Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations 66317

individual industries, Federal, State, or

local government agencies, or

geographic regions. (c) Does not have

significant adverse effects on

competition, employment, investment,

productivity, innovation, or the ability

of U.S. based enterprises to compete

with foreign-based enterprises. This

determination is based upon the fact

that the State submittal, which is the

subject of this rule, is based upon

counterpart Federal regulations for

which an analysis was prepared and a

determination made that the Federal

regulation was not considered a major

rule.

Unfunded Mandates

This rule will not impose an

unfunded mandate on State, local, or

tribal governments or the private sector

of $100 million or more in any given

year. This determination is based upon

the fact that the State submittal, which

is the subject of this rule, is based upon

counterpart Federal regulations for

which an analysis was prepared and a

determination made that the Federal

regulation did not impose an unfunded

mandate.

List of Subjects in 30 CFR Part 917

Intergovernmental relations, Surface

mining, Underground mining.

Dated: October 24, 2001.

Roger Calhoun,

Acting Regional Director, Appalachian

Regional Coordinating Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal

Regulations is amended as set forth

below:

PART 917—KENTUCKY

1. The authority citation for Part 917

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 917.15 is amended in the

table in paragraph (a) by adding a new

entry in chronological order by ‘‘Date of

Final Publication’’ to read as follows:

§ 917.15 Approval of Kentucky regulatory

program amendments.

(a) * * *

Original amendment

submission date

Date of final

publication Citation/description

*******

May 4, 1999 ............. December 26,

2001

KAR 10:010 Sections 2(2), 5(1), 5(2) and bond forms SME–42(6/99 ed.) and SME–42–F(6/99 ed.)

* * * * *

[FR Doc. 01–31535 Filed 12–21–01; 8:45 am]

BILLING CODE 4310–05–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[LA–55–1–7485a; FRL–7121–4]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes; State of Louisiana;

Redesignation of Lafourche Parish

Ozone Nonattainment Area to

Attainment for Ozone

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on redesignation of Lafourche

Parish from nonattainment to

attainment for the 1-hour ozone

National Ambient Air Quality Standard

(NAAQS). This determination is based

on three years of complete, qualityassured, ambient air monitoring data for

the 1997 to 1999 ozone seasons that

demonstrate that the ozone NAAQS has

been attained in the area. On August 9,

2000 the State of Louisiana submitted a

request to redesignate the ozone

nonattainment area of Lafourche Parish

to attainment. Under the Clean Air Act

(CAA), nonattainment areas may be

redesignated to attainment if sufficient

data are available to warrant the

redesignation and the area meets the

other CAA redesignation requirements.

In this action, EPA will, unless adverse

or critical comment is received, approve

Louisiana’s request for designation of

Lafourche Parish because the request

meets the requirements of the CAA.

DATES: This direct final rule is effective

on February 25, 2002, unless EPA

receives adverse comment by January

25, 2002. If EPA receives such comment,

EPA will publish a timely withdrawal in

the Federal Register informing the

public that this rule will not take effect.

ADDRESSES: Written comments should

be addressed to Mr. Thomas H. Diggs,

Chief, Air Planning Section (6PD–L), at

the EPA Region 6 Office listed below.

Copies of documents relevant to this

action are available for public

inspection during normal business

hours at the following locations.

Anyone wanting to examine these

documents should make an

appointment with the appropriate office

at least two working days in advance.

Environmental Protection Agency,

Region 6, Air Planning Section (6PD–L),

1445 Ross Avenue, Dallas, Texas 75202–

2733.

Louisiana Department of

Environmental Quality, Air Quality

Division, 7290 Bluebonnet Boulevard,

Baton Rouge, Louisiana 70810.

FOR FURTHER INFORMATION CONTACT:

Thomas Diggs at (214) 665–7214.

SUPPLEMENTARY INFORMATION:

Throughout this document wherever

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

the EPA.

Table of Contents

I. What action is EPA taking?

II. What is the background for this action?

III. Why are we taking this action?

IV. What evaluation criteria was used?

V. What are the effects of this action?

VI. Why is this a ‘‘Final Action’’?

VII. What administrative requirements apply

for this action?

