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Federal Register / Vol. 65, No.

114 / Tuesday, June 13, 2000 / Rules and Regulations 37045

determined that this rule does not have 49 CFR 1.46. Section 165.100 is also issued than to § 685.215, because § 685.215 was
implications for federalism under that under authority of Sec. 311, Pub. L. 105–383. previously redesignated as § 685.216 in
order. 2. Add temporary § 165.T05–016 to separate amendments published in the
read as follows: same issue of the Federal Register (64
Unfunded Mandates Reform Act
165.T05–013 Safety Zone; FR 58969).
The Unfunded Mandates Reform Act Chickahominy River, Virginia. DATES: These regulations, as corrected,
of 1995 (2 U.S.C. 1531–1538) governs (a) Location. The following area is a are effective July 1, 2000.
the issuance of federal regulations that safety zone: All waters of the FOR FURTHER INFORMATION CONTACT: Ms.
require unfunded mandates. An Chickahominy River, within a 500-foot Nicki Meolo, U.S. Department of
unfunded mandate is a regulation that radius of a shoreside fireworks display Education, 400 Maryland Avenue, SW.,
requires a state, local, or tribal in approximate position 37°14.51′ N, Room 3045, Regional Office Building 3,
government or the private sector to 076°52.10′ W. Washington, DC 20202–5346.
incur direct costs without the Federal (b) Captain of the Port. Captain of the Telephone: (202) 708–8242. If you use a
Government’s having first provided the Port means the Commanding Officer of telecommunications device for the deaf
funds to pay those unfunded mandate the Marine Safety Office Hampton (TDD), you may call the Federal
costs. This rule will not impose an Roads, Norfolk, VA or any Coast Guard Information Relay Service (FIRS) at 1–
unfunded mandate. commissioned, warrant, or petty officer 800–877–8339.
who has been authorized to act on his Individuals with disabilities may
Taking of Private Property
behalf. obtain this document in an alternative
This rule will not effect a taking of (c) Regulations: (1) All persons are format (e.g., Braille, large print,
private property or otherwise have required to comply with the general audiotape, or computer diskette) on
taking implications under Executive regulations governing safety zones request to the contact person listed in
Order 12630, Governmental Actions and found in section 165.23 of this part. the preceding paragraph.
Interference with Constitutionally (2) Persons or vessels requiring entry
SUPPLEMENTARY INFORMATION: In FR Doc.
Protected Property Rights. into or passage through this safety zone
must first request authorization from the 99–28315, published in the Federal
Civil Justice Reform Captain of the Port. The Coast Guard Register on November 1, 1999 (64 FR
This rule meets applicable standards representative enforcing the safety zone 59016), in item 24 on page 59044, the
in sections 3(a) and 3(b)(2) of Executive can be contacted on VHF marine band reference to ‘‘Section 685.215’’ is
Order 12988, Civil Justice Reform, to radio, channels 13 and 16. The Captain corrected to read ‘‘Section 685.216’’ and
minimize litigation, eliminate of the Port can be contacted at telephone the number and heading of the amended
ambiguity, and reduce burden. number (757) 484–8192. section are corrected to read ‘‘§ 685.216
(3) The Captain of the Port will notify Consolidation.’’ In item 26 on page
Protection of Children 59044, in the amended text of
the public of changes in the status of
We have analyzed this rule under this safety zone by marine information § 685.306(a), in the third column, first
Executive Order 13045, Protection of broadcast on VHF marine band radio, line, add the word ‘‘portion’’ after the
Children from Environmental Health channel 22 (157.1 MHz). word ‘‘that’’ and before the word ‘‘of.’’
Risks and Safety Risks. This rule is not (d) Effective Date: This section is in Electronic Access to This Document
an economically significant rule and effect from 8 p.m. until 11:30 p.m. on
You may view this document in text
does not concern an environmental risk July 4, 2000.
or Adobe Portable Document Format
to health or risk to safety that may Dated: June 5, 2000. (PDF) on the Internet at either of the
disproportionately affect children. J.E. Schrinner, following sites:
Environment Captain, U.S. Coast Guard, Captain of the http://ocfo.ed.gov/fedreg.htm
Port Hampton Roads. http://www.ed.gov/news.html
The Coast Guard considered the
[FR Doc. 00–14858 Filed 6–12–00; 8:45 am] To use the PDF you must have the Adobe
environmental impact of this rule and
BILLING CODE 4910–15–P Acrobat Reader, which is available free at
concluded that under figure 2–1, either of the previous sites. If you have
paragraph (34)(g), of Commandant questions about using the PDF, call the U.S.
Instruction M16475.1C, this rule is Government Printing Office (GPO), toll free,
categorically excluded from further DEPARTMENT OF EDUCATION at 1–888–293–6498; or in the Washington,
environmental documentation. This DC area at (202) 512–1530.
regulation will have no impact on the 34 CFR Part 685 Note: The official version of this document
environment. is the document published in the Federal
William D. Ford Federal Direct Loan Register. Free Internet access to the official
List of Subjects Program edition of the Federal Register and the Code
Harbors, Marine safety, Navigation AGENCY: Department of Education. of Federal Regulations is available on GPO
Access at: http://www.access.gpo.gov/nara/
(water), Reporting and recordkeeping ACTION: Final regulations; correction. index.html
requirements, Security measures,
Waterways. SUMMARY: On November 1, 1999 (Catalog of Federal Domestic Assistance
For the reasons discussed in the amendments to regulations governing Number: 84.268 William D. Ford
preamble, the Coast Guard amends 33 the William D. Ford Federal Direct Loan Federal Direct Loan Program)
CFR part 165 as follows: Program were published in the Federal
Register (64 FR 59016). This document List of Subjects in 34 CFR Part 685
PART 165—[AMENDED] corrects the designation of the section Administrative practice and
amended in item 24 and adds a word procedure, Colleges and universities,
1. The authority citation for Part 165 inadvertently dropped from § 685.306(a) Education, Loan programs—education,
continues to read as follows: as amended in item 26 on page 59044. Reporting and recordkeeping
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; The change made in item 24 should requirements, Student aid, Vocational
33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; have been made to § 685.216, rather education.

