Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Rules and Regulations 11543

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–6948–7]

RIN 2060–AH47

National Emission Standards for

Hazardous Air Pollutant Emissions:

Group IV Polymers and Resins

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule; extension of

compliance.

SUMMARY: The EPA is taking direct final

action to extend certain compliance

dates contained in national emission

standards for hazardous air pollutant

emissions for Group IV polymers and

resins for the equipment leaks

provisions as applied to polyethylene

terephthalate (PET) affected sources. We

are approving this compliance extension

pursuant to section 301(a)(1) of the

Clean Air Act (CAA) to complete

reconsideration of equipment leaks

provisions and any necessary revision to

the rule. We are also correcting a

referencing error.

DATES: The rule is effective on April 27,

2001 without further notice, unless the

EPA receives adverse comment by

March 28, 2001 unless a hearing is

requested by March 8, 2001. If a hearing

is requested, written comments must be

received by April 12, 2001.

If we receive such comment, we will

publish a timely withdrawal in the

Federal Register informing the public

that this rule will not take effect.

ADDRESSES: Comments. Comments

should be submitted (in duplicate, if

possible) to: Air and Radiation Docket

and Information Center (6102),

Attention Docket Number A–92–45

(Group IV Polymers and Resins), Room

M–1500, U.S. EPA, 1200 Pennsylvania

Avenue, Washington, DC 20460. The

EPA requests that a separate copy also

be sent to the contact person listed

below. Comments and data may also be

submitted electronically by following

the instructions provided in the

SUPPLEMENTARY INFORMATION section. No

Confidential Business Information (CBI)

should be submitted through electronic

mail.

FOR FURTHER INFORMATION CONTACT: Mr.

Keith Barnett, U.S. EPA, Organic

Chemicals Group, Emission Standards

Division (MD–13) Office of Air Quality

Planning and Standards, Research

Triangle Park, NC 27711, telephone

(919) 541–5605, fax (919) 541–3470, and

electronic mail: barnett.keith@epa.gov.

SUPPLEMENTARY INFORMATION: Docket.

The docket reflects the full

administrative record for this action and

includes all the information relied upon

by EPA in the development of this rule.

The docket is a dynamic file because

material is added throughout the

rulemaking process. The docketing

system is intended to allow members of

the public and industries involved to

readily identify and locate documents

so that they can effectively participate

in the rulemaking process. Along with

the proposed and promulgated

standards and their preambles, the

contents of the docket will serve as the

record in the case of judicial review.

(See section 307(d)(7)(A) of the CAA.)

The regulatory text and other materials

related to this rulemaking are available

for review in the docket or copies may

be mailed on request from the Air

Docket by calling (202) 260–7548. A

reasonable fee may be charged for

copying docket materials.

World Wide Web (WWW). In addition

to being available in the docket, an

electronic copy of this action will also

be available on the WWW through the

Technology Transfer Network (TTN).

Following the Administrator’s signature,

a copy of the action will be posted on

the TTN’s policy and guidance page for

newly proposed or promulgated rules

http://www.epa.gov/ttn/oarpg. The TTN

provides information and technology

exchange in various areas of air

pollution control. If more information

regarding the TTN is needed, call the

TTN HELP line at (919) 541–5384.

Regulated Entities. Regulated

categories and entities include:

Category Examples of regulated entities

Industry .... Facilities manufacturing PET

using a batch dimethyl

terephthalate (DMT) process,

PET facilities using a continuous DMT process, PET facilities using a batch terephthalic

acid (TPA) process, and PET

facilities using a continuous

TPA process.

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

regulated by the Group IV Polymers and

Resins standards. Other types of entities

not listed in the table could also be

regulated. To determine whether your

facility is regulated, you should

carefully examine the applicability

criteria in § 63.1310 of the rule. If you

have questions regarding the

applicability of this action to a

particular entity, consult the person

listed in the preceding FOR FURTHER

INFORMATION CONTACT section.

Judicial Review. Under section

307(b)(1) of the CAA, judicial review of

this direct final rule is available by

filing a petition for review in the U.S.

Court of Appeals for the District of

Columbia Circuit by June 26, 2001.

Under section 307(b)(2) of the CAA, the

requirements that are the subject of this

direct final rule may not be challenged

later in civil or criminal proceedings

brought by the EPA to enforce these

requirements.