I. What Action Is EPA Taking?

We have determined that the

Lafourche Parish ozone nonattainment

area has attained the NAAQS for ozone.

EPA has evaluated the State’s

redesignation request for consistency

with the CAA, EPA regulations and

policy. EPA believes that the

redesignation request and monitoring

data demonstrate that this area has

attained the ozone standard. In addition,

EPA has determined that the

redesignation request meets the

requirements and policy set forth in the

General Preamble and policy

memorandum discussed in this

document for area designations. EPA is

today approving Louisiana’s

redesignation request for Lafourche

Parish.

II. What Is the Background for This

Action?

The CAA as amended in 1977

required areas that were designated

66318 Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations

nonattainment based on failure to meet

the ozone national ambient air quality

standard (NAAQS) to develop State

Implementation Plans (SIPs) with

sufficient control measures to

expeditiously attain and maintain the

standard. Lafourche Parish was

designated under section 107 of the

1977 CAA as nonattainment with

respect to the ozone NAAQS on

September 11, 1978 (40 CFR 81.319). In

accordance with section 110 of the 1977

CAA, the State of Louisiana submitted

an ozone SIP as required by part D on

December 10, 1979. EPA fully approved

this ozone SIP on October 29, 1981 (46

FR 53412).

On November 15, 1990, the CAA

Amendments of 1990 were enacted, 42

U.S.C. 7401–7671q. The ozone

nonattainment designation for

Lafourche Parish continued by

operation of law according to section

107(d)(1)(C)(i) of the CAA, as amended

in 1990 (56 FR 56694). Since the State

had not yet collected the required three

years of ambient air quality data in

Lafourche Parish necessary to petition

for redesignation to attainment, the area

was designated as an ozone

nonattainment area and classified as an

incomplete data area.

On November 18, 1994, the Louisiana

Department of Environmental Quality

(LDEQ) requested redesignation of

Lafourche Parish to attainment of the

NAAQS for ozone. The request was

accompanied by ambient air monitoring

data that showed no violations of the

NAAQS standard of 0.12 parts per

million (ppm) for a period of three years

and a maintenance SIP for ozone. EPA

approved the request for redesignation

to attainment and maintenance SIP on

August 18, 1995 (60 FR 43020), by

issuing a direct final rule. However,

before the redesignation was final, an

ozone NAAQS violation was recorded at

a Lafourche Parish ozone monitoring

station. On December 5, 1997, EPA

corrected the designation for Lafourche

Parish to nonattainment for ozone (62

FR 64284) but left the maintenance SIP

approved August 18, 1995, in place.

On August 9, 2000, LDEQ again

requested redesignation of the ozone

attainment status for Lafourche Parish,

by submitting to EPA data for the period

of January 1, 1997 through December 31,

1999, indicating the NAAQS standard

for ozone had been achieved. EPA has

also evaluated the ozone data for the

years 2000 and 2001. No violations or

the 0.12 ppm ozone standard occured in

these additional years. The data satisfies

the CAA requirements of no more than

one exceedance per annual monitoring

period. There have been no monitored

ozone exceedances for Lafourche Parish

since 1996. Under the CAA,

nonattainment areas may be

redesignated to attainment if sufficient

data are available to warrant the

redesignation and the area meets the

other CAA redesignation requirements.

III. Why Are We Taking This Action?

We are making a determination that

the area has attained the 1-hour ozone

standard and has continued to be in

attainment. EPA bases this

determination upon three years of

complete, quality-assured ambient air

monitoring data for the 1997–1999

ozone seasons that demonstrate that the

ozone NAAQS has been attained in the

Lafourche Parish area. EPA also

determined that the area has continued

to attain the standard, based on the most

recent three years of data.

The 1990 Amendments revised

section 107(d)(3)(E) to provide six

specific requirements that an area must

meet in order to be redesignated from

nonattainment to attainment: (1) The

area must have attained the applicable

NAAQS; (2) the area must meet all

applicable requirements under section

110, (3)the area must meet all applicable

requirements under part D of the CAA;

(4) the area must have a fully approved

SIP under section 110(k) of the CAA; (5)

the air quality improvement must be

permanent and enforceable; and, (6) the

area must have a fully approved

maintenance plan pursuant to section

175A of the CAA. Section 107(d)(3)(D)

allows a Governor to initiate the

redesignation process for an area to

apply for attainment status.

