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Federal Register / Vol. 67, No.

217 / Friday, November 8, 2002 / Rules and Regulations 68039

60 days after it is published in the Federal Dated: November 4, 2002. Comments postmarked after this date
Register. These final rule amendments are Jeffrey R. Holmstead, may not be considered.
not a ‘‘major rule’’ as defined by 5 U.S.C. Assistant Administrator for Air and ADDRESSES: Please send an original and
804(2). These amendments will be effective Radiation. three copies of comments and
on September 24, 2002.’’
[FR Doc. 02–28501 Filed 11–7–02; 8:45 am] enclosures (including references) to W–
We are taking this action to correct BILLING CODE 6560–50–U 01–15, WQCR Comment Clerk; Water
the erroneous effective date in the Docket, U.S. EPA, 1200 Pennsylvania
September 24, 2002 notice in part Ave NW, MC–4101T, Washington, DC
because the rule as it existed prior to the ENVIRONMENTAL PROTECTION 20460. Alternatively, comments may be
amendments might have been construed AGENCY submitted electronically in ASCII or
to impose certain compliance Word Perfect 5.1, 5.2, 6.1, or 8.0 formats
obligations on affected sources prior to 40 CFR Part 131 avoiding the use of special characters
November 25, 2002. Since one of the and any form of encryption to OW–
[FRL–7406–1]
stated purposes of the amendments was Docket@epa.gov. Identify electronic
to eliminate confusion concerning these Withdrawal of Federal Human Health comments by the docket number W–01–
same compliance obligations, failure to and Aquatic Life Water Quality Criteria 15. Submit hand delivered comments to
correct the erroneous effective date for Toxic Pollutants Applicable to W–01–15, EPA’s Water Docket, U.S.
would frustrate this purpose. We do not Michigan EPA, EPA West, 1301 Constitution Ave
believe that any affected source will be NW, Room B135, Washington DC 20460.
adversely impacted by correction of the AGENCY: Environmental Protection No facsimiles (faxes) will be accepted.
effective date. Agency (EPA). Comments will be available at the Water
Administrative Requirements ACTION: Direct final rule. Docket, 202–566–2426, Monday through
Friday, excluding legal holidays, during
Executive Order 12866, Regulatory SUMMARY: EPA is taking direct final normal business hours of 8:30 a.m. to
Planning and Review action to amend the Federal regulations 4:30 p.m.
to withdraw water quality criteria The supporting record for this
Under Executive Order 12866 (58 FR
applicable to Michigan. In 1992, EPA rulemaking may be inspected at EPA
5173, October 4, 1993), the EPA must
promulgated Federal regulations Region 5, Office of Water, 77 West
determine whether the regulatory action
establishing water quality criteria for Jackson Boulevard, 16th Floor, Chicago,
is ‘‘significant’’ and therefore subject to
priority toxic pollutants for 12 States IL 60604–3507, Monday through Friday,
Office of Management and Budget
and two territories, including Michigan, excluding legal holidays, during normal
(OMB) review and the requirements of
that had not fully complied with Clean business hours of 9 a.m. to 5 p.m..
the Executive Order. The Executive
Water Act (CWA); these regulations are Please contact Dave Pfeifer, as listed in
Order defines ‘‘significant regulatory
known as the ‘‘National Toxics Rule’’ or the FOR FURTHER INFORMATION CONTACT
action’’ as one that is likely to result in
‘‘NTR’’. Thereafter, EPA published section, before arriving.
standards that may:
regulations pursuant to section 118 of A copy of Michigan’s water quality
(1) Have an annual effect on the
the CWA to establish consistent standards may be obtained
economy of $100 million or more or
enforceable protections for the Great electronically from EPA’s Water Quality
adversely affect, in a material way, the
Lakes system (Water Quality Guidance Standards Repository, at http://
economy, a sector of the economy,
for the Great Lakes System). In www.epa.gov/waterscience/standards/
productivity, competition, jobs, the
compliance with the Water Quality wqslibrary/mi/mi.html.
environment, public health or safety, or
Guidance for the Great Lakes System,
State, local, or tribal governments or FOR FURTHER INFORMATION CONTACT:
Michigan adopted water quality
communities; Manjali Gupta Vlcan at EPA
standards on July 29, 1997, which
(2) Create a serious inconsistency or Headquarters, Office of Water (4305T),
included numeric water quality criteria
otherwise interfere with an action taken 1200 Pennsylvania Ave NW.,
and methodologies for deriving numeric
or planned by another agency; Washington, DC., 20460 (tel: 202–566–
criteria for the same priority toxic
(3) Materially alter the budgetary 0373, fax 202–566–0409) or email at
pollutants included in the NTR. EPA
impact of entitlement, grants, user fees, vlcan.manjali@epa.gov , or Dave Pfeifer
approved these standards on August 4,
or loan programs or the rights and in EPA’s Region 5 at 312–353–9024 or
2000. Since Michigan now has criteria,
obligations of recipients thereof; or e-mail at pfeifer.david@epa.gov.
effective under the CWA, for the same
(4) Raise novel legal or policy issues SUPPLEMENTARY INFORMATION:
priority toxic pollutants in the NTR,
arising out of legal mandates, the
EPA has determined that the Federally Potentially Regulated Entities
President’s priorities, or the principles
promulgated criteria are no longer
set forth in the Executive Order. No one is regulated by this rule. This
needed. In this direct final rule, EPA is
Pursuant to the terms of Executive rule merely withdraws Federal water
withdrawing Michigan from the NTR
Order 12866, it has been determined quality criteria applicable to Michigan.
without prior proposal because EPA
that this correction notice does not
views this action as noncontroversial Background
constitute a ‘‘significant regulatory
and does not anticipate adverse In 1992, EPA promulgated a final rule
action’’ because it does not meet any of
comment. known as the ‘‘National Toxics Rule,’’ or
the above criteria. Consequently, this
action was not submitted to OMB for DATES: This rule is effective on February ‘‘NTR,’’ to establish numeric water
review under Executive Order 12866. 6, 2003 without further notice, unless quality criteria for 12 States and two
EPA receives adverse comment by Territories, including Michigan,
List of Subjects in 40 CFR Part 63 December 9, 2002. If EPA receives such (hereafter ‘‘States’’) that had not
Environmental protection, comment, EPA will publish a timely complied fully with section 303(c)(2)(B)
Administrative practice and procedure, withdrawal of this direct final rule in of the CWA (57 FR 60848). The criteria,
Air pollution control, Reporting and the Federal Register informing the codified at 40 CFR 131.36, became the
recordkeeping requirements. public that this rule will not take effect. applicable water quality standards in

