34114 Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 / Rules and Regulations

Indian Tribal Governments

This rule does not have tribal

implications under Executive Order

13175, Consultation and Coordination

with Indian Tribal Governments. A rule

with tribal implications has 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.

Energy Effects

We have analyzed this proposed rule

under Executive Order 13211, Actions

Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use. We have

determined that it is not a ‘‘significant

energy action’’ under that order because

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not

likely to have a significant adverse effect

on the supply, distribution, or use of

energy. It has not been designated by the

Administrator of the Office of

Information and Regulatory Affairs as a

significant energy action. Therefore, it

does not require a Statement of Energy

Effects under Executive Order 13211.

Environment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that, under figure 2–1,

paragraph 34(g) of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 165 as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS

AREAS.

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191,

33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49

CFR 1.46.

2. A new temporary § 165.T09–948 is

added to read as follows:

§ 165.T09–948 Safety Zone: Lake Erie,

Cleveland Harbor, Ohio.

(a) Location. The safety zone will

include the navigable waters of

Cleveland Harbor and Lake Erie

beginning at coordinates 41°30′50′′ N,

081°41′33′′ W (the northwest corner of

Burke Lakefront Airport); continuing

northwest to coordinates 41°31′11′′ N,

081°41′55′′ W; thence southwest to

41°30′48′′ N, 081°42′34′′ W; then

southeast to 41°30′27′′ N, 081°42′13′′ W

(the northwest corner of dock 28 at the

Cleveland Port Authority). (NAD 83)

(b) Effective dates. This section is

effective from 9:30 p.m. until 10:30 p.m.

on July 4, 2001.

(c) Regulations. In accordance with

the general regulations in § 165.23 of

this part, entry into, transit through, or

anchoring within this safety zone is

prohibited unless authorized by the

Captain of the Port, Cleveland or his

representative on the Coast Guard vessel

on scene. The Coast Guard Patrol

Commander may be contacted on VHF

Channel 16.

Dated: June 2, 2001.

R.J. Perry,

Commander, U.S. Coast Guard, Captain of

the Port, Cleveland, Ohio.

[FR Doc. 01–16184 Filed 6–26–01; 8:45 am]

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CO–001–0063a; FRL–7000–7]

Determination of Attainment for the

Carbon Monoxide National Ambient Air

Quality Standard for Metropolitan

Denver; State of Colorado

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This action makes a

determination of attainment for the

carbon monoxide (CO) National

Ambient Air Quality Standard (NAAQS)

for the metropolitan Denver CO

nonattainment area which was

classified as ‘‘serious’’. The Denver area

was required by the Clean Air Act

Amendments (CAAA) of 1990 to attain

the CO NAAQS by December 31, 2000.

This determination is based on

complete, quality assured ambient air

quality monitoring data for the years

1998, 1999, and 2000.

DATES: This direct final rule is effective

on August 27, 2001 without further

notice, unless EPA receives adverse

comments by July 27, 2001. If adverse

comment is received, EPA 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 may be

mailed to: Richard R. Long, Director, Air

and Radiation Program, Mailcode 8P–

AR, United States Environmental

Protection Agency, Region VIII, 999

18th Street, Suite 300, Denver, Colorado

80202–2466.

Copies of the documents relevant to

this action are available for public

inspection during normal business

hours at the following offices: United

States Environmental Protection

Agency, Region VIII, Air and Radiation

Program, 999 18th Street, Suite 300,

Denver, Colorado 80202–2466; and,

United States Environmental Protection

Agency, Air and Radiation Docket and

Information Center, 401 M Street, SW,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Tim

Russ, Air and Radiation Program,

Mailcode 8P–AR, United States

Environmental Protection Agency,

Region VIII, 999 18th Street, Suite 300,

Denver, Colorado 80202–

2466Telephone number: (303) 312–

6479.

SUPPLEMENTARY INFORMATION:

Throughout this document wherever

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

the Environmental Protection Agency.

I. What is the Purpose of This Action?

In this action, we are determining that

the metropolitan Denver (hereafter

Denver) CO nonattainment area, as

described in 40 CFR 81.306, has

attained the 8-hour CO NAAQS based

on quality assured ambient air

monitoring data for the years 1998,

1999, and 2000. This action is being

taken as required by section 179 (c)(1)

of the Clean Air Act (CAA) and is

consistent with the requirements of

section 186(b)(2) of the CAA for CO

nonattainment areas. This

determination of attainment does not

redesignate the Denver area to

attainment for the CO NAAQS. The

CAA requires that for an area to be

redesignated to attainment the five

criteria in section 107(d)(3)(E) must first

be satisfied and EPA must fully approve

a maintenance plan for the area.