IV. What Evaluation Criteria Was

Used?

The redesignation request meets the

criteria as follows:

A. Attainment of the NAAQS for Ozone

Attainment of the ozone NAAQS is

determined based on the expected

number of exceedances in a calendar

year. The method for determining

attainment of the ozone NAAQS is

contained in 40 CFR 50.9, and appendix

H to that section. The simplest method

by which expected exceedances are

calculated is by averaging actual

exceedances at each monitoring site

over a three year period. An area is in

attainment of the standard if this

average results in expected exceedances

for each monitoring site of 1.0 or less

per calendar year. When a valid daily

maximum hourly average value is not

available for each required monitoring

day during the year, the missing days

must be accounted for when estimating

exceedances for the year. Appendix H

provides the formula used to calculate

exceedances for each year.

The State of Louisiana’s request is

based on an analysis of quality-assured

ozone air quality data which is relevant

to the redesignation request. The data

come from the State and Local Air

Monitoring Station network. The

requests are based on ambient air ozone

monitoring data collected for 3

consecutive years from January 1, 1997,

through December 31, 1999. The data

clearly show an exceedance rate of less

than one for all these areas.

In addition to the demonstration

discussed above, EPA required

completion of air network monitoring

requirements set forth in 40 CFR Part

58. This included a quality assurance

plan revision and a monitoring network

review to determine the adequacy of the

ozone monitoring network. The LDEQ

fulfilled these requirements to complete

documentation for the air quality

demonstration. The LDEQ has also

committed to continue monitoring in

these areas in accordance with 40 CFR

part 58.

In summary, EPA believes that the

data submitted by the LDEQ provides an

adequate demonstration that Lafourche

Parish attained the ozone NAAQS.

Moreover, the monitoring data continue

to show attainment to date. If the

monitoring data record a violation of the

NAAQS before the direct final action is

effective, the direct final approval of the

redesignation will be withdrawn and a

proposed disapproval substituted for the

direct final approval. Please see the TSD

for a detailed discussion of the

monitoring data.

B. Section 110 Requirements

For purposes of redesignation, to meet

the requirement that the SIP contain all

applicable requirements under the CAA,

EPA has reviewed the SIP to ensure that

it contains all measures that were due

under the CAA prior to or at the time

the State submitted its redesignation

request, as set forth in EPA policy. EPA

interprets section 107(d)(3)(E)(v) of the

CAA to mean that, for a redesignation

request to be approved, the State must

have met all requirements that applied

to the subject area prior to or at the same

time as the submission of a complete

redesignation request. In this case, the

date of submission of a complete

redesignation request is August 9, 2000.

Requirements of the CAA that come due

subsequently continue to be applicable

to the area at later dates (see section

175A(c)) and, if redesignation of any of

the areas is disapproved, the State

remains obligated to fulfill those

requirements. These requirements are

discussed in the following EPA

Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations 66319

documents: ‘‘Procedures for Processing

Requests to Redesignate Areas to

Attainment,’’ John Calcagni, Director,

Air Quality Management Division,

September 4, 1992; ‘‘State

Implementation Plan (SIP) Actions

Submitted in Response to Clean Air Act

(CAA) Deadlines,’’ John Calcagni,

Director, Air Quality Management

Division, October 28, 1992; and ‘‘State

Implementation Plan (SIP)

Requirements for Areas Submitting

Requests for Redesignation to

Attainment of the Ozone and Carbon

Monoxide (CO) National Ambient Air

Quality Standards (NAAQS) on or after

November 15, 1992,’’ Michael H.

Shapiro, Acting Assistant

Administrator, September 17, 1993.

These documents are available at the

address above.

EPA has analyzed the Louisiana SIP

and determined that it is consistent with

the requirements of amended section

110(a)(2). The SIP contains enforceable

emission limitations; requires

monitoring, compiling, and analyzing

ambient air quality data; requires

preconstruction review of new major

stationary sources and major

modifications to existing ones; provides

for adequate funding, staff, and

associated resources necessary to

implement its requirements; and

requires stationary source emissions

monitoring and reporting.

