33224 Federal Register / Vol. 66, No. 120 / Thursday, June 21, 2001 / Proposed Rules

The revised Identification of plan

section will contain five subsections: (a)

Purpose and scope, (b) Incorporation by

reference, (c) EPA-approved regulations,

(d) EPA-approved source-specific SIP

revisions, and (e) EPA-approved

nonregulatory provisions such as

transportation control measures,

statutory provisions, control strategies,

monitoring networks, etc.

D. Enforceability and Legal Effect

All revisions to the applicable SIP

become federally enforceable as of the

effective date of the revisions to

paragraphs (c), (d) or (e) of the

applicable identification of plan found

in each subpart of 40 CFR part 52. To

facilitate enforcement of previouslyapproved SIP provisions and provide a

smooth transition to the new SIP

processing system, EPA is retaining the

original ‘‘Identification of Plan’’ section,

previously appearing in the CFR as the

first or second section of part 52 for

each State subpart. After an initial two

year period, EPA will review its

experience with the new system and

enforceability of previously-approved

SIP measures, and will decide whether

or not to retain the ‘‘Identification of

plan’’ appendices for some further

period.

III. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. This

action merely 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 CAA.

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 CAA. 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 CAA. 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 proposed 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, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides.

Dated: June 7, 2001.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

[FR Doc. 01–15616 Filed 6–20–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6999–8]

National Oil and Hazardous Substance

Pollution Contingency Plan; National

Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of intent to delete the

Tomah Fairgrounds Landfill Superfund

Site from the National Priorities List.

SUMMARY: The Environmental Protection

Agency (EPA) Region V is issuing a

notice of intent to delete the Tomah

Fairgrounds Landfill Superfund Site

(Site) located in Tomah, Wisconsin,

from the National Priorities List (NPL)

and requests public comments on this

notice of intent. The NPL, promulgated

pursuant to Section 105 of the

Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA) of 1980, as amended, is

found at Appendix B of 40 CFR Part 300

of the National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP). The EPA and the State of

Wisconsin, through the Wisconsin

Department of Natural Resources, have

determined that all appropriate

response actions under CERCLA, other

than operation and maintenance and

five-year reviews, have been completed.

However, this deletion does not

preclude future actions under

Superfund. In the ‘‘Rules and

Regulations’’ Section of today’s Federal

Register, we are publishing a direct final

notice of deletion of the Tomah

Fairgrounds Landfill Superfund Site

without prior notice of intent to delete

because we view this as a

noncontroversial revision and anticipate

no adverse comment. We have

explained our reasons for this deletion

in the preamble to the direct final

deletion. If we receive no adverse

comment(s) on the direct final notice of

deletion, we will not take further action

on this notice of intent to delete. If we

receive adverse comment(s), we will

withdraw the direct final notice of

deletion and it will not take effect. We

will, as appropriate, address all public

comments in a subsequent final deletion

notice based on this notice of intent to

delete. We will not institute a second

Federal Register / Vol. 66, No. 120 / Thursday, June 21, 2001 / Proposed Rules 33225

comment period on this notice of intent

to delete. Any parties interested in

commenting must do so at this time. For

additional information, see the direct

final notice of deletion which is located

in the Rules section of this Federal

Register.

DATES: Comments concerning this Site

must be received by July 23, 2001.

ADDRESSES: Written comments should

be addressed to: Bri Bill, Community

Involvement Coordinator, U.S. EPA (P–

19J), 77 W. Jackson, Chicago, IL, 60604

or fax (312) 353–1155.

FOR FURTHER INFORMATION CONTACT:

David Linnear, Remedial Project

Manager at (312) 886–6104, or Gladys

Beard, State NPL Deletion Process

Manager at (312) 886–7253 or 1–800–

621–8431, Superfund Division, U.S.

EPA (SR–6J), 77 W. Jackson, IL 60604.

SUPPLEMENTARY INFORMATION: For

additional information, see the Direct

Final Notice of Deletion which is

located in the Rules section of this

Federal Register.

Information Repositories

Repositories have been established to

provide detailed information concerning

this decision at the following address:

U.S. EPA Region V Library, 77 W.

Jackson, Chicago, IL 60604, (312) 353–

5821, Monday through Friday 8:00 a.m.

to 4:00 p.m.; Tomah Public Library, 716

Superior Ave., Tomah, WI 54660

Library, (608) 374–7470, Monday

through Thursday 9:00 a.m. to 8:00 p.m.

and Friday and Saturday 9:00 a.m. to

5:00 p.m.; Wisconsin Department of

Natural Resources, 101 S. Webster

Street, Madison, Wisconsin, (608) 266–

2111, Monday through Friday 7:45 a.m.

to 4:30 p.m.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

waste, Hazardous substances,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,

1991 Comp., p. 351; E.O. 12580, 52 FR 2923;

3 CFR, 1987 Comp., p. 193.

Dated: June 12, 2001.

David A. Ullrich,

Acting Regional Administrator, Region V.

[FR Doc. 01–15480 Filed 6–20–01; 8:45 am]

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