Federal Register/Vol. 65, No. 1/Monday, January 3, 2000/Rules
Federal Register / Vol. 65, No. 1 / Monday, January 3, 2000 / Rules and Regulations 19 Clean Air Act forbids EPA to base its agencies to evaluate existing technical definitions, open burning, and criminal actions concerning SIPs on such standards when developing a new penalties. grounds. Union Electric Co. v. U.S. regulation. To comply with NTTAA, (i) Incorporation by reference. E.P.A., 427 U.S. 246, 256±66 (1976); 42 EPA must consider and use ``voluntary (A) Board order issued on October 31, U.S.C. 7410(a)(2). consensus standards'' (VCS) if available 1997 by the Montana Board of Environmental Review approving the F. Unfunded Mandates and applicable when developing programs and policies unless doing so amendments to Missoula County Air Under section 202 of the Unfunded would be inconsistent with applicable Quality Control Program Chapters IX Mandates Reform Act of 1995 law or otherwise impractical. and XII regarding general definitions, (``Unfunded Mandates Act''), signed The EPA believes that VCS are open burning, and criminal penalties. into law on March 22, 1995, EPA must inapplicable to this action. Today's (B) Missoula County Air Quality prepare a budgetary impact statement to action does not require the public to Control Program, Chapter IX, Rule 701, accompany any proposed or final rule perform activities conducive to the use General Definitions, effective October that includes a Federal mandate that of VCS. 31, 1997. may result in estimated costs to State, (C) Missoula County Air Quality local, or tribal governments in the I. Petitions for Judicial Review Control Program, Chapter IX, Rules aggregate; or to the private sector, of Under section 307(b)(1) of the Clean 1301±1311, regarding open burning, $100 million or more.
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