C. Part D Requirements

Before Lafourche Parish can be

redesignated to attainment, the

Louisiana SIP must have fulfilled the

applicable requirements of part D of the

CAA. Under part D, an area’s

classification indicates the requirements

to which it will be subject. Subpart 1 of

part D sets forth the basic nonattainment

requirements applicable to all

nonattainment areas, classified as well

as nonclassifiable. Subpart 2 of part D

establishes additional requirements for

nonattainment areas classified under

table 1 of section 181(a)(1).

Section 176(c) of the CAA requires

States to revise their SIPs to establish

criteria and procedures to ensure that

Federal actions, before they are taken,

conform to the air quality planning

goals in the applicable State SIP. The

requirement to determine conformity

applies to transportation plans,

programs and projects developed,

funded, or approved under title 23

U.S.C. or the Federal Transit Act

(‘‘transportation conformity’’), as well as

to all other Federal actions (‘‘general

conformity’’).

Section 176 further provides that the

conformity revisions to be submitted by

the States must be consistent with

Federal conformity regulations that the

CAA required EPA to promulgate. The

EPA promulgated final transportation

conformity regulations on November 24,

1993 (58 FR 62118) and general

conformity regulations on November 30,

1993 (58 FR 63214). These conformity

rules require that States adopt both

transportation and general conformity

provisions in the SIP for areas

designated nonattainment, or subject to

a maintenance plan approved under

CAA section 175A.

Pursuant to 40 CFR 51.390

(transportation conformity) and 40 CFR

51.851 (general conformity), the State of

Louisiana was required to submit a SIP

revision containing transportation

conformity criteria and procedures

consistent with those established in the

Federal rule by November 25, 1994.

Similarly, Louisiana was required to

submit a SIP revision containing general

conformity criteria and procedures

consistent with those established in the

Federal rule by December 1, 1994.

Louisiana submitted both its

transportation and general conformity

rules to EPA on November 10, 1994.

These were approved on December 29,

1999 (64FR72934) and March 9, 1998

(63FR11372) respectively.

The EPA published additional

guidance on maintenance plans and

their applicability to conformity issues

in a memorandum entitled ‘‘Limited

Maintenance Plan Option for

Nonclassifiable Ozone Nonattainment

Areas,’’ (hereinafter ‘‘limited

maintenance plan memo’’) from Sally L.

Shaver, Director, Air Quality Strategies

& Standards Division, on November 16,

1994. This limited maintenance plan

memo discusses maintenance

requirements for certain areas

petitioning for redesignation to

attainment. Nonclassifiable ozone

nonattainment areas with design values

less than 85% of the exceedance level

of the ozone standard are no longer

required to project emissions over the

maintenance period. Lafourche Parish

has a design value less than 85% of the

exceedance value of the ozone standard.

The Federal transportation conformity

rule (58 FR 62188) and the Federal

general conformity rule (58 FR 63214)

apply to areas operating under

maintenance plans. Under either rule,

one means by which a maintenance area

can demonstrate conformity for Federal

projects is to indicate that expected

emissions from planned actions are

consistent with the emissions budget for

the area. Based on guidance discussed

in the limited maintenance plan memo,

emissions inventories in areas that

qualify for the limited maintenance plan

approach are not required to be

projected over the life of the

maintenance plan. EPA feels it is

unreasonable to expect that such an area

as the Lafourch Parish will experience

so much growth in that period that a

violation of the NAAQS would occur.

Emissions budgets in limited

maintenance plan areas would be

treated as essentially not constraining

emissions growth, and would not need

to be capped for the maintenance

period. In these cases, Federal projects

subject to conformity determinations

could be considered to satisfy the

‘‘budget test’’ of the Federal conformity

rules.

D. Fully Approved SIP

The State of Louisiana has a fully

approved SIP for the Lafourche Parish.

E. Permanent and Enforceable Measures

Under the CAA, EPA approved

Louisiana’s SIP control strategy for the

Lafourche Parish, satisfied that the rules

and the emission reductions achieved as

a result of those rules were enforceable.

Several Federal and Statewide rules are

in place which have significantly

improved the ambient air quality in

these areas. Existing Federal programs,

such as the Federal Motor Vehicle

Control Program and the Reid Vapor

Pressure (RVP) limit of 7.8 pounds per

square inch for gasoline, will not be

lifted upon redesignation. These

programs will counteract emissions

growth as the areas experience

economic growth over the life of their

maintenance plans.

