17763
Federal
Register
/
Vol.
68,
No.
70
/
Friday,
April
11,
2003
/
Proposed
Rules
published
in
the
Federal
Register
and
on
our
Web
site
as
stated
above.
(
c)
You
submit
the
electronic
form
to
an
electronic
document
receiving
system
that
we
have
designated
for
the
receipt
of
that
specific
form.
(
d)
The
electronic
form
bears
valid
electronic
signatures,
as
provided
in
subpart
B
of
this
part,
to
the
same
extent
that
the
paper
submission
for
which
it
substitutes
would
bear
handwritten
signatures.

§
73.32
May
I
electronically
sign
forms
I
submit
electronically
to
TTB?
You
may
electronically
sign
the
electronic
form
you
submit
to
us
if:
(
a)
You
have
registered
with
TTB
to
do
so
and
have
certified,
prior
to
the
time
of
such
use,
that
the
electronic
signatures
or
digital
signatures
in
your
system
are
intended
to
be
the
legally
binding
equivalent
of
traditional
handwritten
signatures;
(
b)
The
electronic
or
digital
signature
meets
the
standards
of
this
part
and
is
authorized
by
TTB
in
accordance
with
this
part;
and
(
c)
The
electronic
or
digital
signature
is
sufficiently
trustworthy
and
reliable
that
the
signing
party
may
not
repudiate
the
signature.

§
73.33
Am
I
legally
bound
by
a
form
I
sign
electronically?
Yes;
by
electronically
signing
a
form
you
submit
to
us,
you
are
agreeing
to
be
legally
bound
to
the
same
extent
as
if
you
applied
a
traditional
handwritten
signature
on
a
paper
document
submitted
to
satisfy
the
same
reporting
requirement.
Persons
using
electronic
signatures
shall,
upon
TTB's
request,
provide
additional
certification
or
testimony
that
a
specific
electronic
signature
is
the
legally
binding
equivalent
of
the
signer's
handwritten
signature.

§
73.34
When
is
an
electronically
submitted
form
considered
timely
filed?
If
you
submit
a
form
to
our
electronic
document
receiving
system,
your
report
will
be
considered
filed
on
the
date
of
the
electronic
postmark
given
by
that
system.

§
73.35
Do
I
need
to
keep
paper
copies
of
forms
I
submit
to
TTB
electronically?
Nothing
in
this
part
alters
any
other
regulatory
or
statutory
requirement
that
records
be
maintained
in
paper
format.
If
the
regulations
in
this
chapter
require
you
to
keep
paper
copies
of
certain
forms,
you
must
continue
to
do
so
unless
TTB
otherwise
authorizes
you
to
maintain
electronic
copies
of
these
documents
through
a
general
notice
in
the
Federal
Register
or
through
a
variance.
Signed:
February
13,
2003.
Arthur
J.
Libertucci,
Administrator.
Approved:
March
11,
2003.
Timothy
E.
Skud,
Deputy
Assistant
Secretary
(
Regulatory,
Tariff
and
Trade
Enforcement).
[
FR
Doc.
03
 
8816
Filed
4
 
10
 
03;
8:
45
am]

BILLING
CODE
4810
 
31
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
62
[
WV059
 
6027b;
FRL
 
7480
 
1]

Approval
and
Promulgation
of
State
Air
Quality
Plans
for
Designated
Facilities
and
Pollutants;
State
of
West
Virginia;
Control
of
Emissions
from
Existing
Commercial/
Industrial
Incineration
(
CISWI)
Units
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Proposed
rule.

SUMMARY:
EPA
is
proposing
to
approve
the
commercial
and
industrial
solid
waste
incinerator
111(
d)/
129
plan
(
the
``
plan'')
submitted
by
the
West
Virginia
Department
of
Environmental
Protection,
Division
of
Air
Quality
(
DAQ).
The
plan
was
submitted
to
EPA
by
the
DAQ
on
November
29,
2001,
and
amended
on
September
25,
2002,
and
January
22,
2003.
In
the
Final
Rules
section
of
this
Federal
Register,
EPA
is
approving
the
State
of
West
Virginia's
CISWI
plan
submittal
as
a
direct
final
rule
without
prior
proposal
because
the
Agency
views
this
as
a
noncontroversial
action
and
anticipate
no
adverse
comments.
A
more
detailed
description
of
the
state
submittal
and
EPA's
evaluation
are
included
in
a
Technical
Support
Document
(
TSD)
prepared
in
support
of
this
rulemaking
action.
A
copy
of
the
TSD
is
available,
upon
request,
from
the
EPA
Regional
Office
listed
in
the
ADDRESSES
section
of
this
document.
If
no
adverse
comments
are
received
in
response
to
this
action,
no
further
activity
is
contemplated.
If
EPA
receives
adverse
comments,
the
direct
final
rule
will
be
withdrawn
and
all
public
comments
received
will
be
addressed
in
a
subsequent
final
rule
based
on
this
proposed
rule.
EPA
will
not
institute
a
second
comment
period.
Any
parties
interested
in
commenting
on
this
action
should
do
so
at
this
time.
DATES:
Comments
must
be
received
in
writing
by
May
12,
2003.
ADDRESSES:
Written
comments
should
be
mailed
to
Walter
Wilkie,
Deputy
Chief,
Air
Quality
Planning
and
Information
Services
Branch,
Mailcode
3AP21,
U.
S.
Environmental
Protection
Agency,
Region
III,
1650
Arch
Street,
Philadelphia,
Pennsylvania
19103.
Copies
of
the
documents
relevant
to
this
action
are
available
for
public
inspection
during
normal
business
hours
at
the
Air
Protection
Division,
U.
S.
Environmental
Protection
Agency,
Region
III,
1650
Arch
Street,
Philadelphia,
Pennsylvania
19103.
FOR
FURTHER
INFORMATION
CONTACT:
James
B.
Topsale
at
(
215)
814
 
