34906 Federal Register / Vol. 66, No. 127 / Monday, July 2, 2001 / Proposed Rules

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 CAA.

Thus, the requirements of section 6 of

the Executive Order do not apply to this

proposed rule.

VII. Regulatory Flexibility Act

The Regulatory Flexibility Act

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 part 70

approvals under section 502 of the Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because this proposed approval does not

create any new requirements, I certify

that this proposed 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

CAA, preparation of a flexibility

analysis would constitute federal

inquiry into the economic

reasonableness of state action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds (see

Union Electric Co. v. EPA, 427 U.S. 246,

255–66 (1976); 42 U.S.C. 7410(a)(2)).

VIII. Unfunded Mandates Reform Act of

1995

Under sections 202 of the Unfunded

Mandates Reform Act of 1995, 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 proposed federal

action approves 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.

IX. 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 proposed action is not a ‘‘major

rule’’ as defined by 5 U.S.C. section

804(2).

X. Petitions for Judicial Review

Under section 307(b)(1) of the CAA,

petitions for judicial review of this

proposed action must be filed in the

United States Court of Appeals for the

appropriate circuit by August 31, 2001.

Filing a petition for reconsideration by

the Administrator of this proposed 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) of the CAA.]

XI. 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.

In reviewing operating permit

programs, 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 VCS,

EPA has no authority to disapprove an

operating permit program for failure to

use VCS. It would thus be inconsistent

with applicable law for EPA, when it

reviews an operating permit program, to

use VCS in place of an operating permit

program that otherwise satisfies the

provisions of the CAA. Therefore, the

requirements of section 12(d) of NTTAA

do not apply.

List of Subjects in 40 CFR Part 70

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Operating permits, Reporting

and recordkeeping requirements.

Authority: 42 U.S.C. 7401–7671q.

Dated: June 22, 2001.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

[FR Doc. 01–16570 Filed 6–29–01; 8:45 am]

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ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–7004–4]

National Oil and Hazardous Substance

Pollution Contingency Plan National

Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of intent to delete the

Arcanum Iron & Metal Superfund Site

from the National Priorities List.

SUMMARY: The Environmental Protection

Agency (EPA) Region V is issuing a

notice of intent to delete the Arcanum

Iron & Metal Superfund Site (AIM Site)

located in Arcanum, Twin Township,

Drake County, Ohio from the National

Priorities List (NPL) and requests public

Federal Register / Vol. 66, No. 127 / Monday, July 2, 2001 / Proposed Rules 34907

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 Ohio, through the

Ohio Environmental Protection Agency,

have determined that all appropriate

response actions under CERCLA 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 Arcanum Iron

& Metal 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 this notice of intent to

delete or 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

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 August 1, 2001.

ADDRESSES: Written comments should

be addressed to: Denise Battaglia,

Community Involvement Coordinator,

U.S. EPA (P–19J), 77 W. Jackson,

Chicago, IL 60604 or fax number at,

(312) 353–1155.

FOR FURTHER INFORMATION CONTACT:

Kenneth Glatz, Remedial Project

Manager at (312) 886–1434 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 a.m. to

4 p.m.; Arcanum Public Library, 101

North Street, Arcanum, OH, 55802,

(937) 692–8484, Monday to Thursday 9

p.m. to 8 a.m. and Friday and Saturday

9 a.m. to 5 p. m. ; Ohio Environmental

Protection Agency, 122 S. Front Street,

Lazarus Government Building,

Columbus, OH 43215, (614) 644–3020,

Monday through Friday 8 a.m. to 5 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 20, 2001.

David A. Ullrich,

Acting Regional Administrator, Region V.

[FR Doc. 01–16288 Filed 6–29–01; 8:45 am]

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