

governments, or EPA consults with state

and local officials early in the process

of developing the proposed regulation.

EPA also may not issue a regulation that

has federalism implications and that

preempts state law unless the Agency

consults with state and local officials

early in the process of developing the

proposed regulation.

This proposed rule will not 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, because it

merely approves a state rule

implementing a federal standard, and

does not alter the relationship or the

distribution of power and

responsibilities established in the Act.

Thus, the requirements of section 6 of

the Executive Order do not apply to this

proposed rule.

E. Regulatory Flexibility

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions.

This proposed rule will not have a

significant impact on a substantial

number of small entities because SIP

approvals under section 110 and

subchapter I, part D, of the Act do not

create any new requirements but simply

approve requirements that the state is

already imposing. Therefore, because

the federal SIP approval does not create

any new requirements, I certify that this

action will not have a significant

economic impact on a substantial

number of small entities. Moreover, due

to the nature of the federal-state

relationship under the Act, preparation

of flexibility analysis would constitute

federal inquiry into the economic

reasonableness of state action. The Act

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co., v. U.S. EPA, 427

U.S. 246, 255–66 (1976).

F. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a federal mandate that

may result in estimated costs to state,

local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. Under section

205, EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that this

proposed approval action does not

include a federal mandate that may

result in estimated costs of $100 million

or more to either state, local, or tribal

governments in the aggregate, or to the

private sector. This federal action

proposes to approve pre-existing

requirements under state or local law,

and imposes no new requirements.

Accordingly, no additional costs to

state, local, or tribal governments, or to

the private sector, result from this

proposed action.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Ozone, Volatile Organic

Compounds.

Dated: June 13, 2001.

David Ullrich,

Acting Regional Administrator, Region 5.

[FR Doc. 01–15619 Filed 6–21–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OH148–1b; FRL–7001–5]

Approval and Promulgation of

Maintenance Plan Revisions; Ohio

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

a May 31, 2001, request from Ohio for

a State Implementation Plan (SIP)

revision of the Cleveland/Akron/Lorain,

Ohio ozone maintenance plan. The

maintenance plan revision allocates a

portion of the safety margin to the

transportation conformity mobile source

emissions budget for the year 2006. EPA

is proposing to approve the allocation of

10 tons per day of volatile organic

compounds (VOC) to the area’s 2006

mobile source emissions budget for

transportation conformity purposes.

This allocation will still maintain the

total emissions for the area at or below

the attainment level required by the

transportation conformity regulations.

In the Final Rules section of this

Federal Register, EPA is approving the

State’s SIP revision, as a direct final rule

without prior proposal because the

Agency views this as a noncontroversial

revision and anticipates no adverse

comments. A detailed rationale for the

approval is set forth in the direct final

rule. If we receive no written adverse

comments in response to that direct

final rule we plan to take no further

activity in relation to this proposed rule.

If EPA receives significant adverse

comments, in writing, which have not

been addressed, we will withdraw the

direct final rule and address all public

comments received in a subsequent

final rule based on this proposed rule.

The EPA will not institute a second

comment period on this document.

DATES: Written comments must be

received on or before July 23, 2001.

ADDRESSES: Send 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 the

documents relevant to this action during

Federal Register / Vol. 66, No. 121 / Friday, June 22, 2001 / Proposed Rules 33505

normal business hours at the following

location:

Regulation Development Section, Air

Programs Branch, (AR–18J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois, 60604.

Please contact Patricia Morris at (312)

353–8656 before visiting the Region 5

office.

FOR FURTHER INFORMATION CONTACT:

Patricia Morris, Environmental

Scientist, Regulation Development

Section, Air Programs Branch (AR–18J),

U.S. Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604, (312) 353–8656.

SUPPLEMENTARY INFORMATION:

Throughout this document wherever

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used we mean

EPA.

This Supplementary Information

section is organized as follows:

What action is EPA taking today?

Where can I find more information

about this proposal and the

corresponding direct final rule?

What Action is EPA Taking Today?

In this action, we are proposing to

approve a revision to the ozone

maintenance plan for Cleveland/Akron/

Lorain, Ohio. The revision will change

the mobile source VOC emissions

budget that is used for transportation

conformity purposes. The revision will

keep the total emissions for the area at

or below the attainment level required

by law. This action will allow State or

local agencies to maintain air quality

while providing for transportation

growth.

Where Can I Find More Information

About this Proposal and the

Corresponding Direct Final Rule?

For additional information see the

direct final rule published in the rules

section of this Federal Register.

Dated: June 14, 2001.