The State adopted VOC reduction

rules such as oil/water separation;

degreasing and solvent clean-up

processes; surface coating rules for large

appliances, furniture, coils, paper,

fabric, vinyl, cans, miscellaneous metal

parts and products, and factory surface

coating of flat wood paneling; solventusing rules for graphic arts; and

miscellaneous industrial source rules

such as for cutback asphalt. The

applicable reasonably available control

technology (RACT) rules will also

remain in place in Lafourche Parish. In

addition, the State permits program, the

PSD permits program, and the Operating

Permits program will help counteract

emissions growth.

The EPA finds that the combination of

existing EPA-approved SIP and Federal

measures ensure the permanence and

enforceability of reductions in ambient

ozone levels that have allowed the area

to attain the NAAQS.

F. Fully Approved Maintenance Plan

Under Section 175A

EPA has approved the State’s minimal

maintenance plan for the Lafourche

66320 Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations

Parish (see 60 FR 43020, August 18,

1995). Thus, the Parish has a fully

approved maintenance plan in

accordance with section 175A of the

CAA, which sets forth the elements of

a maintenance plan for areas seeking

redesignation from nonattainment to

attainment. The plan must demonstrate

continued attainment of the applicable

NAAQS for at least ten years after the

Administrator approves a redesignation

to attainment. Eight years after the

redesignation, the State must submit a

revised maintenance plan which

demonstrates that attainment will

continue to be maintained for the ten

years following the initial ten-year

period. To provide for the possibility of

future NAAQS violations, the

maintenance plan contains contingency

measures, with a schedule for

implementation, adequate to assure

prompt correction of any air quality

problems.

V. What Are the Effects of This Action?

This action determines that Lafourche

Parish has attained the 1-hour ozone

standard. This redesignation changes

the official designation for Lafourche

Parish from nonattainment to

attainment for the 1-hour ozone

standard. It also retains the plan for

maintaining the 1-hour standard for 10

years. These plans include contingency

measures to correct any future

violations of the 1-hour ozone standard.

VI. Why Is This a ‘‘Final Action’?

The EPA has evaluated the State of

Louisiana’s redesignation request for

Lafourche Parish for consistency with

the CAA, EPA regulations and policy.

The EPA believes that the redesignation

request and monitoring data

demonstrate that this area has attained

the ozone standard.

The EPA is taking direct final action

on redesignation of Lafourche Parish

from nonattainment to attainment for

the 1-hour ozone National Ambient Air

Quality Standard (NAAQS). EPA is

publishing this rule without prior

proposal because we view this as a

noncontroversial amendment and

anticipate no adverse comments. This

action will be effective February 25,

2002. If EPA receives adverse

comments, we will publish a timely

withdrawal in the Federal Register

informing the public that the rule will

not take effect. We will then address all

adverse public comments in a

subsequent final rule based on the

proposed rule. We will not institute a

second comment period on this action.

Any parties interested in commenting

must do so at this time.

VII. What Administrative Requirements

Apply for This Action?

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. For

this reason, this action is also not

subject to Executive Order 13211,

‘‘Actions Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use’’ (66 FR 28355, May

22, 2001). 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 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

(Pub. L. 104–4).

This rule also does not have tribal

implications because it will 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). This

action also does not have Federalism

implications because it does 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). This action 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

‘‘Protection of Children from

Environmental Health Risks and Safety

Risks’’ (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. 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.).

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. 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. 804(2).

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 February 25,

2002. 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

40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Intergovernmental regulations,

Reporting and recordkeeping, Ozone,

Volatile organic compounds.

40 CFR Part 81

Environmental protection, Air

pollution control, National parks,

Wilderness areas.

Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations 66321

Dated: December 10, 2001.

Lawrence E. Starfield,

Acting Regional Administrator, Region 6.

Parts 52 and 81, title 40 of the Code

of Federal Regulations are 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 T—Louisiana

2. Section 52.975 is amended by

revising paragraph (f) to read as follows:

§ 52.975 Redesignations and maintenance

plans; ozone.

