Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Rules and Regulations 9209

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Dated: January 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 52.726 is amended by

adding paragraph (z) to read as follows:

§ 52.726 Control strategy: Ozone.

* * * * *

(z) Negative declaration—Industrial

cleaning solvents category. On

December 23, 1999, the State of Illinois

certified to the satisfaction of the United

States Environmental Protection Agency

that no major sources categorized as part

of the industrial cleaning solvents

category are located in the Chicago

ozone nonattainment area. The Chicago

ozone nonattainment area includes

Cook County, DuPage County, Aux

Sable and Goose Lake Townships in

Grundy County, Kane County, Oswego

Township in Kendall County, Lake

County, McHenry County and Will

County.

[FR Doc. 01–1822 Filed 2–6–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[DE043–1030a; FRL–6941–3]

Approval and Promulgation of Air

Quality Implementation Plans;

Delaware; Revisions to New Source

Review

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action to convert its conditional

approval of Delaware’s revised New

Source Review (NSR) regulations to a

full approval and to incorporate those

revised regulations into the Delaware

State Implementation Plan (SIP).

Delaware submitted the revised

regulations as a SIP revision to satisfy

conditions imposed by EPA in its

conditional approval of the NSR

program published in the Federal

Register on April 3, 1998. EPA is

converting its conditional approval to a

full approval as Delaware’s revised

regulations satisfy those conditions.

This action is being taken in accordance

with the requirements of the Clean Air

Act.

DATES: This rule is effective on April 9,

2001 without further notice, unless EPA

receives adverse written comment by

March 9, 2001. If EPA receives such

comments, it 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 should

be mailed to Makeba Morris, Chief,

Permits and Technology Assessment

Branch, Mailcode 3AP11, U.S.

Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air Protection Division,

U.S. Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103; the

Air and Radiation Docket and

Information Center, U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460; and Delaware

Department of Natural Resources &

Environmental Control, 89 Kings

Highway, P.O. Box 1401, Dover,

Delaware 19903.

FOR FURTHER INFORMATION CONTACT:

Linda Miller, (215) 814–2068, or by email at miller.linda@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On April 30, 1999, the Delaware

Department of Natural Resources and

Environmental Control submitted a

formal revision to its State

Implementation Plan (SIP). The SIP

revision consists of amended New

Source Review (NSR) regulations found

in Delaware Regulation 25,

Requirements for Preconstruction

Review. Regulation 25, sections 1 and 2,

affect major new or modified stationary

sources in nonattainment areas. The SIP

Revision was submitted to meet the

requirements imposed by EPA in its

conditional approval of Delaware’s NSR

program published on April 3, 1998 (64

FR 16433–16535). The conditional

approval required that certain

deficiencies be corrected and

clarifications made to Delaware’s NSR

program. Delaware’s April 30, 1999

submittal satisfies the requirements of

the April 3, 1998 conditional approval.

This rulemaking will convert the

conditional approval of Delaware’s NSR

program to a full approval and

incorporate Delaware’s revised NSR

regulations into the Delaware SIP.

Summary of SIP Revision

The SIP submission includes

revisions to the Delaware Regulations

Governing the Control of Air Pollution,

Regulation 25—REQUIREMENTS FOR

PRECONSTRUCTION REVIEW. Brief

descriptions of the deficiencies noted in

EPA’s April 3, 1998 conditional

approval and how they have been

corrected or resolved are provided

below:

1. Deficiency: EPA stated that

Delaware’s regulations did not provide

special modification procedures found

in the Clean Air Act (CAA) Section

182(c)(7). Under federal regulations, a

source that makes a single modification

at a unit which is greater than 100 tons

per year can choose to make an 130%

emission decrease at the same source

(rather than off site). The source can

then choose to follow different

procedures for determining control

technology requirements.

Clarification: Upon further review

and discussion with Delaware, EPA

determined that the Delaware

regulations are not deficient in this

regard. Delaware has retained the ‘‘dual

definition’’ of major stationary source.

As this definition of stationary source is

both the source and the individual unit,

the special rule for modifications would

be less stringent than the existing

Delaware regulations.