2190,
or
by
e­
mail
at
topsale.
jim@
epa.
gov.
SUPPLEMENTARY
INFORMATION:
For
further
information,
please
see
the
information
provided
in
the
direct
final
action,
with
the
same
title,
that
is
located
in
the
``
Rules
and
Regulations''
section
of
this
Federal
Register
publication.
Please
note
that
if
EPA
receives
adverse
comment
on
an
amendment,
paragraph,
or
section
of
this
rule
and
if
that
provision
may
be
severed
from
the
remainder
of
the
rule,
EPA
may
adopt
as
final
those
provisions
of
the
rule
that
are
not
the
subject
of
an
adverse
comment.

Dated:
March
31,
2003.
Thomas
C.
Voltaggio,
Acting
Regional
Administrator,
Region
III.
[
FR
Doc.
03
 
8830
Filed
4
 
10
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
89
[
AMS
 
FRL
 
7481
 
9]

Control
of
Emissions
From
New
Nonroad
Diesel
Engines:
Amendments
to
the
Nonroad
Engine
Definition
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice
of
proposed
rule.

SUMMARY:
EPA
is
proposing
to
revise
the
definition
of
nonroad
engines
to
include
all
diesel­
powered
engines
used
in
agricultural
operations
in
the
State
of
California
that
are
certified
by
the
engine
maker
to
meet
the
applicable
nonroad
emission
standards.
Under
this
proposed
rule,
such
engines
would
be
considered
nonroad
engines
without
regard
to
whether
these
engines
are
portable
or
transportable
or
how
long
these
engines
remain
in
one
fixed
location
at
a
farm.
In
the
``
Rules
and
Regulations''
section
of
this
Federal
Register,
we
are
making
this
amendment
as
a
direct
final
rule
without
prior
proposal.
We
have
explained
our
reasons
for
this
amendment
in
the
preamble
to
the
VerDate
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31>
2003
14:
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10,
2003
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SGM
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Federal
Register
/
Vol.
68,
No.
70
/
Friday,
April
11,
2003
/
Proposed
Rules
direct
final
rule.
If
we
receive
no
adverse
comment,
we
will
not
take
further
action
on
this
proposed
rule.
If
we
receive
adverse
comment,
we
will
withdraw
the
direct
final
rule
and
its
changes
will
not
take
effect.
We
will
address
all
public
comments
in
a
subsequent
final
rule
based
on
this
proposed
rule.
We
will
not
institute
a
second
comment
period
on
this
action.
Any
parties
interested
in
commenting
must
do
so
at
this
time.
DATES:
If
we
do
not
receive
a
request
for
a
public
hearing,
written
comments
are
due
May
12,
2003.
Request
for
a
public
hearing
must
be
received
by
April
28,
2003.
If
we
do
receive
a
request
for
a
public
hearing,
it
will
be
held
on
May
12,
2003,
starting
at
10
a.
m.
In
that
case,
the
public
comment
period
will
close
on
June
10,
2003.
ADDRESSES:
Comments
may
be
submitted
by
mail
by
sending
two
copies
of
your
comments
to:
Air
Docket,
Environmental
Protection
Agency,
Mailcode:
6102T,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC,
20460,
Attention
Docket
ID
No.
OAR
 