The EPA is publishing this rule

without prior proposal because we view

this as a noncontroversial amendment

and anticipate no adverse comment.

However, in the ‘‘Proposed Rule’’

section of today’s Federal Register

publication, we are publishing a

separate document that will serve as the

proposal to approve the extension of the

compliance dates specified in 40 CFR

63.1311(b) and (d)(6) for polyethylene

terephthalate (PET) affected sources if

adverse comments are filed. This rule

will be effective on April 27, 2001

without further notice, unless we

receive adverse comment by March 28,

2001. If the EPA receives adverse

comment, we will publish a timely

withdrawal in the Federal Register

informing the public that the rule will

not take effect. We will address all

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.

I. Background and Rationale

On September 12, 1996, we

promulgated NESHAP for Group IV

Polymers and Resins as subpart JJJ in 40

CFR part 63. Section 63.1331 establishes

standards for equipment leaks based on

the equipment leaks provisions from the

Hazardous Organic NESHAP (HON), 40

CFR part 63, subpart H. The final rule

required existing sources to comply

with 40 CFR 63.1331 beginning March

12, 1997.

Subsequent to the promulgation of the

Group IV Polymers and Resins rule, the

compliance date for existing PET

facilities has been extended to February

27, 2001. In addition, a petition was

submitted by two PET manufacturers

requesting reconsideration of the

technical basis for estimates of

emissions, emissions reductions, and

costs for equipment leaks emissions

control at PET affected sources. A

second petition was subsequently filed

by a third PET manufacturer requesting

the same relief. We elected to act upon

the petitioners’ requests to reconsider

the equipment leaks provisions of the

11544 Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Rules and Regulations

1996 rule as it applies to PET affected

sources.

Our reconsideration has created

uncertainty with regard to compliance

requirements for the PET equipment

leaks provisions. Furthermore, our

reconsideration has led the Agency to

publish in the Federal Register on June

8, 1999, a proposal to deny the petitions

(64 FR 30456). We are considering

public comments on the proposed

denial and will publish a final action on

the petitions. Therefore, this period of

uncertainty will continue until we

publish a final decision. For these

reasons, we are providing an extension

of the compliance dates associated with

the provisions which regulate

equipment leaks for PET affected

sources for six months to allow time to

take final action on the petitions for

reconsideration. This extension applies

to affected sources in the following

regulated subcategories: (1) PET using a

batch dimethyl terephthalate process,

(2) PET using a continuous dimethyl

terephthalate process, (3) PET using a

batch terephthalic acid process, and (4)

PET using a continuous terephthalic

acid process. It does not affect any other

provisions of the Group IV Polymers

and Resins rule, or any other source

categories or subcategories.

II. Authority for Extension of the

Compliance Date

By this action, we are providing,

pursuant to section 301(a)(1) of the

CAA, an extension of the compliance

dates specified in 40 CFR 63.1311(b)

and (d)(6), only as necessary to

complete reconsideration and potential

revision of the rule. We intend to

complete reconsideration of the rule

and, following the notice and comment

procedures of section 307(d) of the

CAA, take appropriate action as

expeditiously as possible. We do not

believe this extension will, as a practical

matter, impact the overall effectiveness

of the rule. We will seek to ensure that

the affected parties are not unduly

prejudiced by the EPA’s

reconsideration. The compliance dates

will be extended until August 27, 2001.

At the time of publication of the final

decision on the petitions, we will

establish new compliance dates as

necessary to allow PET facilities

sufficient time to comply with the final

equipment leaks provisions of the rule.

III. Impacts

The extension of the compliance dates

for equipment leaks at PET affected

sources will not affect the eventual

annual estimated emissions reductions

or the control cost for the rule.

IV. Administrative Requirements

A. Executive Order 12866, Regulatory

Planning and Review

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the EPA must

determine whether the regulatory action

is ‘‘significant’’ and therefore subject to

review by Office of Management and

Budget (OMB) on the basis of the

requirements of the Executive Order in

addition to its normal review

requirements. The Executive Order

defines ‘‘significant regulatory action’’

as one that is likely to result in a rule

that may:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities;

(2) create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

(4) raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

This direct final rule does not fall

within any of the four categories

described above. Instead, the direct final

rule will provide an extension of the

compliance dates specified in 40 CFR

63.1311(b) and (d)(6) for PET affected

sources. The direct final rule does not

add any additional control

requirements. This direct final rule was

determined to be ‘‘non-significant’’

under Executive Order 12866 and was

not submitted for review by OMB.

