Approval and Promulgation of Implementation Plans; New York State Implementation Plan Revision, 57511-57513 [05-19712]
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Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Rules and Regulations
Paperwork Reduction Act
This rule contains no new
information collection requirements
subject to review by the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Regulatory Flexibility Act
The Commission, in accordance with
the Regulatory Flexibility Act (5 U.S.C.
606(b)), has reviewed this regulation
and by approving it certifies that this
regulation will not have a significant
economic impact on a substantial
number of small entities.
Unfunded Mandates Reform Act of 1995
This rule will not result in the
expenditure by State, local, or tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
List of Subjects in 29 CFR Part 1610
Freedom of Information.
For the Commission.
Cari M. Dominguez,
Chair.
Accordingly, for the reasons set forth
in the preamble, EEOC amends 29 CFR
part 1610 as follows:
I
PART 1610—AVAILABILITY OF
RECORDS
1. The authority citation for part 1610
continues to read as follows:
I
Authority: 42 U.S.C. 2000e–12(a), 5 U.S.C.
552 as amended by Pub. L. 93–502, Pub. L.
99–570, and Pub. L. 105–231; for § 1610.15,
non-search or copy portions are issued under
31 U.S.C. 9701.
2. Section 1610.1 is amended by
adding paragraphs (e) through (i) as
follows:
I
§ 1610.1
Definitions.
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(e) Direct costs refers to those
expenses that EEOC actually incurs in
searching for and duplicating (and, in
the case of commercial requesters,
reviewing) records to respond to a
request. Direct costs include, for
example, the salary of the employee
performing the work (the basic rate of
pay for the employee plus 16 percent of
that rate to cover benefits) and the cost
of operating duplicating machinery. Not
included in direct costs are overhead
expenses such as costs of space and
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heating or lighting of the facility in
which the records are stored.
(f) Search refers to the time spent
looking for and retrieving material that
is responsive to a request. It includes
page-by-page or line-by-line
identification of information within
documents and also includes reasonable
efforts to locate and retrieve information
from records maintained in electronic
formats. EEOC employees should ensure
that searching for materials is done in
the most efficient and least expensive
manner reasonably possible. For
example, employees shall not search
line-by-line when merely duplicating a
document would be quicker and less
expensive.
(g) Duplication refers to the process of
making a copy of a record or document
necessary to respond to a FOIA request.
Such copies can take the form of paper
copy, microform, audio-visual materials,
electronic formats (for example
magnetic tape or disk), among others.
Employees shall honor a requester’s
specified preference of format of
disclosure if the record is readily
reproducible with reasonable efforts in
the requested format by the office
responding to the request.
(h) Attestation refers to the
authentication of copies of Commission
documents by an affidavit or unsworn
declaration from the records custodian
without the Commission Seal.
(i) Certification refers to the
authentication of copies of Commission
documents by an affidavit or unsworn
declaration from the records custodian
under the Commission Seal.
I 3. Section 1610.15(c) is revised to read
as follows:
§ 1610.15 Schedule of fees and method of
payment for services rendered.
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(c) Except as otherwise provided, the
following specific fees for direct costs
shall be applicable with respect to
services rendered to members of the
public under this subpart:
(1) For manual search and review
time:
(i) By clerical personnel—at the rate
of $5.00 per quarter hour.
(ii) By paralegals—at the rate of $9.00
per quarter hour.
(iii) By professional personnel—at the
rate of $10.00 per quarter hour.
(iv) By managers—at the rate of
$17.50 per quarter hour.
(v) By SES employees—at the rate of
$20.00 per quarter hour.
(2) For computer searches of records,
requesters will be charged at the actual
direct cost of providing the service. This
includes the operator/programmer
salary apportionable to the search based
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57511
on the rates listed in paragraph (c)(1) of
this section.
(3) For copies made by photocopy—
$0.15 per page (maximum of 10 copies).
For copies prepared by computer, such
as tapes or printouts, EEOC will charge
the direct cost incurred by the agency,
including operator time. For other forms
of duplication, EEOC will charge the
actual costs of that duplication.
(4) For attestation of documents—
$25.00 per authenticating affidavit or
declaration. Additionally, there may be
search and review charges assessed in
accordance with the rates listed in
paragraph (c)(1) of this section.
(5) For certification of document—
$50.00 per authenticating affidavit or
declaration. Additionally, there may be
search and review charges assessed in
accordance with the rates listed in
paragraph (c)(1) of this section.
(6) For each signed statement of
negative result of search for record—
$10.00. Additionally, there may be
search charges assessed in accordance
with the rates listed in paragraph (c)(1)
of this section.
(7) For retrieval of records from a
Federal Records Center—the amount
charged to EEOC for retrieval of such
records.