2003
 
0046.
Comments
may
also
be
submitted
electronically,
by
facsimile,
or
through
hand
delivery/
courier.
Follow
the
detailed
instructions
as
provided
in
Unit
I
of
the
SUPPLEMENTARY
INFORMATION
section.
Hearing:
If
we
do
receive
a
request
for
a
public
hearing,
it
will
be
held
at
the
EPA's
Region
IX
offices,
75
Hawthorne
Street,
San
Francisco,
California.
FOR
FURTHER
INFORMATION
CONTACT:
Robert
Larson,
U.
S.
EPA,
National
Vehicle
and
Fuel
Emissions
Laboratory,
Transportation
and
Regional
Programs
Division,
2000
Traverwood
Drive,
Ann
Arbor,
MI
48105;
telephone
(
734)
214
 
4277,
fax
(
734)
214
 
4956,
e­
mail
larson.
robert@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Regulated
Entities
Entities
potentially
impacted
by
this
change
in
regulation
are
farming
interests
in
the
State
of
California
and
those
interests
that
manufacture
or
put
into
commerce
new,
compressionignition
nonroad
engines,
including:

Category
NAICS
codes
Examples
of
potentially
regulated
entities
Manufacturing
...............................................................................
333618
Manufacturers
of
new
nonroad
diesel
engines.
Agriculture,
Forestry,
Fishing,
Hunting
........................................
111XXX
Farms
with
crop
production.
Agriculture,
Forestry,
Fishing,
Hunting
........................................
112XXX
Farms
with
animal
production.
Manufacturing
...............................................................................
333111
Farm
machinery
and
equipment.

B.
How
Can
I
Get
Copies
of
This
Document?

1.
Docket.
EPA
has
established
an
official
public
docket
for
this
action
under
Docket
ID
No.
OAR
 
2003
 
0046.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received,
and
other
information
related
to
this
action.
Although
a
part
of
the
official
docket,
the
public
docket
does
not
include
Confidential
Business
Information
(
CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
Air
Docket
in
the
EPA
Docket
Center,
(
EPA/
DC)
EPA
West,
Room
B102,
1301
Constitution
Ave.,
NW.,
Washington,
DC.
The
EPA
Docket
Center
Public
Reading
Room
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
Public
Reading
Room
is
(
202)
566
 
1744,
and
the
telephone
number
for
the
Air
Docket
is
(
202)
566
 
1742.
This
Docket
Facility
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.
Monday
through
Friday,
excluding
legal
holidays.
The
Docket
telephone
number
is
202
 
566
 
1742.
2.
Electronic
Access.
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
Federal
Register
listings
at
http://
www.
epa.
gov/
fedrgstr/.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
``
search,''
then
key
in
the
appropriate
docket
identification
number.
Certain
types
of
information
will
not
be
placed
in
the
EPA
Dockets.
Information
claimed
as
CBI
and
other
information
whose
disclosure
is
restricted
by
statute,
which
is
not
included
in
the
official
public
docket,
will
not
be
available
for
public
viewing
in
EPA's
electronic
public
docket.
EPA's
policy
is
that
copyrighted
material
will
not
be
placed
in
EPA's
electronic
public
docket
but
will
be
available
only
in
printed,
paper
form
in
the
official
public
docket.
To
the
extent
feasible,
publicly
available
docket
materials
will
be
made
available
in
EPA's
electronic
public
docket.
When
a
document
is
selected
from
the
index
list
in
EPA
Dockets,
the
system
will
identify
whether
the
document
is
available
for
viewing
in
EPA's
electronic
public
docket.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
in
Unit
I.
C.
EPA
intends
to
work
towards
providing
electronic
access
to
all
of
the
publicly
available
docket
materials
through
EPA's
electronic
public
docket.
For
public
commenters,
it
is
important
to
note
that
EPA's
policy
is
that
public
comments,
whether
submitted
electronically
or
in
paper,
will
be
made
available
for
public
viewing
in
EPA's
electronic
public
docket
as
EPA
receives
them
and
without
change,
unless
the
comment
contains
copyrighted
material,
CBI,
or
other
information
whose
disclosure
is
restricted
by
statute.
When
EPA
identifies
a
comment
containing
copyrighted
material,
EPA
will
provide
a
reference
to
that
material
in
the
version
of
the
comment
that
is
placed
in
EPA's
electronic
public
docket.
The
entire
printed
comment,
including
the
copyrighted
material,
will
be
available
in
the
public
docket.
Public
comments
submitted
on
computer
disks
that
are
mailed
or
delivered
to
the
docket
will
be
transferred
to
EPA's
electronic
public
docket.
Public
comments
that
are
mailed
or
delivered
to
the
Docket
will
be
scanned
and
placed
in
EPA's
electronic
public
docket.
Where
practical,
physical
objects
will
be
photographed,
and
the
photograph
will
be
placed
in
EPA's
electronic
public
docket
along
with
a
brief
description
written
by
the
docket
staff.
For
additional
information
about
EPA's
electronic
public
docket
visit
EPA
Dockets
online
or
see
67
FR
38102,
May
31,
2002.