B. Executive Order 13132, Federalism

Executive Order 13132, entitled

‘‘Federalism’’ (64 FR 43255, August 10,

1999), requires EPA to develop an

accountable process to ensure

‘‘meaningful and timely input by State

and local officials in the development of

regulatory policies that have federalism

implications.’’ ‘‘Policies that have

federalism implications’’ is defined in

the Executive Order to include

regulations that 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.’’

This direct final rule does not have

federalism implications. It 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. This is because

the final action applies to affected

sources in PET facilities, not to States or

local governments. Nor will State law be

preempted, or any mandates be imposed

on States or local governments. Thus,

the requirements of section 6 of the

Executive Order do not apply to this

final action.

C. Consultation With Tribal

Governments

On November 6, 2000, the President

issued Executive Order 13175 (65 FR

67249) entitled, ‘‘Consultation and

Coordination with Indian Tribal

Governments.’’ Executive Order 13175

took effect on January 6, 2001, and

revokes Executive Order 13084 (Tribal

Consultation) as of that date. The EPA

developed this final rule, however,

during the period when Executive Order

13084 was in effect; thus, EPA

addressed tribal considerations under

Executive Order 13084. Under

Executive Order 13084, we may not

issue a regulation that is not required by

statute, that significantly or uniquely

affects the communities of Indian tribal

governments, and that imposes

substantial direct compliance costs on

those communities unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or we consult with those

governments. If we comply by

consulting, we are required by

Executive Order 13084 to provide to the

OMB in a separately identified section

of the preamble to the rule, a

description of the extent of our prior

consultation with representatives of

affected tribal governments, a summary

of the nature of their concerns, and a

statement supporting the need to issue

the regulation. In addition, Executive

Order 13084 requires us to develop an

effective process permitting elected

officials and other representatives of

Indian tribal governments ‘‘to provide

meaningful and timely input in the

development of regulatory policies on

matters that significantly or uniquely

affect their communities.’’

Today’s direct final rule does not

significantly or uniquely affect the

communities of Indian tribal

governments because they do not own

or operate any of the sources affected by

this rule. Accordingly, the requirements

of section 3(b) of Executive Order 13084

do not apply to this action.

Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Rules and Regulations 11545

D. Executive Order 13045, Protection of

Children From Environmental Health

Risks and Safety Risks

Executive Order 13045 (62 FR 19885,

April 23, 1997) applies to any rule that:

(1) Is determined to be ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

we have reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

The EPA interprets Executive Order

13045 as applying only to those

regulatory actions that are based on

health or safety risks, such that the

analysis required under section 5–501 of

the Executive Order has the potential to

influence the regulation. This action is

not subject to Executive Order 13045

because it is not an economically

significant regulatory action as defined

in Executive Order 12866, and it is

based on technology performance, and

not on health or safety risks.

E. Unfunded Mandates Reform Act of

1995

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and the private

sector. Under section 202 of the UMRA,

we must generally prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with ‘‘Federal mandates’’ that may

result in expenditures to State, local,

and tribal governments, in the aggregate,

or to the private sector, of $100 million

or more in any 1 year. Before

promulgating a rule for which a written

statement is needed, section 205 of the

UMRA generally requires us to identify

and consider a reasonable number of

regulatory alternatives and adopt the

least-costly, most cost-effective, or leastburdensome alternative that achieves

the objectives of the rule. The

provisions of section 205 do not apply

when they are inconsistent with

applicable law. Moreover, section 205

allows us to adopt an alternative other

than the least-costly, most cost-effective,

or least-burdensome alternative if the

Administrator publishes with the final

rule an explanation why that alternative

was not adopted. Before we establish

any regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying potentially

affected small governments, enabling

officials of affected small governments

to have meaningful and timely input in

the development of our regulatory

proposals with significant Federal

intergovernmental mandates, and

informing, educating, and advising

small governments on compliance with

the regulatory requirements.