II. Background

On November 15, 1990, the Clean Air

Act Amendments of 1990 were enacted

(Public Law 101–549, 104 Stat. 2399,

codified at 42 U.S.C. 7401–7671q).

Under section 107(d)(1)(C) of the Clean

Air Act (CAA), we designated the

Denver area as nonattainment for CO

because the area had been designated as

nonattainment before November 15,

1990. We originally designated Denver

as nonattainment for CO under the

provisions of the 1977 CAA

Amendments (see 43 FR 8962, March 3,

1978). This designation was reaffirmed

Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 / Rules and Regulations 34115

1 June 18, 1990, Memorandum from William G.

Laxton, Director Technical Support Division,

entitled ‘‘Ozone and Carbon Monoxide Design

Value Calculations.’’

2Quarterly ambient air quality data for calendar

year 2000 have been entered into AIRS and quality

assured by the State as required by 40 CFR 58.35.

However, the calendar year 2000 data are not

required to be certified by the State until July 1,

2001 (see 40 CFR 58.26).

by the 1990 CAA Amendments and

Denver was classified as a ‘‘moderate’’

CO nonattainment area with a design

value greater than or equal to 12.7 parts

per million (ppm). See 56 FR 56694,

November 6, 1991. The Denver area

violated the 8-hour CO standard in 1995

and we reclassified the area as ‘‘serious’’

for CO in conjunction with our approval

of the Denver CO element

nonattainment State Implementation

Plan (SIP) revision (see 62 FR 10690,

March 10, 1997). CO nonattainment

areas classified as ‘‘serious’’ were

expected to attain the CO NAAQS as

expeditiously as practical, but no later

than December 31, 2000. Further

information regarding this CO

classification and the accompanying

requirements are described in section

187 of the CAA and in the ‘‘General

Preamble for the Implementation of

Title I of the Clean Air Act Amendments

of 1990.’’ (See 57 FR 13498, April 16,

1992.)

III. Analysis of Ambient Air Quality

Monitoring Data

As described in 40 CFR 50.8, the

national primary ambient air quality

standard for carbon monoxide is 9 parts

per million (10 milligrams per cubic

meter) for an 8-hour average

concentration not to be exceeded more

than once per year. 40 CFR 50.8

continues by stating that the levels of

CO in the ambient air shall be measured

by a reference method based on 40 CFR

part 50, appendix C and designated in

accordance with 40 CFR part 53 or an

equivalent method designated in

accordance with 40 CFR part 53.

Attainment of the CO standard is not a

momentary phenomenon based on

short-term data. Instead, we consider an

area to be in attainment if each of the

CO ambient air quality monitors in the

area doesn’t have more than one

exceedance of the CO standard over a

one-year period. 40 CFR 50.8 and 40

CFR part 50, appendix C. If any monitor

in the area’s CO monitoring network

records more than one exceedance of

the CO standard during a one-year

calendar period, then the area is in

violation of the CO NAAQS. In addition,

our interpretation of the CAA has been

that to be considered in attainment for

the CO NAAQS, an area must attain the

CO NAAQS for at least a continuous

two-year calendar period.1

Our determination that the Denver

area has attained the CO NAAQS is

based on an analysis of quality assured

ambient air quality monitoring data that

have been entered into AIRS and are

relevant this action. State annualcertified ambient air quality monitoring

data for calendar years 1998, 1999, and

quarterly data from 2000 2 show a

measured a design value of 5.4 ppm

with an exceedance rate of the CO

NAAQS of 1.0 or less per year, per

monitor, in the Denver nonattainment

area.

All of the data discussed above were

collected and analyzed as required by

EPA (see 40 CFR 50.8 and 40 CFR part

50, appendix C) and in accordance with

EPA policy and guidance. The data have

been archived by the State in our

Aerometric Information and Retrieval

System (AIRS) national database. We

have evaluated the ambient air quality

data and have determined that the

Denver area has not violated the CO

standard. Therefore, the Denver area has

met its CAA requirement and attained

the CO NAAQS by December 31, 2000.

IV. Final Action

In this action, EPA is determining that

the Denver carbon monoxide ‘‘serious’’

nonattainment area attained the CO

NAAQS by December 31, 2000.