C.
How
and
to
Whom
Do
I
Submit
Comments?
You
may
submit
comments
electronically,
by
mail,
by
facsimile,
or
through
hand
delivery/
courier.
To
ensure
proper
receipt
by
EPA,
identify
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/
Vol.
68,
No.
70
/
Friday,
April
11,
2003
/
Proposed
Rules
the
appropriate
docket
identification
number
in
the
subject
line
on
the
first
page
of
your
comment.
Please
ensure
that
your
comments
are
submitted
within
the
specified
comment
period.
Comments
received
after
the
close
of
the
comment
period
will
be
marked
``
late.''
EPA
is
not
required
to
consider
these
late
comments.
1.
Electronically.
If
you
submit
an
electronic
comment
as
prescribed
below,
EPA
recommends
that
you
include
your
name,
mailing
address,
and
an
e­
mail
address
or
other
contact
information
in
the
body
of
your
comment.
Also
include
this
contact
information
on
the
outside
of
any
disk
or
CD
ROM
you
submit,
and
in
any
cover
letter
accompanying
the
disk
or
CD
ROM.
This
ensures
that
you
can
be
identified
as
the
submitter
of
the
comment
and
allows
EPA
to
contact
you
in
case
EPA
cannot
read
your
comment
due
to
technical
difficulties
or
needs
further
information
on
the
substance
of
your
comment.
EPA's
policy
is
that
EPA
will
not
edit
your
comment,
and
any
identifying
or
contact
information
provided
in
the
body
of
a
comment
will
be
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.
If
EPA
cannot
read
your
comment
due
to
technical
difficulties
and
cannot
contact
you
for
clarification,
EPA
may
not
be
able
to
consider
your
comment.
i.
EPA
Dockets.
Your
use
of
EPA's
electronic
public
docket
to
submit
comments
to
EPA
electronically
is
EPA's
preferred
method
for
receiving
comments.
Go
directly
to
EPA
Dockets
at
http://
www.
epa.
gov/
edocket,
and
follow
the
online
instructions
for
submitting
comments.
To
access
EPA's
electronic
public
docket
from
the
EPA
Internet
Home
Page,
select
``
Information
Sources,''
``
Dockets,''
and
``
EPA
Dockets.''
Once
in
the
system,
select
``
search,''
and
then
key
in
Docket
ID
No.
OAR
 
2003
 
0046.
The
system
is
an
``
anonymous
access''
system,
which
means
EPA
will
not
know
your
identity,
e­
mail
address,
or
other
contact
information
unless
you
provide
it
in
the
body
of
your
comment.
ii.
E­
mail.
Comments
may
be
sent
by
electronic
mail
(
e­
mail)
to
a­
and­
rdocket
epa.
gov
Attention
Air
Docket
ID
No.
OAR
 
2003
 
0046.
In
contrast
to
EPA's
electronic
public
docket,
EPA's
email
system
is
not
an
``
anonymous
access''
system.
If
you
send
an
e­
mail
comment
directly
to
the
Docket
without
going
through
EPA's
electronic
public
docket,
EPA's
e­
mail
system
automatically
captures
your
e­
mail
address.
E­
mail
addresses
that
are
automatically
captured
by
EPA's
e­
mail
system
are
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.
iii.
Disk
or
CD
ROM.
You
may
submit
comments
on
a
disk
or
CD
ROM
that
you
mail
to
the
mailing
address
identified
in
Unit
I.
A.
1.
These
electronic
submissions
will
be
accepted
in
WordPerfect
or
ASCII
file
format.
Avoid
the
use
of
special
characters
and
any
form
of
encryption.
2.
By
Mail.
Send
two
copies
of
your
comments
to:
Air
Docket,
Environmental
Protection
Agency,
Mailcode:
6102T,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC,
20460,
Attention
Docket
ID
No.
OAR
 
2003
 
0046.
3.
By
Hand
Delivery
or
Courier.
Deliver
your
comments
to:
EPA
Docket
Center,
Room
B102,
EPA
West
Building,
1301
Constitution
Avenue,
NW.,
Washington,
DC,
Attention
Air
Docket
ID
No.
OAR
 
2003
 
0046.
Such
deliveries
are
only
accepted
during
the
Docket's
normal
hours
of
operation
as
identified
in
Unit
I.
4.
By
Facsimile.
Fax
your
comments
to:
(
202)
566
 
1741,
Attention
Docket
ID.
No.
OAR
 
2003
 
0046.