(8) All other direct costs of search,
review, duplication or delivery (other
than normal mail), shall be charged to
the requester as appropriate in the same
amount as incurred by the agency.
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[FR Doc. 05–19649 Filed 9–30–05; 8:45 am]
BILLING CODE 6570–01–U
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[Region 2 Docket No. R02–OAR–2005–NY–
0003, FRL–7971–5]
Approval and Promulgation of
Implementation Plans; New York State
Implementation Plan Revision
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency is approving a revision to the
New York State Implementation Plan
(SIP) concerning New York’s permitting
program. The SIP revision consists of
amendments to Title 6 of the New York
Code, Rules and Regulations, Part 201,
‘‘Permits and Certificates.’’ The
intended effect of this approval is to
incorporate administrative changes to
New York’s permitting program into the
SIP.
E:\FR\FM\03OCR1.SGM
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Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Rules and Regulations
This rule will be effective
November 2, 2005.
ADDRESSES: A copy of the New York
submittal is available at the following
addresses for inspection during normal
business hours:
Environmental Protection Agency,
Region 2 Office, Air Programs Branch,
290 Broadway, 25th Floor, New York,
New York 10007–1866.
New York State Department of
Environmental Conservation, Division
of Air Resources, 625 Broadway,
Albany, New York 12233.
FOR FURTHER INFORMATION CONTACT: Kirk
J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New
York 10007–1866, (212) 637–3381 or
Wieber.Kirk@epa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
I. What Was Included in New York’s
Submittal?
On June 16, 1996, David Sterman,
then Deputy Commissioner, New York
State Department of Environmental
Conservation (NYSDEC), submitted to
EPA a revision to the State
Implementation Plan (SIP) which
included revisions to Title 6 of the New
York Codes, Rules and Regulations
(NYCRR), Part 201, ‘‘Permits and
Certificates.’’ The revisions to Part 201
were submitted by New York in support
of its Title V Operating Permit Program
under the Clean Air Act (Act), and
became State effective on July 7, 1996.
New York requested at that time that
Subparts 201–1, 201–2, 201–3, 201–4,
201–5, 201–7, 201–8 and Appendix B be
incorporated into the federally approved
SIP, replacing the existing federally
approved version of Part 201. EPA has
deferred taking action on those revisions
to Part 201 due to unresolved concerns
raised by the EPA and NYSDEC
regarding specific Subparts. However,
on May 27, 2005, Carl Johnson, Deputy
Commissioner, NYSDEC, submitted a
SIP revision requesting EPA’s approval
of only Subparts 201–7.1, ‘‘General’’ and
201–7.2, ‘‘Emission Capping Using
Synthetic Minor Permits,’’ as were State
effective on July 7, 1996, and the
removal of Subpart 201.5(e) of the
existing federally approved version of
Part 201. On July 21, 2005 (70 FR
42021), EPA proposed to approve
revised Subparts 201–7.1 and 201–7.2
into the federally approved New York
SIP and remove existing Subpart
201.5(e) from the federally approved
New York SIP. For a detailed discussion
on the content and requirements of the
revisions to New York’s regulations, the
reader is referred to EPA’s proposed
rulemaking action.
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14:53 Sep 30, 2005
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II. What Comments Did EPA Receive in
Response to Its Proposal?
In response to EPA’s July 21, 2005
proposed rulemaking action, EPA
received no adverse comments.
III. What Is EPA’s Conclusion?
EPA has evaluated New York’s
submittal for consistency with the Act,
EPA regulations, and EPA policy. EPA
has determined that the revisions made
to Part 201–7, ‘‘Federally Enforceable
Emission Caps,’’ specifically the
inclusion of Subparts 201–7.1,
‘‘General’’ and 201–7.2, ‘‘Emission
Capping Using Synthetic Minor
Permits’’ meet the SIP revision
requirements of the Act. In addition,
EPA has determined that existing
Subpart 201.5(e) should no longer be
included in the federally approved SIP.
Therefore, EPA is approving revised
Subparts 201–7.1 and 201–7.2 into the
federally approved New York SIP and
removing existing Subpart 201.5(e) from
the federally approved New York SIP.
IV. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
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action also does not have federalism
implications because it does 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
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Act. This rule also is not subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Act. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Act. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Act,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 2, 2005. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
E:\FR\FM\03OCR1.SGM
03OCR1
57513
Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Rules and Regulations
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: September 12, 2005.
Alan J. Steinberg,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
Regulations, Part 201, ‘‘Permits and
Certificates.’’
(i) Incorporation by reference:
(A) Regulations Subparts 201–7.1,
‘‘General’’ and 201–7.2, ‘‘Emission
Capping Using Synthetic Minor
Permits’’ of Part 201–7, ‘‘Federally
Enforceable Emission Caps’’ of Title 6 of
the New York Code of Rules and
Regulations (NYCRR), filed on June 7,
1996, and effective on July 7, 1996.