EPA is publishing this action without

prior proposal because the Agency

views this as a noncontroversial action

and anticipates no adverse comments.

However, in the proposed rules section

of this Federal Register publication, we

are publishing a separate document that

will serve as the proposal to determine

that the Denver area attained the CO

NAAQS by December 31, 2000, should

adverse comments be filed. This rule

will be effective August 27, 2001

without further notice unless the

Agency receives adverse comments by

July 27, 2001.

If EPA receives such comments, then

we will publish a timely withdrawal of

the direct final rule informing the public

that the rule will not take effect. All

public comments received will then be

addressed in a subsequent final rule

based on the proposed rule. The EPA

will not institute a second comment

period on this rule. Any parties

interested in commenting on this rule

should do so at this time. If no such

comments are received, the public is

advised that this rule will be effective

on August 27, 2001 and no further

action will be taken on the proposed

rule.

Administrative Requirements

(a) Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order 12866,

entitled ‘‘Regulatory Planning and

Review.’’

(b) Executive Order 13045

Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997),

applies to any rule that: (1) Is

determined to be ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

This rule is not subject to Executive

Order 13045 because it does not involve

decisions intended to mitigate

environmental health or safety risks.

(c) Executive Order 13084

Under Executive Order 13084, EPA

may not issue a regulation that is not

required by statute, that significantly

affects or uniquely affects the

communities of Indian tribal

governments, and that imposes

substantial direct compliance costs on

those communities, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide to the Office of

Management and Budget, in a separately

identified section of the preamble to the

rule, a description of the extent of EPA’s

prior consultation with representatives

of affected tribal governments, a

summary of the nature of their concerns,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 13084 requires EPA to

develop an effective process permitting

elected officials and other

representatives of Indian tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.’’

Today’s rule does not significantly or

uniquely affect the communities of

Indian tribal governments. This action

34116 Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 / Rules and Regulations

does not involve or impose any

requirements that affect Indian Tribes.

Accordingly, the requirements of

section 3(b) of Executive Order 13084

do not apply to this 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 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 makes a determination of

attainment, and does not alter the

relationship or the distribution of power

and responsibilities established in the

Clean Air Act. Thus, the requirements of

section 6 of the Executive Order do not

apply to this 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 rule will not have a significant

impact on a substantial number of small

entities because it will not create any

new requirements. Therefore, because

this Federal determination of attainment

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.

(f) Unfunded Mandates

Under sections 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

determination of attainment 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

provides a determination of attainment

and imposes no new requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

(g) Submission to Congress and the

Comptroller General

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.

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 27, 2001

unless EPA receives adverse written

comments by July 27, 2001.

(h) National Technology Transfer and

Advancement Act

Section 12 of the National Technology

Transfer and Advancement Act

(NTTAA) of 1995 requires Federal

agencies to evaluate existing technical

standards when developing a new

regulation. To comply with NTTAA,

EPA must consider and use ‘‘voluntary

consensus standards’’ (VCS) if available

and applicable when developing

programs and policies unless doing so

would be inconsistent with applicable

law or otherwise impractical.

The EPA believes that VCS are

inapplicable to this action. Today’s

action does not require the public to

perform activities conducive to the use

of VCS.

(i) 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 27, 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, Carbon Monoxide,

Intergovernmental relations, Reporting

and recordkeeping requirements.

Dated: June 13, 2001.

Jack W. McGraw,

Acting Regional Administrator, Region VIII.

Title 40, chapter I, part 52 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 G—Colorado

2. Section 52.349 is amended by

adding paragraph (f) to read as follows:

Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 / Rules and Regulations 34117

§ 52.349 Control strategy: Carbon

monoxide.

* * * * *

(f) Determination. EPA has

determined that the Denver carbon

monoxide ‘‘serious’’ nonattainment area

attained the carbon monoxide national

ambient air quality standard by

December 31, 2000. This determination

is based on air quality monitoring data

from 1998, 1999, and 2000.

[FR Doc. 01–15873 Filed 6–26–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[NC 95–200034a; FRL–6993–9]

Approval and Promulgation of

Implementation Plans; North Carolina:

Approval of Revisions to

Miscellaneous Volatile Organic

Compounds Regulations Within the

North Carolina State Implementation

Plan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On July 28, 2000, the North

Carolina Department of Health and

Natural Resources submitted revisions

to the North Carolina State

Implementation Plan (SIP). These

revisions include the adoption, revision

and repeal of multiple Volatile Organic

Compounds (VOCs) regulations. The

purpose of these revisions is to make the

revised regulations consistent with the

requirements of the Clean Air Act as

amended in 1990. The EPA is approving

these revisions.