C.
How
Should
I
Submit
CBI
to
the
Agency?
Do
not
submit
information
that
you
consider
to
be
CBI
electronically
through
EPA's
electronic
public
docket
or
by
e­
mail.
Send
or
deliver
information
identified
as
CBI
only
to
the
following
address:
Attention:
Robert
Larson,
U.
S.
EPA,
National
Vehicle
and
Fuel
Emissions
Laboratory,
Transportation
and
Regional
Programs
Division,
2000
Traverwood
Drive,
Ann
Arbor,
MI
48105,
Docket
ID
No.
OAR
 
2003
 
0046.
You
may
claim
information
that
you
submit
to
EPA
as
CBI
by
marking
any
part
or
all
of
that
information
as
CBI
(
if
you
submit
CBI
on
disk
or
CD
ROM,
mark
the
outside
of
the
disk
or
CD
ROM
as
CBI
and
then
identify
electronically
within
the
disk
or
CD
ROM
the
specific
information
that
is
CBI).
Information
so
marked
will
not
be
disclosed
except
in
accordance
with
procedures
set
forth
in
40
CFR
part
2.
In
addition
to
one
complete
version
of
the
comment
that
includes
any
information
claimed
as
CBI,
a
copy
of
the
comment
that
does
not
contain
the
information
claimed
as
CBI
must
be
submitted
for
inclusion
in
the
public
docket
and
EPA's
electronic
public
docket.
If
you
submit
the
copy
that
does
not
contain
CBI
on
disk
or
CD
ROM,
mark
the
outside
of
the
disk
or
CD
ROM
clearly
that
it
does
not
contain
CBI.
Information
not
marked
as
CBI
will
be
included
in
the
public
docket
and
EPA's
electronic
public
docket
without
prior
notice.
If
you
have
any
questions
about
CBI
or
the
procedures
for
claiming
CBI,
please
consult
the
person
identified
in
the
FOR
FURTHER
INFORMATION
CONTACT
section.

D.
What
Should
I
Consider
as
I
Prepare
My
Comments
for
EPA?

You
may
find
the
following
suggestions
helpful
for
preparing
your
comments:
1.
Explain
your
views
as
clearly
as
possible.
2.
Describe
any
assumptions
that
you
used.
3.
Provide
any
technical
information
and/
or
data
you
used
that
support
your
views.
4.
If
you
estimate
potential
burden
or
costs,
explain
how
you
arrived
at
your
estimate.
5.
Provide
specific
examples
to
illustrate
your
concerns.
6.
Offer
alternatives.
7.
Make
sure
to
submit
your
comments
by
the
comment
period
deadline
identified.
8.
To
ensure
proper
receipt
by
EPA,
identify
the
appropriate
docket
identification
number
in
the
subject
line
on
the
first
page
of
your
response.
It
would
also
be
helpful
if
you
provided
the
name,
date,
and
Federal
Register
citation
related
to
your
comments.

II.
Summary
of
Proposal
EPA
is
proposing
to
revise
the
definition
of
nonroad
engines
to
include
all
diesel­
powered
engines
used
in
agricultural
operations
in
the
State
of
California
that
are
certified
by
the
engine
maker
to
meet
the
applicable
nonroad
emission
standards.
Under
this
proposed
rule,
such
engines
will
be
considered
as
nonroad
engines
without
regard
to
whether
these
engines
are
portable
or
transportable
or
how
long
these
engines
remain
in
one
fixed
location
at
a
farm.
However,
in
the
``
Rules
and
Regulations''
section
of
today's
Federal
Register,
we
are
promulgating
these
revisions
as
a
direct
final
rule
without
a
prior
proposal.
We
have
explained
our
reasons
for
this
action.
This
proposal
incorporates
by
reference
all
the
reasoning,
explanation
and
regulatory
text
from
the
direct
final
rule.
For
further
information,
including
the
regulatory
text
for
this
proposal,
please
refer
to
the
direct
final
rule
that
is
located
in
the
``
Rules
and
Regulations''
section
of
this
Federal
Register
publication.
The
direct
final
rule
will
be
effective
on
May
14,
2003,
without
further
notice
unless
we
receive
adverse
comment
by
May
12,
2003,
or
receive
a
request
for
a
public
hearing
by
April
28,

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Rules
2003.
If
we
receive
no
adverse
comment,
we
will
take
no
further
action
on
this
proposed
rule.
If
we
receive
adverse
comment
on
this
rulemaking,
we
will
publish
a
timely
withdrawal
in
the
Federal
Register
indicating
that
this
rule
change
is
being
withdrawn
due
to
adverse
comment.
We
will
address
all
adverse
comment
in
a
subsequent
final
rule
based
upon
this
proposed
rule.
We
will
not
institute
a
second
comment
period
on
this
action.
Any
parties
interested
in
commenting
must
do
so
at
this
time.