2. Deficiency: EPA stated that public

participation procedures must be

consistent with Federal regulations (as

found in 40 CFR 51.161). The Delaware

regulations did not specify that the

public participation procedures found

in another section of the Delaware

regulations must be used in issuing

nonattainment NSR permits.

Correction: New provisions have been

added to the Delaware regulations at

Delaware Regulation 25.2.4.D.2. The

revised regulation requires the

appropriate 30 day public comment

period for nonattainment area NSR

permits.

3. Deficiency: EPA stated that

Delaware regulations did not contain a

provision consistent with federal

regulations (40 CFR 51.165 (a)(3)(ii)(A)).

This federal requirement states that

where a regulatory emission limitation

(referred to as the allowable rate) is

higher than is physically possible at a

particular source (referred to as the

potential of the source), credit for any

emission reductions (emission offsets)

9210 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Rules and Regulations

will be given only for reductions below

the potential of the source.

Correction: Provision 25–2.5 B has

been added to Delaware law. The

Delaware regulation is now consistent

with the federal regulation and ensures

that emission credit is not given for

emissions which a source would not

have the potential to emit.

4. Deficiency: EPA stated that

Delaware’s regulations did not have

necessary safeguards for granting

emission offset credit for fuel switching,

as found in federal regulations at 40

CFR 51.165 (a)(3)(ii)(B). If a source has

the ability to revert to a more polluting

fuel, a federally enforceable requirement

to maintain lower emission levels is

necessary.

Correction: The needed restrictive

language has been added to Delaware

Regulations at 25–2.4C.2 and 2.5 A. The

Delaware regulations ensure that all

emission reductions happen before

emission credit can be used elsewhere.

They further require that emission

reductions be federally enforceable such

that a source which chooses to switch

fuels and generate emission credits must

have an enforceable permit or agreement

to restrict emissions.

5. Deficiency: EPA stated that

Delaware’s regulations did not include

appropriate safeguards for granting

emission reduction credits. Specifically,

requirements that all emission offset

reductions are federally enforceable,

restrictions on granting emission offset

credits for sources which previously

shut down or curtailed production, and

prohibition from granting emission

offset credits for emission reductions

required by other requirements of the

Clean Air Act.

Correction: New provisions have been

added to Delaware Regulation 25–2.5

(paragraphs A, C, D and E) and 2.4.

These new provisions ensure that all

offset credits meet federal requirements.

6. Deficiency: EPA stated that

Delaware regulations did not restrict

where offsetting emission reductions

occurred. Federal regulations require

that emission offsets are used only in

areas which have been classified as the

same or higher nonattainment

classification.

Correction: The Delaware Regulations

were revised to add 25–2.5E. This

provision requires that emission offsets

must be generated in an area with the

same or higher air quality classification.

EPA is publishing this rule to convert

its conditional approval of Delaware’s

NSR program to a full approval without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comment. However, in the ‘‘Proposed

Rules’’ section of today’s Federal

Register, EPA is publishing a separate

document that will serve as the proposal

to approve the SIP revision if adverse

comments are filed. This rule will be

effective on April 9, 2001 without

further notice unless EPA receives

adverse comment by March 9, 2001. If

EPA receives adverse comment, EPA

will publish a timely withdrawal in the

Federal Register informing the public

that the rule will not take effect. EPA

will address all public comments in a

subsequent final rule based on the

proposed rule. EPA will not institute a

second comment period on this action

converting its conditional approval of

Delaware’s NSR program to to a full

approval. Any parties interested in

commenting must do so at this time.

II. Final Action

EPA is taking direct final action to

convert its conditional approval of

Delaware’s revised New Source Review

(NSR) regulations to a full approval and

to incorporate those regulations into the

Delaware State Implementation Plan

(SIP). These regulations define the

requirements for the nonattainment

New Source Review program in

Delaware. This action will also remove

the conditional approval provision

found at 40 CFR 52.424(c).

III. Administrative Requirements

A. General 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 approves state law as

meeting federal requirements and

imposes no additional requirements

beyond those imposed by state law.

Accordingly, the Administrator certifies

that this 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 approves preexisting 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).

