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Federal Register / Vol. 67, No.

218 / Tuesday, November 12, 2002 / Proposed Rules 68545

Attorney General’s January 12, 1997 22, 2001)). This action merely proposes errors and ambiguity, minimize
opinion states that the quoted language to approve State law as meeting Federal potential litigation, and provide a clear
renders this statute inapplicable to requirements and imposes no additional legal standard for affected conduct. EPA
enforcement of any Federally authorized requirements beyond those imposed by has complied with Executive Order
programs, since ‘‘no immunity could be State law. Accordingly, the 12630 (53 FR 8859, March 15, 1988) by
afforded from administrative, civil, or Administrator certifies that this examining the implications of the rule
criminal penalties because granting proposed rule will not have a significant in accordance with the ‘‘Attorney
such immunity would not be consistent economic impact on a substantial General’s Supplemental Guidelines for
with Federal law, which is one of the number of small entities under the the Evaluation of Risk and Avoidance of
criteria for immunity.’’ Regulatory Flexibility Act (5 U.S.C. 601 Unanticipated Takings’’ issued under
Therefore, EPA has determined that et seq.). Because this rule proposes to the executive order.
Virginia’s Privilege and Immunity approve pre-existing requirements This proposed rule that pertains to
statutes will not preclude the under State law and does not impose Virginia’s NOX Budget Trading Program
Commonwealth from enforcing its any additional enforceable duty beyond does not impose an information
program consistent with the Federal that required by State law, it does not collection burden under the provisions
requirements. In any event, because contain any unfunded mandate or of the Paperwork Reduction Act of 1995
EPA has also determined that a State significantly or uniquely affect small (44 U.S.C. 3501 et seq.).
audit privilege and immunity law can governments, as described in the
affect only State enforcement and List of Subjects in 40 CFR Part 52
Unfunded Mandates Reform Act of 1995
cannot have any impact on Federal (Public Law 104–4). This proposed rule Environmental protection, Air
enforcement authorities, EPA may at also does not have a substantial direct pollution control, Nitrogen dioxide,
any time invoke its authority under the effect on one or more Indian tribes, on Ozone, Reporting and recordkeeping
Clean Air Act, including, for example, the relationship between the Federal requirements.
section 113, 167, 205, 211 or 213, to Government and Indian tribes, or on the Authority: 42 U.S.C. 7401 et seq.
enforce the requirements or prohibitions distribution of power and
of the State plan, independently of any Dated: October 31, 2002.
responsibilities between the Federal
State enforcement effort. In addition, Donald S. Welsh,
Government and Indian tribes, as
citizen enforcement under section 304 specified by Executive Order 13175 (65 Regional Administrator, Region III.
of the Clean Air Act is likewise FR 67249, November 9, 2000), nor will [FR Doc. 02–28695 Filed 11–8–02; 8:45 am]
unaffected by this, or any, State audit it have substantial direct effects on the BILLING CODE 6560–50–P
privilege or immunity law. States, on the relationship between the
III. Proposed Action national government and the States, or
on the distribution of power and ENVIRONMENTAL PROTECTION
EPA is proposing to approve AGENCY
Virginia’s Regulation for Emissions responsibilities among the various
Trading, 9 VAC Chapter 140, part I— levels of government, as specified in
40 CFR Parts 52 and 81
NOX Budget Trading Program submitted Executive Order 13132 (64 FR 43255,
as a SIP revision on June 25, 2002, with August 10, 1999), because it merely [PA181–4181b; FRL–7399–3]
the following exception: Virginia’s NOX proposes to approve a State rule
implementing a Federal standard, and Approval and Promulgation of Air
allowance banking requirement for flow Quality Implementation Plans;
control is proposed to be conditionally does not alter the relationship or the
distribution of power and Designation of Areas for Air Quality
approved. EPA proposes approval for Planning Purposes; Pennsylvania;
Virginia’s NOX Budget Trading Program responsibilities established in the Clean
Air Act. This proposed rule also is not Redesignation of the Allegheny County
because it substantively satisfies the Carbon Monoxide Nonattainment Area
requirements of the NOX SIP Call. For subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not and Approval of Miscellaneous
Virginia’s NOX banking requirements to Revisions
become fully approvable, Virginia must economically significant.
correct the deficiency identified in this In reviewing SIP submissions, EPA’s AGENCY: Environmental Protection
action and submit the change as a SIP role is to approve State choices, Agency (EPA).
revision, by a date within one year from provided that they meet the criteria of ACTION: Proposed rule.
the final conditional approval, after the Clean Air Act. In this context, in the
which EPA will conduct rulemaking to absence of a prior existing requirement SUMMARY: EPA proposes to approve the
fully approve the revision. If the for the State to use voluntary consensus State Implementation Plan (SIP)
condition is not met within the standards (VCS), EPA has no authority revision submitted by the
specified timeframe, EPA is proposing to disapprove a SIP submission for Commonwealth of Pennsylvania for the
that the rulemaking will convert to a failure to use VCS. It would thus be purpose of redesignating the Pittsburgh
final disapproval. inconsistent with applicable law for area carbon monoxide (CO)
EPA, when it reviews a SIP submission, nonattainment area to attainment,
IV. Administrative Requirements to use VCS in place of a SIP submission establish a maintenance plan for the
Under Executive Order 12866 (58 FR that otherwise satisfies the provisions of area, and approve the 1990 base year
51735, October 4, 1993), this proposed the Clean Air Act. Thus, the inventory for CO for the area. In the
action is not a ‘‘significant regulatory requirements of section 12(d) of the Final Rules section of this Federal
action’’ and therefore is not subject to National Technology Transfer and Register, EPA is approving the State’s
review by the Office of Management and Advancement Act of 1995 (15 U.S.C. SIP submittal as a direct final rule
Budget. For this reason, this action is 272 note) do not apply. As required by without prior proposal because the
also not subject to Executive Order section 3 of Executive Order 12988 (61 Agency views this as a noncontroversial
13211, ‘‘Actions Concerning Regulations FR 4729, February 7, 1996), in issuing submittal and anticipates no adverse
that Significantly Affect Energy Supply, this proposed rule, EPA has taken the comments. A detailed rationale for the
Distribution, or Use’’ (66 FR 28355 (May necessary steps to eliminate drafting approval is set forth in the direct final

