[Federal Register Volume 66, Number 25 (Tuesday, February 6, 2001)]
[Rules and Regulations]
[Page 9034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3200]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[FRL-6942-8]
RIN 2060-AG22


Amendments to Standards of Performance for New Stationary 
Sources; Monitoring Requirements: Delay of Effective Date

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final Rule; Delay of Effective Date.

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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, this action temporarily delays for 60 days the 
effective date of the rule entitled Amendments to Standards of 
Performance for New Stationary Sources; Monitoring Requirements, 
published in the Federal Register on August 10, 2000, 65 FR 48914. That 
rule concerns revising monitoring requirements to Performance 
Specification 1 (PS-1) of appendix B to part 60. The revisions clarify 
and update requirements for source owners and operators who must 
install and use continuous stack or duct opacity monitoring equipment. 
The revisions also update design and performance validation 
requirements for continuous opacity monitoring system (COMS) equipment 
in appendix B, PS-1.

DATES: The effective date of the final rule amendments to standards of 
performance for new stationary sources; monitoring requirements, 
published in the Federal Register on August 10, 2000, at 65 FR 48914, 
is delayed for 60 days, from February 6, 2001, to a new effective date 
of April 9, 2001.

FOR FURTHER INFORMATION CONTACT: Mr. David Mobley, Acting Director, 
Emissions, Monitoring, and Analysis Division, (919) 541-5536.

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), in that 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.

    Dated: February 2, 2001.
Christine Todd Whitman,
Administrator.
[FR Doc. 01-3200 Filed 2-5-01; 8:45 am]
BILLING CODE 6560-50-P