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. Under section Air act, petitions for judicial review of effective October 31, 1997. (D) Missoula County Air Quality 205, EPA must select the most cost- this action must be filed in the United Control Program, Chapter XII, Criminal effective and least burdensome States Court of Appeals for the Penalties, effective October 31, 1997. alternative that achieves the objectives appropriate circuit by March 3, 2000. of the rule and is consistent with Filing a petition for reconsideration by [FR Doc. 99±33622 Filed 12±30±99; 8:45 am] statutory requirements. Section 203 the Administrator of this final rule does BILLING CODE 6560±50±P requires EPA to establish a plan for not affect the finality of this rule for the informing and advising any small purposes of judicial review nor does it governments that may be significantly extend the time within which a petition ENVIRONMENTAL PROTECTION or uniquely impacted by the rule. for judicial review may be filed, and AGENCY EPA has determined that the approval shall not postpone the effectiveness of action promulgated does not include a such rule or action. This action may not 40 CFR Part 300 Federal mandate that may result in be challenged later in proceedings to [FRL±6517±1] estimated costs of $100 million or more enforce its requirements. (See section to either State, local, or tribal 307(b)(2).) National Oil and Hazardous governments in the aggregate, or to the Substances Pollution Contingency private sector. This Federal action List of Subjects in 40 CFR Part 52 Plan List Update approves pre-existing requirements Environmental protection, Air under State or local law, and imposes AGENCY: Environmental Protection pollution control, Carbon monoxide, Agency. not new requirements. Accordingly, no Hydrocarbons, Incorporation by ACTION: Notice of deletion of the PAB additional costs to State, local, or tribal reference, Intergovernmental relations, Oil and Chemical Services, Inc. governments, or to the private sector, Nitrogen dioxide, Particulate matter, Superfund Site from the National result from this action. and Reporting and recordkeeping Priorities List (NPL). G. Submission to Congress and the requirements. Comptroller General Dated: November 30, 1999. SUMMARY: The Environmental Protection The Congressional Review Act, 5 Max H. Dodson, Agency (EPA) Region 6 announces the U.S.C. 801 et seq., as added by the Small Acting Regional Administrator, Region VIII. deletion of the PAB Oil and Chemical Business Regulatory Enforcement Services, Inc. Superfund Site (the Fairness Act of 1996, generally provides Chapter I, title 40 of the Code of ``Site'') located in Vermilion Parish, that before a rule may take effect, the Federal Regulations is amended as Louisiana from the National Priorities agency promulgating the rule must follows: List (NPL). The NPL, promulgated pursuant to Section 105 of the submit a rule report, which includes a PART 52Ð[AMENDED] copy of the rule, to each House of Comprehensive Environmental Congress and to the Comptroller General 1. The authority citation for part 52 Response, Compensation, and Liability of the United States. EPA will submit a continues to read as follows: Act (CERCLA) of 1980, as amended, 42 U.S.C. 9605, is codified at Appendix B report containing this rule and other Authority: 42 U.S.C. 7401 et seq. required information to the U.S. Senate, to the National Oil and Hazardous the U. S. House of Representatives, and Subpart BBÐMontana Substances Pollution Contingency Plan the Comptroller General of the United (NCP), 40 CFR Part 300. With the States prior to publication of the rule in 2. Section 52.1370 is amended by concurrence of the State of Louisiana the Federal Register. A major rule adding paragraph (c)(48) to read as through the Louisiana Department of cannot take effect until 60 days after it follows: Environmental Quality (LDEQ), EPA has determined that responsible parties is published in the Federal Register. § 52.1370 Identification of plan. This rule is not a ``major rule'' as have implemented all appropriate defined by 5 U.S.C. 804(2). * * * * * response actions required at the Site. (c) * * * Moreover, EPA with the concurrence of H. National Technology Transfer and (48) The Governor of