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68040 Federal Register / Vol. 67, No. 217 / Friday, November 8, 2002 / Rules and Regulations

those 14 States for all purposes and pollutants, as necessary, to protect the Because the public had the opportunity
programs under the CWA effective designated uses. to comment both on the State’s adoption
February 5, l993. Option 3: Adopt a procedure to derive a of criteria and EPA’s approval of the
As described in the preamble to the numeric criterion, as necessary, from a
narrative water quality standard provision
State’s criteria, EPA does not anticipate
final NTR, when a State adopts, and that prohibits toxicity in receiving waters. any adverse comments on withdrawal of
EPA approves, water quality criteria that Michigan from the NTR. For this reason,
meet the requirements of section As described earlier, Michigan’s water EPA is taking this action in a direct final
303(c)(2)(B) of the CWA, EPA will issue quality standards include a procedure to rule. However, in the ‘‘Proposed Rules’’
a rule amending the NTR to withdraw derive a numeric criterion from a section of today’s Federal Register
the Federal criteria for that State. If the narrative water quality criterion that publication, EPA is publishing a
State’s criteria are no less stringent than prohibits toxicity in receiving waters. separate document that will serve as the
the promulgated Federal criteria, EPA EPA’s guidance describes numerous proposal to withdraw Federal water
will withdraw its criteria without notice conditions that EPA indicated, if quality criteria for toxic pollutants
and comment rulemaking because satisfied, would ensure acceptable applicable to Michigan if adverse
additional comment on the criteria is scientific quality and full involvement
comments are filed. This rule will be
unnecessary (see 65 FR 19659). of the public and EPA and therefore
effective on February 6, 2003 without
However, if a State adopts criteria that allow the State to use Option 3 to satisfy
further notice unless EPA receives
are less stringent than the federally the requirements of section 303(c)(2)(B).
adverse comment by December 9, 2002.
promulgated criteria, but that in the Michigan has satisfied these conditions:
If EPA receives adverse comment, the
Agency’s judgment fully meet the (1) Michigan adopted a procedure to Agency will publish a timely
requirements of the Act, EPA will calculate numeric criteria and values for the withdrawal in the Federal Register
provide an opportunity for public protection of designated uses.
(2) Michigan adopted the procedure
informing the public that the rule will
comment before withdrawing the not take effect. EPA will address all
identified in 40 CFR part 132. Therefore, EPA
federally promulgated criteria. (See 57 public comments in a subsequent final
determines that Michigan’s procedure results
FR 60860, December 22, 1992) Michigan in numeric criteria that are sufficiently rule based on the proposed rule. EPA
adopted water quality standards, protective to meet the goals of the Act. will not institute a second comment
effective July 29, 1997, pursuant to the (3) Michigan provided full opportunity for period on this action. Any parties
requirements of 40 CFR part 132, Water public participation during the adoption of interested in commenting must do so at
Quality Guidance for the Great Lakes the procedure.
this time.
System (60 FR 15366), hereafter referred (4) The procedure was formally adopted as
to as the ‘‘GLI.’’ These standards include a State rule and is mandatory in application. Statutory and Executive Order Reviews
(5) The procedure was submitted to EPA
numeric criteria for the protection of Executive Order 12866—Regulatory
for review and approval as part of the State’s
aquatic life for 15 toxic pollutants and water quality standards regulation. Planning and Review
numeric criteria for the protection of