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68546 Federal Register / Vol. 67, No. 218 / Tuesday, November 12, 2002 / Proposed Rules

rule. If no adverse comments are ENVIRONMENTAL PROTECTION complex in Research Triangle Park,
received in response to this action, no AGENCY North Carolina, or an alternative site
further activity is contemplated. If EPA nearby. You should contact Ms. JoLynn
receives adverse comments, the direct 40 CFR Part 61 Collins, U.S. EPA, Research Triangle
final rule will be withdrawn and all [FRL–7405–5] Park, NC 27711, telephone (919) 541–
public comments received will be 5671 to request a public hearing, to
RIN 2060–AJ87 request to speak at a public hearing, or
addressed in a subsequent final rule
based on this proposed rule. EPA will to find out if a hearing will be held.
National Emission Standard for Docket. Docket No. A–2001–23
not institute a second comment period. Benzene Waste Operations
Any parties interested in commenting contains supporting information used in
AGENCY: Environmental Protection developing the proposed amendments.
on this action should do so at this time.
Agency (EPA). The docket is located at the U.S. EPA,
DATES: Comments must be received in 1301 Constitution Avenue, NW.,
ACTION: Proposed rule; amendments.
writing by December 12, 2002. Washington, DC 20460 in room B–108,
SUMMARY: We are proposing to amend and may be inspected from 8:30 a.m. to
ADDRESSES: Written comments should
the national emission standards for 5:30 p.m., Monday through Friday,
be mailed to David L. Arnold, Chief, Air excluding legal holidays.
hazardous air pollutants (NESHAP) for
Quality Planning and Information benzene waste operations, promulgated FOR FURTHER INFORMATION CONTACT: Mr.
Services Branch, Mailcode 3AP21, U.S. on March 7, 1990 (55 FR 8346), under Robert B. Lucas, Waste and Chemical
Environmental Protection Agency, the authority of section 112 of the Clean Process Group, Emission Standards
Region III, 1650 Arch Street, Air Act (CAA). The amendments add an Division (C439–03), Office of Air
Philadelphia, Pennsylvania 19103. exemption for organic vapors routed to Quality Planning and Standards, U.S.
Copies of the documents relevant to this the fuel gas system and a new EPA, Research Triangle Park, North
action are available for public compliance option for tanks, and clarify Caroline 27711, telephone number (919)
inspection during normal business the standards for containers. 541–0884, electronic mail (e-mail),
hours at the Air Protection Division, In the Rules and Regulations section
U.S. Environmental Protection Agency, of this Federal Register, we are taking
Region III, 1650 Arch Street, direct final action on the proposed
information concerning applicability
Philadelphia, Pennsylvania 19103; the amendments because we view this
and rule determinations, contact the
Air and Radiation Docket and action as noncontroversial, and
appropriate regional representative:
Information Center, 1301 Constitution anticipate no adverse comment. We
have explained our reasons for the U.S. EPA New England, Director, Air
Avenue, NW., Room B108, Washington, Compliance Programs, 1 Congress
DC 20460; and Pennsylvania amendments in the preamble to the
direct final rule. Street, Suite 1100 (SEA), Boston, MA