The EPA has determined that today’s

direct final rule does not contain a

Federal mandate that may result in

expenditures of $100 million or more

for State, local, and tribal governments,

in the aggregate, or the private sector in

any 1 year. This action does not impose

any enforceable duties on State, local, or

tribal governments, i.e., they own or

operate no sources subject to the Group

IV Polymers and Resins NESHAP and

therefore are not required to purchase

control systems to meet the

requirements of the NESHAP. Regarding

the private sector, today’s action will

not add any additional control

requirements. Thus, today’s action is

not subject to the requirements of

sections 202 and 205 of the UMRA.

We have also determined that this

action contains no regulatory

requirements that might significantly or

uniquely affect small governments. This

action does not impose any enforceable

duties on small governments, i.e., they

own or operate no sources subject to the

NESHAP and, therefore, are not

required to purchase control systems to

meet the requirements of the NESHAP.

F. Regulatory Flexibility

The EPA has determined that it is not

necessary to prepare a regulatory

flexibility analysis in connection with

this direct final rule. The EPA has also

determined that this direct final rule

will not have a significant impact on a

substantial number of small entities

because no small entities are subject to

the NESHAP.

G. Paperwork Reduction Act

For the Group IV Polymers and Resins

NESHAP, the information collection

requirements were submitted to OMB

under the Paperwork Reduction Act.

The OMB approved the information

collection requirements and assigned

OMB control number 2060–0351. An

Agency may not conduct or sponsor,

and a person is not required to respond

to, a collection of information unless it

displays a currently valid OMB control

number. The OMB control numbers for

the EPA’s regulations are listed in 40

CFR part 9 and 48 CFR chapter 15. The

EPA has amended 40 CFR part 9 to

indicate the information collection

requirements contained in the Group IV

Polymers and Resins NESHAP.

Today’s action has no impact on the

information collection burden estimates

made previously. Therefore, the

information collection burden estimates

have not been revised.

H. National Technology Transfer and

Advancement Act of 1995

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (NTTAA), Public Law 104–

113, § 12(d) (15 U.S.C. 272 note), directs

the EPA to use voluntary consensus

standards in its regulatory activities

unless to do so would be inconsistent

with applicable law or otherwise

impractical. Voluntary consensus

standards are technical standards (e.g.,

materials specifications, test methods,

sampling procedures, business

practices, etc.) that are developed or

adopted by voluntary consensus

standard bodies. The NTTAA requires

the EPA to provide Congress, through

OMB, explanations when the Agency

decides not to use available and

applicable voluntary consensus

standards.

The Group IV Polymers and Resins

NESHAP includes technical standards.

Therefore, the EPA searched for

applicable voluntary consensus

standards by searching the National

Standards System Network (NSSN)

database. The NSSN is an automated

service provided by the American

National Standards Institute for

identifying available national and

international standards.

The EPA searched for methods

potentially equivalent to the methods

required by the Group IV Polymers and

Resins NESHAP, all of which are

methods previously promulgated by the

EPA. The NESHAP includes methods

that measure: (1) determination of

excess air correction factor (%O2) (EPA

Method 3B); (2) sampling site location

(EPA Method 1 or 1A); (3) volumetric

flow rate (EPA Methods 2, 2A, 2C, or

2D); (4) gas analysis (EPA Method 3); (5)

stack gas moisture (EPA Method 4); (6)

concentration of organic Hazardous Air

Pollutants (EPA Method 18 or 25A); and

(7) organic compound equipment leaks

(EPA Method 21). These EPA methods

are found in appendix A to 40 CPR part

60.

No potentially equivalent methods for

the methods in the rule were found in

the NSSN database search, and none

were brought to our attention in

comments on the proposed denial of the

11546 Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Rules and Regulations

petitions. Therefore, the EPA has

decided to use the methods listed above.

I. Congressional Review Act

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. The 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). This direct final rule will be

effective on April 27, 2001.

List of Subjects in 40 CFR Part 63

Environmental protection,

Administrative practice and procedure,

Air pollution control, Hazardous

substances, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Dated: February 20, 2001.

Christine T. Whitman,

Administrator.