David A. Ullrich,

Acting Regional Administrator, Region 5.

[FR Doc. 01–15750 Filed 6–21–01; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[KY–126–200113; IN–121–2; FRL–7001–4]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes; KY and IN

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: On March 30, 2001, the

Commonwealth of Kentucky’s Natural

Resources and Environmental

Protection Cabinet submitted: a request

to redesignate the Kentucky portion of

the Louisville moderate ozone

nonattainment area to attainment for the

1-hour ozone National Ambient Air

Quality Standard (NAAQS), a plan to

maintain the 1-hour ozone NAAQS for

at least the next 10 years, and the

regional motor vehicle emission budgets

(MVEBs) for transportation conformity

purposes. In addition, on November 12,

1999, and May 23, 2001, Kentucky

submitted source-specific Board Orders

adopted by the Air Pollution Control

Board of Jefferson County to control

sources of nitrogen oxides ( NOX) at

eleven sources in Jefferson County,

Kentucky. On April 11, 2001, the State

of Indiana’s Department of

Environmental Management submitted:

a request to redesignate the Indiana

portion of the Louisville moderate

ozone nonattainment area to attainment

for the 1-hour ozone NAAQS, the

regional MVEBs for transportation

conformity purposes, and a plan to

maintain the 1-hour ozone NAAQS for

at least the next 10 years. The Louisville

moderate ozone nonattainment area

(Louisville area) includes Jefferson

County and portions of Bullitt and

Oldham Counties, Kentucky, and Clark

and Floyd Counties, Indiana.

Since Kentucky and Indiana had not

completed public participation

requirements for the submittals of

March 30, 2001 and April 11, 2001, they

requested that the EPA parallel process

the redesignation requests, maintenance

plans, and associated regional MVEBs.

EPA is proposing to approve

Kentucky’s and Indiana’s requests to

redesignate the Louisville area to

attainment for the 1-hour ozone

NAAQS. In proposing to approve this

request, the EPA is also proposing to

approve the States’ plans for

maintaining the 1-hour ozone NAAQS

through 2012, as revisions to the

Kentucky and Indiana State

Implementation Plans (SIPs). EPA is

also proposing to approve the MVEBs

for VOC and NOX in the submitted

maintenance plans for conformity

purposes. Finally, the EPA is proposing

to approve the source-specific Board

Orders to control NOX emissions from

eleven sources in Jefferson County,

Kentucky.

DATES: Comments on the EPA’s

proposed action must be received by

July 23, 2001.

ADDRESSES: Written comments should

be addressed to: Richard A. Schutt,

Acting Chief, Regulatory Planning

Section, Air Planning Branch, U.S.

Environmental Protection Agency, 61

Forsyth Street, SW, Atlanta, Georgia

30303. J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), U.S.

Environmental Protection Agency, 77

West Jackson Boulevard, Chicago,

Illinois 60604.

Copies of Kentucky’s submittals, as

well as other information, are available

for inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment at least 24 hours before the

visiting day and reference files KY–126.

U.S. Environmental Protection Agency,

Region 4, Air Planning Branch,

Regulatory Planning Section, 61 Forsyth

Street, SW, Atlanta, Georgia 30303.

Commonwealth of Kentucky, Division

for Air Quality, 803 Schenkel Lane,

Frankfort, Kentucky 40601–1403. Air

Pollution Control District of Jefferson

County, 850 Barret Avenue, Louisville,

Kentucky 40204.

Copies of Indiana’s submittals, as well

as other information, are available for

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment at least 24 hours before the

visiting day and reference files IN–121–

2. Regulation Development Section, Air

Programs Branch (AR–18J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604. Indiana

Department of Environmental

Management, Office of Air Quality, 100

North Senate Avenue, P.O. Box 6015,

Indianapolis, Indiana 46206–6015.

FOR FURTHER INFORMATION CONTACT:

Allison Humphris, Environmental

Scientist, or Raymond Gregory,

Environmental Engineer, Regulatory

Planning Section, Air Planning Branch,

U.S. Environmental Protection Agency,

Region 4, 61 Forsyth Street, SW,

Atlanta, Georgia 30303, (404) 562–9030,

(404) 562–9116,

(Humphris.Allison@epa.gov)

(Gregory.Ray@epa.gov). Ryan Bahr,

Environmental Engineer, Regulation

Development Section, Air Programs

Branch (AR–18J), U.S. Environmental

Protection Agency, Region 5, Chicago,

Illinois 60604, (312) 353–4366,

(bahr.ryan@epa.gov).

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Determination of Attainment