Department of Environmental 02114–2023. Phone contact: (617)
Protection, Bureau of Air Quality, PO If we receive no adverse comment, we
will take no further action on the 918–1656. FAX: (617) 918–1112.
Box 8468, 400 Market Street, Harrisburg, U.S. EPA—Region II, Air Compliance
Pennsylvania 17105. proposed amendments. If we receive
adverse comment, we will withdraw the Branch, 290 Broadway, New York, NY
FOR FURTHER INFORMATION CONTACT: direct final amendments and they will 10007–1866. Phone (212) 637–3000.
Catherine L. Magliocchetti, (215) 814– not take effect. FAX: (212) 637–3526.
U.S. EPA—Region III, Chief, Air
2174, or by e-mail at DATES: Comments. We must receive Enforcement Branch (3AP12), 1650 comments by December 12, 2002, unless Arch Street, Philadelphia, PA 19103–
a hearing is requested by November 22, 2029. Phone: (215) 814–3438. FAX:
further information, please see the (215) 814–2134. Region III Office
Public Hearing. If anyone contacts us Website:
information provided in the direct final requesting to speak at a public hearing
action, with the same title, that is hazpollut/hazairpol.htm.
by November 22, 2002, a public hearing U.S. EPA—Region IV, Air and Radiation
located in the ‘‘Rules and Regulations’’ will be held on November 27, 2002. Technology Branch, Atlanta Federal
section of this Federal Register ADDRESSES: Comments. By U.S. Postal Center, 61 Forsyth Street, SW.,
publication. Service, send comments (in duplicate, if Atlanta, GA 30303–3104. Phone: (404)
Please note that if EPA receives possible) to: Air and Radiation Docket 562–9105. FAX: (404) 562–9095.
adverse comment on an amendment, and Information Center (6102T), U.S. EPA—Region V, Air Enforcement
paragraph, or section of this Attention Docket No. A–2001–23, U.S. and Compliance Assurance Branch
redesignation request, maintenance plan EPA, 1200 Pennsylvania Avenue, NW., (AE17J), 77 West Jackson Boulevard,
and emissions inventory for the CO Washington, DC 20460. In person or by Chicago, IL 60604–3590. Phone: (312)
nonattainment area in southwestern courier, deliver comments (in duplicate, 353–2088. FAX: (312) 353–8289.
Pennsylvania, and if that provision may if possible) to: Air and Radiation Docket U.S. EPA—Region VI, Chief, Toxics
be severed from the remainder of the and Information Center (6102T), Enforcement Section (∧EN–AT), 1445
rule, EPA may adopt as final those Attention Docket No. A–2001–23, Room Ross Avenue, Dallas, TX 75202–2733.
provisions of the rule that are not the B–108, U.S. EPA, 1301 Constitution Phone: (214) 665–7224. FAX: (214)
subject of an adverse comment. Avenue, NW., Washington, DC 20460. 665–2146. Region VI Office Website:
We request a separate copy of each
Dated: October 17, 2002. public comment be sent to the contact Region VII, Bill Peterson, U.S. EPA, 726
Thomas C. Voltaggio, person listed below (see FOR FURTHER Minnesota Avenue, Kansas City, KS
Acting Regional Administrator, Region III. INFORMATION CONTACT). 66101. Phone: (913) 551–7881. FAX:
[FR Doc. 02–28496 Filed 11–8–02; 8:45 am] Public Hearing. If a public hearing is (913) 551–7467.
held, it will begin at 10 a.m. and will U.S. EPA—Region VIII, MACT
be held at the U.S. EPA new facility Enforcement, 999 18th Street, Suite

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