III.
Statutory
and
Executive
Order
Reviews
A.
Executive
Order
12866:
Regulatory
Planning
and
Review
Under
Executive
Order
12866
(
58
FR
51735,
October
4,
1993),
the
Agency
is
required
to
determine
whether
this
regulatory
action
would
be
``
significant''
and
therefore
subject
to
review
by
the
Office
of
Management
and
Budget
(
OMB)
and
the
requirements
of
the
Executive
Order.
The
order
defines
a
``
significant
regulatory
action''
as
any
regulatory
action
that
is
likely
to
result
in
a
rule
that
may:
 
Have
an
annual
effect
on
the
economy
of
$
100
million
or
more
or
adversely
affect
in
a
material
way
the
economy,
a
sector
of
the
economy,
productivity,
competition,
jobs,
the
environment,
public
health
or
safety,
or
State,
local,
or
tribal
governments
or
communities;
 
Create
a
serious
inconsistency
or
otherwise
interfere
with
an
action
taken
or
planned
by
another
agency;
 
Materially
alter
the
budgetary
impact
of
entitlements,
grants,
user
fees,
or
loan
programs
or
the
rights
and
obligations
of
recipients
thereof;
or,
 
Raise
novel
legal
or
policy
issues
arising
out
of
legal
mandates,
the
President's
priorities,
or
the
principles
set
forth
in
the
Executive
Order.
Pursuant
to
the
terms
of
Executive
Order
12866,
we
have
determined
that
this
proposed
rule
is
not
a
``
significant
regulatory
action.''

B.
Paperwork
Reduction
Act
The
Paperwork
Reduction
Act
of
1980,
44
U.
S.
C.
3501
et
seq.,
and
implementing
regulations,
5
CFR
part
1320,
do
not
apply
to
this
action
as
it
does
not
involve
the
collection
of
information
as
defined
therein.

C.
Regulatory
Flexibility
Act
EPA
certifies
that
it
is
not
necessary
to
prepare
a
regulatory
flexibility
analysis
in
connection
with
this
action.
This
proposed
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities,
in
particular
because
this
rule
change
does
not
mandate
that
farms
replace
any
existing
engine.

D.
Unfunded
Mandates
Reform
Act
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRA),
Public
Law
104
 
4,
establishes
requirements
for
Federal
agencies
to
assess
the
effects
of
their
regulatory
actions
on
State,
local,
and
tribal
governments,
and
the
private
sector.
Under
section
202
of
the
UMRA,
we
generally
must
prepare
a
written
statement,
including
a
cost­
benefit
analysis,
for
proposed
and
final
rules
with
``
Federal
mandates''
that
may
result
in
expenditures
to
State,
local,
and
tribal
governments,
in
the
aggregate,
or
to
the
private
sector,
of
$
100
million
or
more
for
any
single
year.
Before
promulgating
a
rule
for
which
a
written
statement
is
needed,
section
205
of
the
UMRA
generally
requires
us
to
identify
and
consider
a
reasonable
number
of
regulatory
alternatives
and
adopt
the
least
costly,
most
cost­
effective,
or
least
burdensome
alternative
that
achieves
the
objectives
of
the
rule.
The
provisions
of
section
205
do
not
apply
when
they
are
inconsistent
with
applicable
law.
Moreover,
section
205
allows
us
to
adopt
an
alternative
that
is
not
the
least
costly,
most
cost­
effective,
or
least
burdensome
alternative
if
we
provide
an
explanation
in
the
final
rule
of
why
such
an
alternative
was
adopted.
Before
we
establish
any
regulatory
requirement
that
may
significantly
or
uniquely
affect
small
governments,
including
tribal
governments,
we
must
develop
a
small
government
plan
pursuant
to
section
203
of
the
UMRA.
Such
a
plan
must
provide
for
notifying
potentially
affected
small
governments,
and
enabling
officials
of
affected
small
governments
to
have
meaningful
and
timely
input
in
the
development
of
our
regulatory
proposals
with
significant
Federal
intergovernmental
mandates.
The
plan
must
also
provide
for
informing,
educating,
and
advising
small
governments
on
compliance
with
the
regulatory
requirements.
This
rule
contains
no
Federal
mandates
for
State,
local,
or
tribal
governments
as
defined
by
the
provisions
of
title
II
of
the
UMRA.
The
rule
imposes
no
enforceable
duties
on
any
of
these
governmental
entities.
Nothing
in
the
rule
will
significantly
or
uniquely
affect
small
governments.
We
have
determined
that
this
rule
does
not
contain
a
Federal
mandate
that
may
result
in
estimated
expenditures
of
more
than
$
100
million
to
the
private
sector
in
any
single
year.
This
action
has
the
net
effect
of
revising
certain
provisions
of
the
Tier
2
rule.
Therefore,
the
requirements
of
the
UMRA
do
not
apply
to
this
action.