human health for 18 toxic pollutants. By adopting numeric criteria for some This action withdraws Federal
Michigan also adopted a methodology to priority toxic pollutants and a requirements applicable to Michigan
derive numeric criteria and values as methodology to translate the narrative and imposes no regulatory requirements
needed to implement the State’s criterion into numeric values for the or costs on any person or entity, does
narrative criteria of ‘‘no toxic in toxic remaining priority toxic pollutants, not interfere with the action or planned
amounts’’. EPA approved these water Michigan has complied with the action of another agency, and does not
quality standards on August 4, 2000 (65 requirements of section 303(c)(2)(B) of have any budgetary impacts or raise
FR 47864–47874). All waters in the the CWA to have numeric criteria for novel legal or policy issues. Thus, it has
State of Michigan are within the Great priority toxic pollutants. As mentioned been determined that this rule is not a
Lakes drainage basin. Therefore, the earlier, EPA approved these water ‘‘significant regulatory action’’ under
standards that were adopted and quality standards on August 4, 2000 (65 the terms of Executive Order 12866 (58
approved to comply with 40 CFR part FR 47864–47874). Since Michigan now FR 51735, October 4, 1993) and is
132 (which applies to all waters in the has criteria, effective under the Clean therefore not subject to OMB review.
Great Lakes basin) apply statewide. Water Act, for the same priority toxic
pollutants in the NTR, EPA has Paperwork Reduction Act
In 1988, EPA published guidance to
States on how to adopt water quality determined that the Federally- This rule does not impose an
standards to comply with CWA section promulgated criteria are no longer information collection burden under the
303(c)(2)(B) (see Rebecca W. Hanmer needed. provisions of the Paperwork Reduction
memo, December 12, 1988, ‘‘Guidance While EPA has determined that Act of 1995 because it is
for State Implementation of Water Michigan has fully complied with the administratively withdrawing Federal
Quality Standards for CWA Section requirements of CWA section requirements that no longer need to
303(c)(2)(B)’’ at www.epa.gov/ 303(c)(2)(B), EPA recognizes that apply to Michigan.
waterscience/library/wqstandards/ Michigan’s standards differ from NTR
criteria in certain respects because Regulatory Flexibility Act
finalguidance.pdf). This guidance was
reflected in the preamble to the National Michigan’s standards reflect EPA’s most The Regulatory Flexibility Act (RFA)
Toxics Rule (57 FR 60853, December 22, recent guidance as published by EPA in (5 U.S.C. 601 et seq.), as amended by the
1992). EPA described three options for the GLI. Under the procedures set out in Small Business Regulatory Enforcement
satisfying the requirements of CWA the NTR, EPA would normally take Fairness Act of 1996, generally requires
section 303(c)(2)(B). These options are: comment prior to withdrawal from the an agency to prepare a regulatory
NTR. However, as required by the GLI, flexibility analysis of a rule that is
Option 1: Adopt statewide numeric criteria EPA took comment on its decision to subject to notice and comment
in State water quality standards for all
section 307(a) toxic pollutants for which EPA approve the portion of Michigan’s rulemaking requirements under the
has published criteria guidance. standards relevant to today’s action in a Administrative Procedure Act or any
Option 2: Adopt specific numeric criteria notice published in the Federal Register other statute unless the agency certifies
in State standards for section 307(a) toxic on September 14, 1999 (64 FR 49803). that the rule will not have significant

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Federal Register / Vol. 67, No. 217 / Friday, November 8, 2002 / Rules and Regulations 68041

economic impact on a substantial Executive Order 13045—Protection of PART 131—WATER QUALITY


