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34906 Federal Register / Vol. 66, No.

127 / Monday, July 2, 2001 / Proposed Rules

has federalism implications and that 205, EPA must select the most cost- XI. National Technology Transfer and
preempts state law unless the Agency effective and least burdensome Advancement Act
consults with state and local officials alternative that achieves the objectives Section 12 of the National Technology
early in the process of developing the of the rule and is consistent with Transfer and Advancement Act
proposed regulation. statutory requirements. Section 203 (NTTAA) of 1995 requires federal
This proposed rule will not have requires EPA to establish a plan for agencies to evaluate existing technical
substantial direct effects on the states, informing and advising any small standards when developing a new
on the relationship between the national governments that may be significantly regulation. To comply with NTTAA,
government and the states, or on the or uniquely impacted by the rule. EPA must consider and use ‘‘voluntary
distribution of power and
EPA has determined that this consensus standards’’ (VCS) if available
responsibilities among the various
proposed approval action does not and applicable when developing
levels of government, as specified in
include a federal mandate that may programs and policies unless doing so
Executive Order 13132, because it
result in estimated costs of $100 million would be inconsistent with applicable
merely approves a state rule
or more to either state, local, or tribal law or otherwise impractical.
implementing a federal standard, and In reviewing operating permit
does not alter the relationship or the governments in the aggregate, or to the
programs, EPA’s role is to approve state
distribution of power and private sector. This proposed federal
choices, provided that they meet the
responsibilities established in the CAA. action approves pre-existing
criteria of the CAA. In this context, in
Thus, the requirements of section 6 of requirements under state or local law
the absence of a prior existing
the Executive Order do not apply to this and imposes no new requirements.
requirement for the State to use VCS,
proposed rule. Accordingly, no additional costs to EPA has no authority to disapprove an
VII. Regulatory Flexibility Act state, local, or tribal governments, or to operating permit program for failure to
the private sector, result from this use VCS. It would thus be inconsistent
The Regulatory Flexibility Act proposed action.
generally requires an agency to conduct with applicable law for EPA, when it
a regulatory flexibility analysis of any IX. Submission to Congress and the reviews an operating permit program, to
rule subject to notice and comment Comptroller General use VCS in place of an operating permit
rulemaking requirements unless the program that otherwise satisfies the
agency certifies that the rule will not The Congressional Review Act, 5 provisions of the CAA. Therefore, the
have a significant economic impact on U.S.C. section 801 et seq., as added by requirements of section 12(d) of NTTAA
a substantial number of small entities. the Small Business Regulatory do not apply.
Small entities include small businesses, Enforcement Fairness Act of 1996,
List of Subjects in 40 CFR Part 70
small not-for-profit enterprises, and generally provides that before a rule
may take effect, the agency Environmental protection,
small governmental jurisdictions.
This proposed rule will not have a promulgating the rule must submit a Administrative practice and procedure,
significant impact on a substantial rule report, which includes a copy of Air pollution control, Intergovernmental
number of small entities because part 70 the rule, to each House of the Congress relations, Operating permits, Reporting
approvals under section 502 of the Act and to the Comptroller General of the and recordkeeping requirements.
do not create any new requirements but United States. EPA will submit a report Authority: 42 U.S.C. 7401–7671q.
simply approve requirements that the containing this rule and other required Dated: June 22, 2001.
State is already imposing. Therefore, information to the U.S. Senate, the U.S. A. Stanley Meiburg,
because this proposed approval does not House of Representatives, and the Acting Regional Administrator, Region 4.
create any new requirements, I certify Comptroller General of the United
[FR Doc. 01–16570 Filed 6–29–01; 8:45 am]
that this proposed action will not have States prior to publication of the rule in
a significant economic impact on a the Federal Register. A major rule
substantial number of small entities. cannot take effect until 60 days after it
Moreover, due to the nature of the is published in the Federal Register. ENVIRONMENTAL PROTECTION
federal-state relationship under the This proposed action is not a ‘‘major AGENCY
CAA, preparation of a flexibility rule’’ as defined by 5 U.S.C. section
analysis would constitute federal 804(2). 40 CFR Part 300
inquiry into the economic
reasonableness of state action. The CAA X. Petitions for Judicial Review [FRL–7004–4]
forbids EPA to base its actions
Under section 307(b)(1) of the CAA, National Oil and Hazardous Substance
concerning SIPs on such grounds (see
petitions for judicial review of this Pollution Contingency Plan National
Union Electric Co. v. EPA, 427 U.S. 246,
proposed action must be filed in the Priorities List
255–66 (1976); 42 U.S.C. 7410(a)(2)).
United States Court of Appeals for the
AGENCY: Environmental Protection
VIII. Unfunded Mandates Reform Act of appropriate circuit by August 31, 2001.
1995 Agency.
Filing a petition for reconsideration by
ACTION: Notice of intent to delete the
Under sections 202 of the Unfunded the Administrator of this proposed rule
Arcanum Iron & Metal Superfund Site
Mandates Reform Act of 1995, signed does not affect the finality of this rule
from the National Priorities List.
into law on March 22, 1995, EPA must for the purposes of judicial review nor
prepare a budgetary impact statement to does it extend the time within which a SUMMARY: The Environmental Protection
accompany any proposed or final rule petition for judicial review may be filed, Agency (EPA) Region V is issuing a
that includes a federal mandate that and shall not postpone the effectiveness notice of intent to delete the Arcanum
may result in estimated costs to state, of such rule or action. This action may Iron & Metal Superfund Site (AIM Site)
local, or tribal governments in the not be challenged later in proceedings to located in Arcanum, Twin Township,
aggregate, or to the private sector, of enforce its requirements. [See section Drake County, Ohio from the National
$100 million or more. Under section 307(b)(2) of the CAA.] Priorities List (NPL) and requests public