Montana the State of Louisiana through the Advancement Act submitted revisions to the Missoula LDEQ, has determined that Site Section 12 of the National Technology County Air Quality Control Program investigations show that the Site now Transfer and Advancement Act with a letter dated November 14, 1997. poses no significant threat to public (NTTAA) of 1995 requires Federal The revisions address general health or the environment. VerDate 15-DEC-99 09:13 Dec 30, 1999 Jkt 190000 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\03JAR1.XXX pfrm07 PsN: 03JAR1 20 Federal Register / Vol. 65, No. 1 / Monday, January 3, 2000 / Rules and Regulations Consequently, pursuant to CERCLA Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. Background 9601±9657; E.O. 12777, 56 FR 54757, 3 CFR, Section 105, and 40 CFR 300.425(e), the The bighorn sheep (Ovis canadensis) Site is hereby deleted from the NPL. 1991 Comp., p.351; E.O. 12580, 52 R 2923, 3 CFR, 1987 Comp., p.193. is a large mammal (family Bovidae) EFFECTIVE DATE: January 3, 2000. originally described by Shaw in 1804 FOR FURTHER INFORMATION CONTACT: Appendix BÐ[Amended] (Wilson and Reeder 1993). Several Caroline A. Ziegler, Remedial Project 2. Table 1 of Appendix B to Part 300 subspecies of bighorn sheep have been Manager, (214) 665±2178, United States is amended by removing the site for recognized on the basis of geography Environmental Protection Agency, PAB Oil & Chemical Service, Inc., and differences in skull measurements Region 6, Mail Code: 6SF±LP, 1445 Ross Abbeville, Louisiana. (Cowan 1940; Buechner 1960). These Avenue, Dallas, Texas 75202±2733. subspecies of bighorn sheep, as Information on the Site is available at [FR Doc. 99±33952 Filed 12±30±99; 8:45 am] described in these early works, include the local information repository located BILLING CODE 6560±50±P O. c. cremnobates (Peninsular bighorn at: Vermilion Parish Public Library, 200 sheep), O. c. nelsoni (Nelson bighorn N. Magdalen Square, Abbeville, sheep), O. c. mexicana (Mexican Louisiana 70511, (318) 893±2674. DEPARTMENT OF THE INTERIOR bighorn sheep), O. c. weemsi (Weems Requests for comprehensive copies of bighorn sheep), O. c. californiana documents should be directed formally Fish and Wildlife Service (California bighorn sheep), and O. c. to the Regional Superfund Management canadensis (Rocky Mountain bighorn Branch, c/o Steve Wyman, (214) 665± 50 CFR Part 17 sheep). However, recent genetic studies 2792, United States Environmental question the validity of some of these Protection Agency, Region 6, Mail Code: RIN 1018±AF59 subspecies and suggest a need to re- 6SF±PO, 1445 Ross Avenue, Dallas, evaluate overall bighorn sheep Texas 75202±2733. Endangered and Threatened Wildlife taxonomy. For example, Sierra Nevada SUPPLEMENTARY INFORMATION: The site to and Plants; Final Rule To List the bighorn sheep appear to be more closely be deleted from the NPL is the PAB Oil Sierra Nevada Distinct Population related to desert bighorn sheep than the and Chemical Services, Inc. Superfund Segment of the California Bighorn O. c. californiana found in British Site located near Abbeville in Vermilion Sheep as Endangered Columbia (Ramey 1991, 1993). Parish, Louisiana. A Notice of Intent to AGENCY: Fish and Wildlife Service, Regardless, the Sierra Nevada bighorn Delete for the Site was published Interior. sheep meets our criteria for August 31, 1999. The closing date for consideration as a distinct vertebrate ACTION: Final rule. comments on the Notice of Intent to population segment (as discussed Delete was September 30, 1999. EPA SUMMARY: We, the U.S. Fish and below) and is treated as such in this received no comments and therefore no Wildlife Service (Service), determine final rule. Responsiveness Summary was prepared. endangered status pursuant to the The historical range of the Sierra The EPA identifies sites which Endangered Species Act of 1973, as Nevada bighorn sheep (Ovis canadensis present a significant risk to public amended (Act) for the Sierra Nevada californiana) includes the eastern slope health, welfare, or the environment and distinct population segment of of the Sierra Nevada, and, for at least maintains the NPL as the list of those California bighorn sheep (Ovis one subpopulation, a portion of the sites.