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37046 Federal Register / Vol. 65, No. 114 / Tuesday, June 13, 2000 / Rules and Regulations

Dated: June 7, 2000. SUPPLEMENTARY INFORMATION: This states to develop 111(d)/129 plans that
A. Lee Fritschler, document is divided into Sections I implement and enforce the EG
Assistant Secretary, Office of Postsecondary through V and answers the questions requirements. The HMIWI EG at 40 CFR
Education. posed below. part 60, subpart Ce, establish the MACT
[FR Doc. 00–14823 Filed 6–12–00; 8:45 am] I. General Provisions requirements under the authority of
BILLING CODE 4000–01–M What is EPA approving? both Sections 111(d) and 129 of the
What is a State/local 111(d)/129 plan? CAA. These requirements must be
What pollutant(s) will this action control? incorporated into a State/local 111(d)/
What are the expected environmental and 129 plan that is ‘‘at least as protective’’
ENVIRONMENTAL PROTECTION public health benefits from controlling as the EG, and is Federally enforceable
AGENCY HMIWI emissions? upon approval by EPA.
II. Federal Requirements the WV HMIWI The procedures for adoption and
40 CFR Part 62 111(d)/129 Plan Must Meet for Approval
submittal of State 111(d)/129 plans are
What general EPA requirements must the
[WV—6013a; FRL–6714–2] WV DEP meet in order to receive codified in 40 CFR part 60, subpart B.
approval of its HMIWI 111(d)/129 plan? Additional information on the submittal
Approval and Promulgation of State What does the WV plan contain? of State plans is provided in the EPA
Air Quality Plans for Designated Does the WV plan meet all EPA document, ‘‘Hospital/Medical/Infectious
Facilities and Pollutants; West requirements for approval? Waste Incinerator Emission Guidelines:
Virginia; Control of Emissions From III. Requirements for Affected HMIWI Summary of the Requirements for
Existing Hospital/Medical/Infectious Owners/Operators Section 111(d)/129 State Plans, EPA–
How do I determine if my HMIWI is
Waste Incinerators 456/R–97–007, November, 1997.’’
subject to the WV 111(d)/129 plan?
Q. What pollutant(s) will this action
AGENCY: Environmental Protection What general requirements must I meet
under the approved EPA 111(d)/129 control?
Agency (EPA). A. The September 15, 1997
plan?
ACTION: Direct final rule. What emissions limits must I meet, and in promulgated EG, Subpart Ce, are
what time frame? applicable to all existing HMIWIs (i.e.,
SUMMARY: EPA is approving the West Are there any operational requirements for the designated facilities) that emit
Virginia hospital/medical/infectious my HMIWI and air pollution control organics (dioxins/furans), carbon
waste incinerator (HMIWI) 111(d)/129 system? monoxide, metals (cadmium, lead,
plan ( the ‘‘plan’’) submitted on August What are the testing, monitoring, mercury, particulate matter), opacity,
18, 1999 by the West Virginia Division recordkeeping, and reporting
requirements for my HMIWI?
and acid gases (hydrogen chloride,
of Environmental Protection (WV DEP), sulfur dioxide, and nitrogen oxides).
Is there a requirement for obtaining a Title
and the subsequent plan amendment of This action establishes emission
V permit?
April 19, 2000. The plan establishes IV. Final EPA Action limitations for each of these pollutants.
emission limitations and other V. Administrative Requirements Q. What are the expected