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Federal Register / Vol. 66, No. 127 / Monday, July 2, 2001 / Proposed Rules 34907

comments on this notice of intent. The comments in a subsequent final deletion this decision at the following address:
NPL, promulgated pursuant to section notice based on this notice of intent to U.S. EPA Region V Library, 77 W.
105 of the Comprehensive delete. We will not institute a second Jackson, Chicago, IL 60604, (312) 353–
Environmental Response, comment period on this notice of intent 5821, Monday through Friday 8 a.m. to
Compensation, and Liability Act to delete. Any parties interested in 4 p.m.; Arcanum Public Library, 101
(CERCLA) of 1980, as amended, is found commenting must do so at this time. For North Street, Arcanum, OH, 55802,
at appendix B of 40 CFR part 300 of the additional information, see the direct (937) 692–8484, Monday to Thursday 9
National Oil and Hazardous Substances final notice of deletion which is located p.m. to 8 a.m. and Friday and Saturday
Pollution Contingency Plan (NCP). The in the Rules section of this Federal 9 a.m. to 5 p. m. ; Ohio Environmental
EPA and the State of Ohio, through the Register.
Protection Agency, 122 S. Front Street,
Ohio Environmental Protection Agency, DATES: Comments concerning this Site Lazarus Government Building,
have determined that all appropriate must be received by August 1, 2001. Columbus, OH 43215, (614) 644–3020,
response actions under CERCLA have ADDRESSES: Written comments should Monday through Friday 8 a.m. to 5 p.m.
been completed. However, this deletion be addressed to: Denise Battaglia,
does not preclude future actions under Community Involvement Coordinator, List of Subjects in 40 CFR Part 300
Superfund. In the ‘‘Rules and U.S. EPA (P–19J), 77 W. Jackson,
Regulations’’ section of today’s Federal Environmental protection, Air
Chicago, IL 60604 or fax number at,
Register, we are publishing a direct final pollution control, Chemicals, Hazardous
(312) 353–1155.
notice of deletion of the Arcanum Iron waste, Hazardous substances,
& Metal Superfund Site without prior Intergovernmental relations, Penalties,
Kenneth Glatz, Remedial Project
notice of intent to delete because we Manager at (312) 886–1434 or Gladys Reporting and recordkeeping
view this as a noncontroversial revision Beard, State NPL Deletion Process requirements, Superfund, Water
and anticipate no adverse comment. We Manager at (312) 886–7253 or 1–800– pollution control, Water supply.
have explained our reasons for this 621–8431, Superfund Division, U.S. Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
deletion in the preamble to the direct EPA (SR–6J), 77 W. Jackson, IL 60604. 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
final deletion. If we receive no adverse SUPPLEMENTARY INFORMATION: For 1991 Comp., p. 351; E.O. 12580, 52 FR 2923;
comment(s) on this notice of intent to additional information, see the Direct 3 CFR, 1987 Comp., p. 193.
delete or the direct final notice of Final Notice of Deletion which is Dated: June 20, 2001.
deletion, we will not take further action located in the Rules section of this
on this notice of intent to delete. If we David A. Ullrich,
Federal Register.
receive adverse comment(s), we will Acting Regional Administrator, Region V.
withdraw the direct final notice of Information Repositories [FR Doc. 01–16288 Filed 6–29–01; 8:45 am]
deletion and it will not take effect. We Repositories have been established to BILLING CODE 6560–50–P
will, as appropriate, address all public provide detailed information concerning

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