For the same reason, this rule also does

not significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10, 1998). 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 (64 FR 43255,

August 10, 1999), 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

Clean Air Act. This 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 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.).

B. Submission to Congress and the

Comptroller General

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. 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 rule is not a

Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Rules and Regulations 9211

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

C. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action converting EPA’s conditional

approval of revisions to the Delaware

SIP for NSR to a full approval must be

filed in the United States Court of

Appeals for the appropriate circuit by

April 9, 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, Nitrogen dioxide,

VOCs, Ozone.

Dated: January 17, 2001.

Bradley M. Campbell,

Regional Administrator, Region III.

40 CFR part 52 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 I—Delaware

2. In § 52.420, the table in paragraph

(c) is amended by revising entries 1 and

2 under Regulation 25 to read as

follows:

§ 52.420 Identification of plan.

* * * * *

(c) * * *

EPA-APPROVED REGULATIONS IN THE DELAWARE SIP

State citation Title/subject State effective date EPA approval date Comments

*******

Regulation 25 Requirements for preconstruction review.

Section 1 ................... General provisions ......... 1/1/93 (as revised 5/

11/99).

[2/7/01 and FR cite] Excluding § 1.2, 1.6, 1.9(L), 1.9(M),

1.9(N), 1.9(O) which relate to Prevention of Significant Deterioration.

Section 2 ................... Emission offset provisions.1/1/93 (as revised 5/

11/99).

[2/7/01 and FR cite].

*******

3. In § 52.424, paragraph (c) is

removed and reserved.

[FR Doc. 01–3158 Filed 2–6–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 721

[OPPTS–50638A; FRL–6769–7]

RIN 2070–AB27

Significant New Uses of Certain

Chemical Substances; Delay of

Effective Date

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final Rule; Delay of Effective

Date.

SUMMARY: In accordance with the

memorandum of January 20, 2001, from

the Assistant to the President and Chief

of Staff, entitled ‘‘Regulatory Review

Plan,’’ published in the Federal Register

on January 24, 2001 (66 FR 7701), this

action temporarily delays for 60 days

the effective date of the rule entitled

‘‘Significant New Uses of Certain

Chemical Substances; Direct Final

Rule,’’ published in the Federal Register

on December 26, 2000 (65 FR 81386)

(FRL–6592–8). That rule concerns EPA’s

promulgation of significant new use

rules (SNURs) under section 5(a)(2) of

the Toxic Substances Control Act

(TSCA) for 40 chemical substances

which were the subject of

premanufacture notices (PMNs) and

subject to TSCA section 5(e) consent

orders issued by EPA.

DATES: The new effective date of the

Significant New Uses of Certain

Chemical Substances; Direct Final Rule,

amending 40 CFR part 721 published in

the Federal Register on December 26,

2000 at 65 FR 81386 (FRL–6592–8),

from February 26, 2001, to a new

effective date of April 27, 2001.

FOR FURTHER INFORMATION CONTACT:

James Alwood, Chemical Control

Division (7405), Office of Pollution

Prevention and Toxics, Environmental

Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460;

telephone number: (202) 260–1857; email address: alwood.jim@epa.gov.

SUPPLEMENTARY INFORMATION: To the

extent that 5 U.S.C. 553 applies to this

action, it is exempt from notice and

comment because it constitutes a rule of

procedure under 5 U.S.C. 553(b)(A).

Alternatively, the Agency’s

implementation of this action without

opportunity for public comment,

effective immediately upon publication

today in the Federal Register, is based

on the good cause exceptions in 5 U.S.C.

553(b)(B) and 553(d)(3). Seeking public

comment is impracticable, unnecessary

and contrary to the public interest. The

temporary 60–day delay in effective

date is necessary to give Agency

officials the opportunity for further

review and consideration of new

regulations, consistent with the

Assistant to the President’s

memorandum of January 20, 2001.

Given the imminence of the effective

date, seeking prior public comment on

this temporary delay would have been

impractical, as well as contrary to the

public interest in the orderly

promulgation and implementation of

regulations. The imminence of the

effective date is also good cause for

making this rule immediately effective

upon publication.