For the reasons set out in the

preamble, part 63 of Chapter I of title 40

of the Code of Federal Regulations is

amended as follows:

PART 63—[AMENDED]

1. The authority citation for part 63

continues to read as follows:

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

Subpart JJJ—[Amended]

2. Section 63.1311 is amended by

revising paragraphs (b) and (d)(6) to

read as follows:

§ 63.1311 Compliance schedule and

relationship of this subpart to existing

applicable rules.

* * * * *

(b) New affected sources that

commence construction or

reconstruction after March 29, 1995

shall be in compliance with this subpart

upon initial start-up or September 12,

1996, whichever is later, as provided in

§ 63.6(b), except that new affected

sources whose primary product, as

determined using the procedures

specified in § 63.1310(f), is PET shall be

in compliance with § 63.1331 upon

initial start-up or August 27, 2001,

whichever is later.

* * * * *

(d) * * *

(6) Notwithstanding paragraphs (d)(1)

through (5) of this section, existing

affected sources whose primary product,

as determined using the procedures

specified in § 63.1310(f), is PET shall be

in compliance with § 63.1331 no later

than August 27, 2001.

* * * * *

[FR Doc. 01–4652 Filed 2–23–01; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Parts 400, 430, 431, 434, 435,

438, 440, and 447

[HCFA–2001–F2]

RIN 0938–A170

Medicaid Program; Medicaid Managed

Care: Delay of Effective Date

AGENCY: Health Care Financing

Administration (HCFA), HHS.

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 January 24, 2001

Federal Register, this action temporarily

delays for 60 days the effective date of

the final rule entitled ‘‘Medicaid

Program; Medicaid Managed Care’’

published in the January 19, 2001

Federal Register (66 FR 6227). That

final rule amends the Medicaid

regulations to implement provisions of

the Balanced Budget Act of 1997 (BBA)

that allow the States greater flexibility

by permitting them to amend their State

plan to require certain categories of

Medicaid beneficiaries to enroll in

managed care entities without obtaining

waivers if beneficiary choice is

provided; establish new beneficiary

protections in areas such as quality

assurance, grievance rights, and

coverage of emergency services;

eliminate certain requirements viewed

by State agencies as impediments to the

growth of managed care programs, such

as the enrollment composition

requirement, the right to disenroll

without cause at any time, and the

prohibition against enrollee costsharing. In addition, that final rule

expands on regulatory beneficiary

protections provided to enrollees of

prepaid health plans (PHPs) by

requiring that PHPs comply with

specified BBA requirements that would

not otherwise apply to PHPs.

The effective date of that rule, which

would have been April 19, 2001, is now

June 18, 2001. The temporary 60-day

delay in effective date is necessary to

give Department officials the

opportunity for further review and

consideration of new regulations,

consistent with the Assistant to the

President’s memorandum of January 20,

2001. Additionally, due to this delay in

the effective date of the rule, the

implementation date of the rule, which

would have also been April 19, 2001, is

now June 18, 2001. Therefore,

provisions of the rule that must be

implemented through contracts with

managed care organizations, prepaid

health plans, health insuring

organizations, or enrollment brokers are

effective with respect to contracts that

are up for renewal or renegotiation on

or after June 18, 2001, but no later than

June 18, 2002.

To the extent that 5 U.S.C. section 553

applies to this action, it is exempt from

notice and comment because it

constitutes a rule of procedure under 5

U.S.C. section 553 (b)(3)(1).

Alternatively, HCFA’s implementation

of this rule 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. sections

553(b)(3)(B) and 553(d)(3), in that

seeking public comment is

impracticable, unnecessary, and

contrary to the public interest. 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.

DATES: The effective date of the rule

amending 42 CFR parts 400, 430, 431,

434, 435, 438, 440, and 447 published

in the January 19, 2001 Federal Register

(66 FR 6228) is delayed 60 days until

June 18, 2001.

Additionally, the implementation

date of the rule is delayed until June 18,

2001. Therefore, provisions of the rule

that must be implemented through

contracts with managed care

organizations, prepaid health plans,

health insuring organizations, or

enrollment brokers are effective with

respect to contracts that are up for

renewal or renegotiation on or after June

18, 2001, but no later than June 18,

2002.

FOR FURTHER INFORMATION CONTACT:

Bruce Johnson (410) 786–0615.