E.
Executive
Order
13132:
Federalism
Executive
Order
13132,
entitled
``
Federalism''
(
64
FR
43255,
August
10,
1999),
requires
us
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
state
and
local
officials
in
the
development
of
regulatory
policies
that
have
federalism
implications.''
``
Policies
that
have
federalism
implications''
is
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
the
states,
on
the
relationship
between
the
national
government
and
the
states,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government.
Under
section
6
of
Executive
Order
13132,
we
may
not
issue
a
regulation
that
has
federalism
implications,
that
imposes
substantial
direct
compliance
costs,
and
that
is
not
required
by
statute,
unless
the
Federal
government
provides
the
funds
necessary
to
pay
the
direct
compliance
costs
incurred
by
State
and
local
governments,
or
we
consult
with
State
and
local
officials
early
in
the
process
of
developing
the
proposed
regulation.
We
also
may
not
issue
a
regulation
that
has
federalism
implications
and
that
preempts
State
law,
unless
the
Agency
consults
with
State
and
local
officials
early
in
the
process
of
developing
the
proposed
regulation.
Section
4
of
the
Executive
Order
contains
additional
requirements
for
rules
that
preempt
State
or
local
law,
even
if
those
rules
do
not
have
federalism
implications
(
i.
e.,
the
rules
will
not
have
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government).
Those
requirements
include
providing
all
affected
State
and
local
officials
notice
and
an
opportunity
for
appropriate
participation
in
the
development
of
the
regulation.
If
the
preemption
is
not
based
on
express
or
implied
statutory
authority,
we
also
must
consult,
to
the
extent
practicable,
with
appropriate
State
and
local
officials
regarding
the
conflict
between
State
law
and
federally
protected
interests
within
the
Agency's
area
of
regulatory
responsibility.
This
rule
does
not
have
federalism
implications.
It
will
not
have
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government,
as
specified
in
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2003
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Proposed
Rules
Executive
Order
13132.
This
rule
revises
certain
provisions
of
earlier
rules
that
adopted
national
standards
to
control
emissions
from
nonroad
diesel
engines.
The
requirements
of
the
rule
will
be
enforced
by
the
Federal
government
at
the
national
level.
Thus,
the
requirements
of
section
6
of
the
Executive
Order
do
not
apply
to
this
rule.

F.
Executive
Order
13175:
Consultation
and
Coordination
With
Indian
Tribal
Governments
Executive
Order
13175,
entitled
``
Consultation
and
Coordination
with
Indian
Tribal
Governments''
(
59
FR
22951,
November
6,
2000),
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
tribal
officials
in
the
development
of
regulatory
policies
that
have
tribal
implications.''
This
proposed
rule
does
not
have
tribal
implications,
as
specified
in
Executive
Order
13175.
Today's
rule
does
not
uniquely
affect
the
communities
of
American
Indian
tribal
governments.
Furthermore,
today's
rule
does
not
impose
any
direct
compliance
costs
on
these
communities
and
no
circumstances
specific
to
such
communities
exist
that
will
cause
an
impact
on
these
communities
beyond
those
discussed
in
the
other
sections
of
today's
document.
Thus,
Executive
Order
13175
does
not
apply
to
this
rule.

G.
Executive
Order
13045:
Protection
of
Children
From
Environmental
Health
and
Safety
Risks
Executive
Order
13045,
``
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks''
(
62
FR
19885,
April
23,
1997)
applies
to
any
rule
that
(
1)
is
determined
to
be
``
economically
significant''
as
defined
under
Executive
Order
12866,
and
(
2)
concerns
an
environmental
health
or
safety
risk
that
we
have
reason
to
believe
may
have
a
disproportionate
effect
on
children.
If
the
regulatory
action
meets
both
criteria,
section
5
 
501
of
the
Executive
Order
directs
us
to
evaluate
the
environmental
health
or
safety
effects
of
the
planned
rule
on
children,
and
explain
why
the
planned
regulation
is
preferable
to
other
potentially
effective
and
reasonably
feasible
alternatives
considered
by
us.
This
rule
is
not
subject
to
the
Executive
Order
because
it
is
not
an
economically
significant
regulatory
action
as
defined
by
Executive
Order
12866.
Furthermore,
this
rule
does
not
concern
an
environmental
health
or
safety
risk
that
we
have
reason
to
believe
may
have
a
disproportionate
effect
on
children.
H.
Executive
Order
13211:
Actions
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use
This
rule
is
not
subject
to
Executive
Order
13211,
``
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use''
(
66
FR
28355,
May
22,
2001)
because
it
is
not
a
significant
regulatory
action
under
Executive
Order
12866.