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart HH—New York
2. Section 52.1670 is amended by
adding new paragraph (c)(109) to read
as follows:
I
§ 52.1670
Identification of plans.
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(c) * * *
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(109) Revisions to the State
Implementation Plan submitted on June
16, 1996 and May 27, 2005, by the New
York State Department of
Environmental Conservation, which
consist of administrative changes to
Title 6 of the New York Code, Rules and
State effective date
New York State regulation
3. In 52.1679, the table is amended by
revising the entry under Title 6 for Part
201 and adding new entries under Title
6 for Subparts 201–7.1 and 201–7.2, in
numerical order to read as follows:
I
§ 52.1679 EPA—approved New York State
regulations.
Latest EPA approval date
Comments
Title 6:
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Part 201, ‘‘Permits and Certificates’’ ..........................................
*
4/4/93
Subpart 201–7.1, ‘‘General’’ ......................................................
7/7/96
Subpart 201–7.2, ‘‘Emission Capping Using Synthetic Minor
Permits’’.
7/7/96
*
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*
[FR Doc. 05–19712 Filed 9–30–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[OAR–2002–0084; FRL–7978–4]
RIN 2060–AN38
National Emission Standards for
Hazardous Air Pollutants for
Secondary Aluminum Production
Environmental Protection
Agency (EPA).
ACTION: Direct final rule; amendments.
AGENCY:
SUMMARY: On March 23, 2000, EPA
promulgated national emission
standards for hazardous air pollutants
(NESHAP) for secondary aluminum
production under section 112 of the
Clean Air Act (CAA), and on December
30, 2002, we published final
amendments to the standards based on
two separate settlement agreements.
This amendment corrects a punctuation
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*
*
10/3/05 [Insert FR page
citation]
10/3/05 [Insert FR page
citation]
10/3/05 [Insert FR page
citation]
*
error in the definition of ‘‘clean charge’’
previously promulgated in the
December 30, 2002 amendments and a
typographical error in the operating
temperature of a scrap dryer/
delacquering kiln/decoating kiln
afterburner. We are making the
amendment by direct final rule, without
prior proposal, because we view the
revision as noncontroversial and
anticipate no adverse comments.
However, in the Proposed Rules section
of this Federal Register, we are
publishing a separate document that
will serve as the proposal to amend the
national emission standards for
secondary aluminum production, if
adverse comments are filed.
If we receive any adverse comments
on the direct final rule, we will publish
a timely withdrawal in the Federal
Register informing the public that the
amendments are being withdrawn due
to adverse comment. We will address all
public comments in a subsequent final
rule based on the proposed rule. If we
do not receive adverse comment on the
direct final rule, it will become effective
on the date set out below. We will not
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*
*
This action removes subpart
201.5(e) from the State’s federally approved SIP.
Sfmt 4700
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institute a second comment period on
the direct final rule. Any parties
interested in commenting must do so at
this time.
The direct final rule will be
effective on December 2, 2005 without
further notice, unless EPA receives
adverse written comments by November
2, 2005 or by November 17, 2005 if a
public hearing is requested. If EPA
receives such comments, it will publish
a timely withdrawal in the Federal
Register indicating that the rule is being
withdrawn due to adverse comment.
DATES:
Submit your comments,
identified by Docket ID No. OAR–2002–
0084, by one of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
Agency Web site: https://www.epa.gov/
edocket. EDOCKET, EPA’s electronic
public docket and comment system, is
EPA’s preferred method for receiving
comments. Follow the on-line
instructions for submitting comments.
• E-mail: a-and-r-docket@epa.gov and
colyer.rick@epa.gov.
ADDRESSES:
E:\FR\FM\03OCR1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Rules and Regulations]
[Pages 57511-57513]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19712]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region 2 Docket No. R02-OAR-2005-NY-0003, FRL-7971-5]
Approval and Promulgation of Implementation Plans; New York State
Implementation Plan Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency is approving a revision to
the New York State Implementation Plan (SIP) concerning New York's
permitting program. The SIP revision consists of amendments to Title 6
of the New York Code, Rules and Regulations, Part 201, ``Permits and
Certificates.'' The intended effect of this approval is to incorporate
administrative changes to New York's permitting program into the SIP.
[[Page 57512]]
DATES: This rule will be effective November 2, 2005.
ADDRESSES: A copy of the New York submittal is available at the
following addresses for inspection during normal business hours:
Environmental Protection Agency, Region 2 Office, Air Programs Branch,
290 Broadway, 25th Floor, New York, New York 10007-1866.
New York State Department of Environmental Conservation, Division of
Air Resources, 625 Broadway, Albany, New York 12233.
FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-3381 or Wieber.Kirk@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What Was Included in New York's Submittal?
On June 16, 1996, David Sterman, then Deputy Commissioner, New York
State Department of Environmental Conservation (NYSDEC), submitted to
EPA a revision to the State Implementation Plan (SIP) which included
revisions to Title 6 of the New York Codes, Rules and Regulations
(NYCRR), Part 201, ``Permits and Certificates.'' The revisions to Part
201 were submitted by New York in support of its Title V Operating
Permit Program under the Clean Air Act (Act), and became State
effective on July 7, 1996. New York requested at that time that
Subparts 201-1, 201-2, 201-3, 201-4, 201-5, 201-7, 201-8 and Appendix B
be incorporated into the federally approved SIP, replacing the existing
federally approved version of Part 201. EPA has deferred taking action
on those revisions to Part 201 due to unresolved concerns raised by the
EPA and NYSDEC regarding specific Subparts. However, on May 27, 2005,
Carl Johnson, Deputy Commissioner, NYSDEC, submitted a SIP revision
requesting EPA's approval of only Subparts 201-7.1, ``General'' and
201-7.2, ``Emission Capping Using Synthetic Minor Permits,'' as were
State effective on July 7, 1996, and the removal of Subpart 201.5(e) of
the existing federally approved version of Part 201. On July 21, 2005
(70 FR 42021), EPA proposed to approve revised Subparts 201-7.1 and
201-7.2 into the federally approved New York SIP and remove existing
Subpart 201.5(e) from the federally approved New York SIP. For a
detailed discussion on the content and requirements of the revisions to
New York's regulations, the reader is referred to EPA's proposed
rulemaking action.
II. What Comments Did EPA Receive in Response to Its Proposal?
In response to EPA's July 21, 2005 proposed rulemaking action, EPA
received no adverse comments.
III. What Is EPA's Conclusion?
EPA has evaluated New York's submittal for consistency with the
Act, EPA regulations, and EPA policy. EPA has determined that the
revisions made to Part 201-7, ``Federally Enforceable Emission Caps,''
specifically the inclusion of Subparts 201-7.1, ``General'' and 201-
7.2, ``Emission Capping Using Synthetic Minor Permits'' meet the SIP
revision requirements of the Act. In addition, EPA has determined that
existing Subpart 201.5(e) should no longer be included in the federally
approved SIP. Therefore, EPA is approving revised Subparts 201-7.1 and
201-7.2 into the federally approved New York SIP and removing existing
Subpart 201.5(e) from the federally approved New York SIP.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does 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 Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Act.
This rule also is not subject to Executive Order 13045 ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Act. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Act. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 2, 2005. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the
[[Page 57513]]
purposes of judicial review nor does it extend the time within which a
petition for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: September 12, 2005.
Alan J. Steinberg,
Regional Administrator, Region 2.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart HH--New York
0
2. Section 52.1670 is amended by adding new paragraph (c)(109) to read
as follows:
Sec. 52.1670 Identification of plans.
* * * * *
(c) * * *
* * * * *
(109) Revisions to the State Implementation Plan submitted on June
16, 1996 and May 27, 2005, by the New York State Department of
Environmental Conservation, which consist of administrative changes to
Title 6 of the New York Code, Rules and Regulations, Part 201,
``Permits and Certificates.''
(i) Incorporation by reference:
(A) Regulations Subparts 201-7.1, ``General'' and 201-7.2,
``Emission Capping Using Synthetic Minor Permits'' of Part 201-7,
``Federally Enforceable Emission Caps'' of Title 6 of the New York Code
of Rules and Regulations (NYCRR), filed on June 7, 1996, and effective
on July 7, 1996.
0
3. In 52.1679, the table is amended by revising the entry under Title 6
for Part 201 and adding new entries under Title 6 for Subparts 201-7.1
and 201-7.2, in numerical order to read as follows:
Sec. 52.1679 EPA--approved New York State regulations.
----------------------------------------------------------------------------------------------------------------
State
New York State regulation effective Latest EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
Title 6:
* * * * * * *
Part 201, ``Permits and 4/4/93 10/3/05 [Insert FR page citation] This action removes
Certificates''. subpart 201.5(e) from
the State's federally
approved SIP.
Subpart 201-7.1, ``General''.... 7/7/96 10/3/05 [Insert FR page citation]
Subpart 201-7.2, ``Emission 7/7/96 10/3/05 [Insert FR page citation]
Capping Using Synthetic Minor
Permits''.
* * * * * * *
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[FR Doc. 05-19712 Filed 9-30-05; 8:45 am]
BILLING CODE 6560-50-P