* * * * *

(f) Approval—The Louisiana

Department of Environmental Quality

(LDEQ) submitted minimal maintenance

plans for Lafourche Parish on November

18, 1994. The LDEQ submitted a

redesignation request on August 9,

2000. The maintenance plans meet the

redesignation requirements in section

107(d)(3)(E) of the Act as amended in

1990. The redesignation meets the

Federal requirements of section

182(a)(1) of the Clean Air Act as a

revision to the Louisiana ozone State

Implementation Plan for Lafourche

Parish.

PART 81—[AMENDED]

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

2. In § 81.319, the table entitled

‘‘Louisiana—Ozone (1-Hour Standard)’’

is amended by revising the entry for

Lafourche Parish to read as follows:

§ 81.319 Louisiana.

* * * * *

LOUISIANA—OZONE (1-HOUR STANDARD)

Designated area

Designation Classification

Date 1 Type Date 1 Type

*******

Lafourche Parish ..................................................................... 2/25/02 Attainment.

*******

1This date is October 18, 2000, unless otherwise noted.

[FR Doc. 01–31483 Filed 12–21–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[DC001–1000; FRL–7121–7]

Approval of Section 112(l) Authority for

Hazardous Air Pollutants; District of

Columbia; Department of Health

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule and delegation.

SUMMARY: EPA is taking direct final

action to approve the District of

Columbia (the District) Department of

Health’s (DoH’s) request for delegation

of authority to implement and enforce

its hazardous air pollutant general

provisions and hazardous air pollutant

emission standards for

perchloroethylene dry cleaning

facilities, hard and decorative

chromium electroplating and chromium

anodizing tanks, halogenated solvent

cleaning, and publicly owned treatment

works, as well as the test methods,

which have been adopted by reference

from the Federal requirements set forth

in the Code of Federal Regulations

(CFR). This approval will automatically

delegate future amendments to these

regulations once the District

incorporates those amendments into its

regulations. In addition, EPA is taking

direct final action to approve the

District’s mechanism for receiving

delegation of future hazardous air

pollutant regulations. This mechanism

entails DoH’s incorporation by reference

of the Federal standard (unchanged),

into its hazardous air pollutant

regulation, DoH’s notification to EPA of

such incorporation, and DoH’s

submission of a delegation request letter

to EPA following EPA notification of a

new Federal requirement. EPA is not

waiving its notification and reporting

requirements, therefore, sources will

need to send notifications and reports to

both DoH and EPA. This action pertains

to affected sources, as defined by the

Clean Air Act’s (CAA or the Act)

hazardous air pollutant program. EPA is

taking this action in accordance with

the Act.

DATES: This direct final rule will be

effective February 25, 2002 unless EPA

receives adverse or critical comments by

January 25, 2002. If adverse comment is

received, EPA will publish a timely

withdrawal of the rule in the Federal

Register and inform the public that the

rule will not take effect.

ADDRESSES: Written comments on this

action should be sent concurrently to:

Makeba A. Morris, Chief, Permits and

Technical Assessment Branch, Mail

Code 3AP11, Air Protection Division,

U.S. Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, PA 19103–2029, and

Donald E. Wambsgans II, Program

Manager of the Air Quality Division,

District of Columbia Department of

Health, 825 North Capital Street, NE.,

Suite 400, Washington, DC 20002.

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 and

the District of Columbia Department of

Health, 825 North Capital Street, NE.,

Suite 400, Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT:

Dianne J. McNally, U.S. Environmental

Protection Agency, Region 3, 1650 Arch

Street (3AP11), Philadelphia, PA 19103–

2029, mcnally.dianne@epa.gov

(telephone 215–814–3297). Please note

that any formal comments must be

submitted, in writing, as provided in the

ADDRESSES section of this document.

SUPPLEMENTARY INFORMATION:

I. Background

Section 112(l) of the Act and 40 CFR

part 63 subpart E authorize EPA to

approve of State rules and programs to

be implemented and enforced in place

of certain CAA requirements, including

the National Emission Standards for

Hazardous Air Pollutants set forth in 40

CFR part 63. EPA promulgated the

program approval regulations on

November 26, 1993 (58 FR 62262) and

subsequently amended these regulations