I.
National
Technology
Transfer
Advancement
Act
Section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
of
1995
(
NTTAA),
section
12(
d)
of
Public
Law
104
 
113,
directs
us
to
use
voluntary
consensus
standards
in
our
regulatory
activities
unless
it
would
be
inconsistent
with
applicable
law
or
otherwise
impractical.
Voluntary
consensus
standards
are
technical
standards
(
e.
g.,
materials
specifications,
test
methods,
sampling
procedures,
and
business
practices)
developed
or
adopted
by
voluntary
consensus
standards
bodies.
The
NTTAA
directs
us
to
provide
Congress,
through
OMB,
explanations
when
we
decide
not
to
use
available
and
applicable
voluntary
consensus
standards.
No
new
technical
standards
are
established
in
today's
rule.

IV.
Statutory
Provisions
and
Legal
Authority
Statutory
authority
for
today's
proposed
rule
is
found
in
the
Clean
Air
Act,
42
U.
S.
C.
7401
et
seq.,
in
particular,
section
213
of
the
Act,
42
U.
S.
C.
7547.
This
rule
is
being
promulgated
under
the
administrative
and
procedural
provisions
of
Clean
Air
Act
section
307(
d),
42
U.
S.
C.
7607(
d).

List
of
Subjects
in
40
CFR
Part
89
Environmental
protection,
Administrative
practice
and
procedure,
Motor
vehicle
pollution.

Dated:
April
7,
2003.
Christine
Todd
Whitman,
Administrator.
[
FR
Doc.
03
 
8956
Filed
4
 
10
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
271
[
FRL
 
7478
 
6]

Tennessee:
Final
Authorization
of
State
Hazardous
Waste
Management
Program
Revisions
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Proposed
rule.

SUMMARY:
Tennessee
has
applied
to
EPA
for
Final
authorization
of
the
changes
to
its
hazardous
waste
program
under
the
Resource
Conservation
and
Recovery
Act
(
RCRA).
EPA
proposes
to
grant
final
authorization
to
Tennessee.
In
the
``
Rules
and
Regulations''
section
of
this
Federal
Register,
EPA
is
authorizing
the
changes
by
an
immediate
final
rule.
EPA
did
not
make
a
proposal
prior
to
the
immediate
final
rule
because
we
believe
this
action
is
not
controversial
and
do
not
expect
comments
that
oppose
it.
We
have
explained
the
reasons
for
this
authorization
in
the
preamble
to
the
immediate
final
rule.
Unless
we
get
written
comments
which
oppose
this
authorization
during
the
comment
period,
the
immediate
final
rule
will
become
effective
on
the
date
it
establishes,
and
we
will
not
take
further
action
on
this
proposal.
If
we
get
comments
that
oppose
this
action,
we
will
withdraw
the
immediate
final
rule
and
it
will
not
take
effect.
We
will
then
respond
to
public
comments
in
a
later
final
rule
based
on
this
proposal.
You
may
not
have
another
opportunity
for
comment.
If
you
want
to
comment
on
this
action,
you
must
do
so
at
this
time.

DATES:
Send
your
written
comments
by
May
12,
2003.

ADDRESSES:
Send
written
comments
to
Narindar
Kumar,
Chief,
RCRA
Programs
Branch,
Waste
Management
Division,
U.
S.
Environmental
Protection
Agency,
The
Sam
Nunn
Atlanta
Federal
Center,
61
Forsyth
Street,
SW.,
Atlanta,
GA,
30303
 
8960;
(
404)
562
 
8440.
You
can
examine
copies
of
the
materials
submitted
by
Tennessee
during
normal
business
hours
at
the
following
locations:
EPA
Region
4,
Library,
The
Sam
Nunn
Atlanta
Federal
Center,
61
Forsyth
Street,
SW.,
Atlanta,
Georgia
30303
 
8960;
Phone
number:
(
404)
562
 
8190,
or
the
Tennessee
Department
of
Environment
and
Conservation,
Division
of
Solid
Waste
Management,
5th
Floor,
L
&
C
Tower,
401
Church
Street,
Nashville,
Tennessee
37243
 
1535,
Phone
number:
(
615)
532
 
0850.

FOR
FURTHER
INFORMATION
CONTACT:
Gwendolyn
Gleaton,
RCRA
Services
Section,
RCRA
Programs
Branch,
Waste
Management
Division,
U.
S.
Environmental
Protection
Agency,
The
Sam
Nunn
Atlanta
Federal
Center,
61
Forsyth
Street,
SW.,
Atlanta,
GA,
30303
 
8960;
(
404)
562
 
8500.

SUPPLEMENTARY
INFORMATION:
For
additional
information,
please
see
the
immediate
final
rule
published
in
the
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