DATES: This direct final rule is effective

August 27, 2001 without further notice,

unless EPA receives adverse comment

by July 27, 2001. If adverse comment is

received, EPA 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: All comments should be

addressed to: Randy Terry at the EPA,

Region 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303.

Copies of the State submittal(s) are

available at the following addresses for

inspection during normal business

hours: Environmental Protection

Agency, Region 4, Air Planning Branch,

61 Forsyth Street, SW, Atlanta, Georgia

30303–8960. Randy Terry, 404/562–

9032. North Carolina Department of

Environment, Health, and Natural

Resources, 512 North Salisbury Street,

Raleigh, North Carolina 27604.

FOR FURTHER INFORMATION CONTACT:

Randy B. Terry at 404/562–9032.

SUPPLEMENTARY INFORMATION:

I. Background

On July 28, 2000, the North Carolina

Department of Health and Natural

Resources submitted revisions to the

North Carolina SIP. These revisions

include the adoption, revision and

repeal of multiple VOC regulations. A

detailed analysis of each of the major

revisions submitted is listed below.

II. Analysis of State’s Submittal

15A NCAC

2D .0518 Miscellaneous Volatile

Organic Compound Emissions

This rule has been repealed. Most of

the requirements set forth in this rule

have become antiquated or have been

incorporated into other air quality rules.

The remaining requirements which have

not been incorporated into other rules,

will be covered in 15A NCAC 2D. 0958

Work Practice Standards for VOCs.

2D .0902 Applicability

This rule is being amended to add

references to new or recently adopted

VOC rules. This change is necessary in

part to ensure that the requirements that

were contained in 2D .0518 are now

covered in new requirements located in

2D .0900 VOCs.

2D .0909 Compliance Schedules For

Sources in New Nonattainment Areas.

This rule is being amended to remove

references to 2D .0518.

2D .0948 VOC Emissions from Transfer

Operations

This rule is being amended to correct

minor administrative changes and

clarifications.

2D .0949 VOC Storage of Miscellaneous

Volatile Organic Compounds.

This rule is being amended to remove

the requirement of having the director

approve the vapor recovery system or

any other means of air pollution.

Approval must now be obtained through

the permitting process.

2D .0950 Interim Standards for Certain

Source Categories.

This rule is being repealed since it is

obsolete and does not currently apply to

any source.

2D .0951 Miscellaneous Volatile

Organic Compound Emissions.

This rule is being amended to

eliminate all former references to 2D

.0518, add references to 2D .0958, and

make other minor modifications to

update this rule. Additionally, this rule

is being revised to require the usage of

Reasonably Available Control

Technology (RACT), so that this rule

remains consistent with the other rules

in section 2D .0900.

2D .0958 Work Practices for Sources of

Volatile Organic Compounds

This rule is being adopted to establish

work practice standards for a wide

spectrum of VOC sources. These work

practice standards include such

practices as: storing all VOC material in

containers with tightly fitting lids,

cleaning up all spills of VOC materials

as soon as possible, and similar,

reasonable controls for solvent cleaning

activities. These new standards will

replace the existing VOC requirements

that have become antiquated.

2Q .0102 Activities Exempted From

Permit Requirements

This rule is being revised to correct

cross references to the state incinerator

regulations.

2Q .0306 Permits Requiring Public

Participation

This rule is being revised to correct

cross references to the state incinerator

regulations.

III. Final Action

EPA is approving the aforementioned

changes to the SIP because the revisions

are consistent with Clean Air Act and

EPA regulatory requirements. The EPA

is publishing this rule without prior

proposal because the Agency views this

as a noncontroversial submittal and

anticipates no adverse comments.

However, in the proposed rules section

of this Federal Register publication,

EPA is publishing a separate document

that will serve as the proposal to

approve the SIP revision should adverse

comments be filed. This rule will be

effective August 27, 2001 without

further notice unless the Agency

receives adverse comments by July 27,

2001.

If the EPA receives such comments,

then EPA will publish a document

withdrawing the final rule and

informing the public that the rule will

not take effect. All public comments

received will then be addressed in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period.

Parties interested in commenting should

do so at this time. If no such comments

are received, the public is advised that

this rule will be effective on August 27,