requirements for existing HMIWIs, and environmental and public health
provides for the implementation and I. General Provisions benefits from controlling HMIWI
enforcement of those limitations and Q. What is EPA approving? emissions?
requirements. A. EPA is approving the WV 111(d)/ A. HMIWI emissions can have adverse
DATES: This final rule is effective July 129 plan (the ‘‘plan’’) for the control of effects on both public health and the
28, 2000 unless by July 13, 2000 adverse air pollution emissions from hospital/ environment. Dioxin, lead, and mercury
or critical comments are received. If medical/infectious waste incinerators can bioaccumulate in the environment.
adverse comment is received, EPA will (HMIWIs). The plan was developed by Exposure to dioxins/furans has been
publish a timely withdrawal of the the WV DEP. On August 18, 1999 the linked to reproductive and
direct final rule in the Federal Register WV DEP submitted its plan to EPA; and developmental effects, changes in
and inform the public that the rule will on April 19, 2000 submitted a plan hormone levels, and chloracne.
not take effect. amendment. EPA is publishing this Respiratory and other effects are
approval action without prior proposal associated with exposure to particulate
ADDRESSES: Comments may be mailed to because we view this as a matter, sulfur dioxide, cadmium,
Makeba A. Morris, Chief, Technical noncontroversial action and anticipate hydrogen chloride, and mercury. Health
Assessment Branch, Mailcode 3AP22, no adverse comments. effects associated with exposure to
Environmental Protection Agency, Q. What is a State/local 111(d)/129 cadmium, and lead include probable
Region III, 1650 Arch Street, plan? carcinogenic effects. Acid gases
Philadelphia, Pennsylvania 19103. A. Section 111(d) of the Clean Air Act contribute to the acid rain that lowers
Copies of the documents relevant to this (CAA) requires that ‘‘designated’’ the pH of surface waters and
action are available for public pollutants, controlled under standards watersheds, harms forests, and damages
inspection during normal business of performance for new stationary buildings.
hours at the following locations: Air sources by Section 111(b) of the CAA,
Protection Division, Environmental must also be controlled at existing II. Federal Requirements the West
Protection Agency, Region III, 1650 sources in the same source category to Virginia HMIWI 111(d)/129 Plan Must
Arch Street, Philadelphia, Pennsylvania a level stipulated in an emission Meet for Approval
19103–2029; and the West Virginia guidelines (EG) document. Section 129 Q. What general requirements must
Division of Environmental Protection, of the CAA specifically addresses solid the WV DEP meet to receive approval of
Office of Air Quality, 7012 MacCorkle waste combustion and emissions its WV 111(d)/129 plan?
Avenue, South East, Charleston, West controls based on what is commonly A. The plan must meet the
Virginia 25304. referred to as maximum achievable requirements of both 40 CFR part 60,
FOR FURTHER INFORMATION CONTACT: control technology (MACT). Section 129 subparts B, and Ce. Subpart B specifies
James B. Topsale at (215) 814–2190, or requires EPA to promulgate a MACT- detailed procedures for the adoption
by e-mail at topsale.jim@epa.gov. based EG document, and then requires and submittal of State plans for

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