number of small entities. This rule Children from Environmental Health STANDARDS
imposes no regulatory requirements or and Safety Risks
costs on any small entity. Therefore, I 1. The authority citation for part 131
This rule is not subject to Executive continues to read as follows:
certify that this action will not have a
Order 13045, entitled ‘‘Protection of Authority: 33 U.S.C. 1251 et seq.
significant economic impact on a
Children from Environmental Health
substantial number of small entities.
Risks and Safety Risks’’ (62 FR 19885, § 131.36 [Amended]
Unfunded Mandates Reform Act April 23, 1997), because it is not 2. Section 131.36 is amended by
economically significant and EPA has removing and reserving paragraph
Title III of the Unfunded Mandates no reason to believe the environmental
Reform Act (UMRA) (Pub. L. 104–4) (d)(7).
health or safety risks addressed by this
establishes requirements for Federal action present a disproportionate risk to [FR Doc. 02–28497 Filed 11–7–02; 8:45 am]
agencies to assess the effects of their children. BILLING CODE 6560–50–U
regulatory actions on State, Tribal, and
local governments and the private Executive Order 13211—Actions That
sector. Today’s rule contains no Federal Significantly Affect Energy Supply, DEPARTMENT OF TRANSPORTATION
mandates (under the regulatory Distribution, or Use
provisions of Title II of the UMRA) for This rule is not subject to Executive Federal Railroad Administration
State, Tribal, or local governments or Order 13211, ‘‘Actions Concerning
the private sector because it imposes no Regulations That Significantly Affect 49 CFR Part 244
enforceable duty on any of these Energy Supply, Distribution, or Use’’ (66 [FRA Docket No. 1999–4985, Notice No. 5]
entities. Thus, today’s rule is not subject FR 28355, May 22, 2001), because it is
to the requirements of UMRA sections not a significant regulatory action under RIN 2130–AB24
202 and 205 for a written statement and Executive Order 12866.
small government agency plan. Regulations on Safety Integration
Similarly, EPA has determined that this National Technology Transfer and Plans Governing Railroad
rule contains no regulatory Advancement Act Consolidations, Mergers, and
requirements that might significantly or Acquisitions of Control
The requirements of section 12(d) of
uniquely affect small governments and the National Technology Transfer and AGENCY: Federal Railroad
is therefore not subject to UMRA section Advancement Act of 1995 (15 U.S.C. Administration (FRA), DOT.
203. 272 note) do not apply because this rule ACTION: Final rule; response to petitions
Executive Order 13132—Federalism does not involve technical standards. for reconsideration.
Executive Order 13132, entitled Congressional Review Act SUMMARY: On March 15, 2002, the
Federalism (64 FR 43255, August 10, The Congressional Review Act, 5 Federal Railroad Administration
1999), requires EPA to develop an U.S.C. 801 et seq., as added by the Small (‘‘FRA’’) and the Surface Transportation
accountable process to ensure State and Business Regulatory Enforcement Board (‘‘STB’’ or ‘‘Board’’) published
local government officials have an Fairness Act of 1996, generally provides joint final rules on regulations on safety
opportunity to provide input in the that before a rule may take effect, the integration plans (‘‘SIPs’’ or ‘‘plans’’)
development of regulatory policies that agency promulgating the rule must governing railroad mergers,
have substantial direct effects on the submit a rule report, which includes a consolidations, and acquisitions of
States, on the relationship between the copy of the rule, to each House of the control, and procedures governing the
national government and the States, or Congress and to the Comptroller General STB’s consideration of SIPs in cases
on the distribution of power and of the United States. EPA will submit a involving these type of transactions.
responsibilities among the various report containing this rule and other Two interested parties filed petitions for
levels of governments. This rule required information to the U.S. Senate, reconsideration of FRA’s final rule,
imposes no regulatory requirements or the U.S. House of Representatives, and addressing certain issues and concerns
costs on any State or local governments, the Comptroller General of the United relating to the agency’s rule text or
therefore, it does not have federalism States prior to publication of the rule in regulatory impact statement. (The Board
implications under Executive Order the Federal Register. A major rule received no petitions for reconsideration
13132. cannot take effect until 60 days after it of its final rule.) In this document, FRA
is published in the Federal Register. responds to the petitions and clarifies
Executive Order 13175—Consultation and amends discrete provisions of the
and Coordination With Indian Tribal This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2) and will be final rule, where appropriate.
Governments
effective on February 6, 2003. DATES: Effective Date: The amendments
Again, this rule imposes no regulatory to the final rule are effective November
requirements or costs on any Tribal List of Subjects in 40 CFR Part 131 8, 2002.
government. It does not have substantial Environmental protection, Indians— FOR FURTHER INFORMATION CONTACT: Jon
direct effects on Tribal governments, on land, Intergovernmental relations, Kaplan, Trial Attorney, Office of Chief
the relationship between the Federal Reporting and recordkeeping Counsel, FRA, 1120 Vermont Avenue,
government and Indian tribes, or on the requirements, Water pollution control. NW, Mail Stop 10, Washington, DC
distribution of power and Dated: November 1, 2002. 20590 (telephone: (202) 493–6053 and
responsibilities between the Federal E-mail: jonathan.kaplan@fra.dot.gov).
Christine Todd Whitman,
government and Indian tribes, as SUPPLEMENTARY INFORMATION:
specified in Executive Order 13175, Administrator.
entitled ‘‘Consultation and Coordination For the reasons set out in the Background
with Indian Tribal Governments’’ (65 FR preamble, 40 CFR part 131 is amended On March 15, 2002, FRA and the STB
67249, November 6, 2000). as follows: published joint final rules in the

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