New Stationary Sources; Supplemental Delegation of Authority to the Commonwealth of Kentucky Department for Environmental Protection, 66794-66796 [05-21925]
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66794
Federal Register / Vol. 70, No. 212 / Thursday, November 3, 2005 / Rules and Regulations
EPA-APPROVED SOURCE SPECIFIC REQUIREMENTS—Continued
Permit/order or
registration
number
Source name
Virginia Power (VP)—Possum Point
Generating Station [Permit containing NOX RACT requirements].
Virginia Electric and Power Company—Possum Point Generating
Station [Consent Agreement containing VOC RACT requirements].
Washington Gas Light Company—
Springfield Operations Center [Consent Agreement].
Georgia Pacific—Jarratt Softboard
Plant.
Prince William County Landfill .............
Washington
Gas
Company,
Ravensworth Station.
Central Intelligence Agency (CIA),
George Bush Center for Intelligence.
National Reconnaissance Office, Boeing Service Center.
Roanoke Electric Steel Corp. ..............
Roanoke Cement Company ................
Norfolk Southern Railway Company—
East End Shops.
Global Stone Chemstone Corporation
*
*
*
*
40 CFR part 52 citation
7/21/00
1/02/01, 66 FR 8 .........
52.2420(d)(3).
6/12/95
1/02/01, 66 FR 8 .........
52.2420(d)(3).
Registration No.
70151 NVRO–
031–98.
Registration No.
50253.
4/3/98
1/02/01, 66 FR 8 .........
52.2420(d)(3).
9/28/98
3/26/03, 68 FR 14542
4/16/04
9/9/04, 69 FR 54581 ...
40 CFR 52.2420(d)(4); Note: In Section E, Provision 1, the portion of
the text which reads ‘‘* * *and during periods of start-up, shutdown,
and malfunction.’’ is not part of the
SIP.
52.2420(d)(5).
4/16/04, 8/11/04
52.2420(d)(6).
4/16/04
10/06/2004, 69 FR
59812.
12/13/04, 69 FR 72115
4/16/04
12/13/04, 69 FR 72115
52.2420(d)(6).
12/22/04
4/27/05, 70 FR 21621
52.2420(d)(7).
12/22/04
4/27/05, 70 FR 21621
52.2420(d)(7).
12/22/04
4/27/05 70 Fr 21621 ...
52.2420(d)(7).
02/09/05
4/27/05 70 FR 21621 ..
52.2420(d)(7).
Registraton No.
72340.
Registration No.
72277.
Registration No.
71757.
Registration No.
71988.
Registration No.
20131.
Registraton No.
20232.
Registration No.
20468.
Registration No.
80504.
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[KYN–2005–01; FRL–7993–5]
New Stationary Sources; Supplemental
Delegation of Authority to the
Commonwealth of Kentucky
Department for Environmental
Protection
Environmental Protection
Agency (EPA).
ACTION: Delegation of authority.
AGENCY:
SUMMARY: The Commonwealth of
Kentucky Department for
Environmental Protection (KYDEP or
agency) has requested that EPA delegate
authority for implementation and
enforcement of existing New Source
Performance Standards (NSPS) which
have been previously adopted by the
agency but have remained undelegated
by EPA, and has requested that EPA
17:03 Nov 02, 2005
EPA approval date
Registration No.
70225 County-Plant No.
153–0002.
Registration No.
70225.
[FR Doc. 05–21756 Filed 11–2–05; 8:45 am]
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State effective
date
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approve the mechanism for delegation
(adopt-by-reference) of future NSPS.
The purpose of KYDEP’s request for
approval of its delegation mechanism is
to streamline existing administrative
procedures by eliminating any
unnecessary steps involved in the
Federal delegation process. With this
NSPS delegation mechanism in place, a
new or revised NSPS promulgated by
EPA will become effective in the
Commonwealth of Kentucky on the date
the NSPS is adopted-by-reference
pursuant to a rulemaking of the
Commonwealth of Kentucky’s Natural
Resources and Environmental
Protection Cabinet, if the agency adopts
the NSPS without change. ‘‘Adopt-byreference’’ means the EPA promulgated
standard has been adopted directly into
the State regulations by reference to the
Federal law. No further agency requests
for delegation will be necessary.
Likewise, no further Federal Register
notices will be published.
In this action, EPA is delegating
authority to KYDEP for implementation
and enforcement of existing New Source
Performance Standards (NSPS) which
have been previously adopted by
KYDEP and which are identified in the
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52.2420(d)(6).
Supplementary Information section
below. In addition, EPA is approving
KYDEP’s ‘‘adopt-by-reference’’
mechanism for delegation of future
NSPS.
DATES:
The effective date is November 3,
2005.
Copies of the request for
delegation of authority are available for
public inspection during normal
business hours at the following
locations:
Environmental Protection Agency,
Region 4, Air Toxics and Monitoring
Branch, 61 Forsyth Street, SW., Atlanta,
Georgia 30303.
Natural Resources and Environmental
Protection Cabinet, Department for
Environmental Protection, Division for
Air Quality, 803 Schenkel Lane,
Frankfort, Kentucky 40601.
Effective immediately, all requests,
applications, reports and other
correspondence required pursuant to
the delegated standards should not be
submitted to the Region 4 office, but
should instead be submitted to the
following address:
Natural Resources and Environmental
Protection Cabinet, Department for
ADDRESSES:
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Federal Register / Vol. 70, No. 212 / Thursday, November 3, 2005 / Rules and Regulations
Environmental Protection, Division for
Air Quality, 803 Schenkel Lane,
Frankfort, Kentucky 40601.
FOR FURTHER INFORMATION CONTACT:
Keith Goff, Air Toxics and Monitoring
Branch, Environmental Protection
Agency, Region 4, 61 Forsyth St. SW.,
Atlanta, Georgia 30303, 404–562–9137.
E-mail: goff.keith@epa.gov.
SUPPLEMENTARY INFORMATION: Sections
101, 110, 111(c)(1), and 301 of the Clean
Air Act authorize EPA to delegate
authority to implement and enforce the
standards set out in 40 CFR Part 60,
New Source Performance Standards
(NSPS). On April 12, 1977, EPA initially
delegated the authority for
implementation and enforcement of the
NSPS program to the KYDEP. This
agency has subsequently requested a
delegation of authority for
implementation and enforcement of the
previously adopted, undelegated part 60
NSPS categories listed below.
1. 40 CFR part 60, subpart Ea, adopted
September 10, 2003.
2. 40 CFR part 60, subpart Eb, adopted
September 10, 2003.
3. 40 CFR part 60, subpart Ec, adopted
September 10, 2003.
4. 40 CFR part 60, subpart OOO,
adopted July 17, 2000.
5. 40 CFR part 60, subpart WWW,
adopted September 10, 2003.
6. 40 CFR part 60, subpart AAAA,
adopted September 10, 2003.
7. 40 CFR part 60, subpart CCCC,
adopted September 10, 2003.
EPA’s review of Kentucky’s pertinent
laws, rules, and regulations has shown
them to be adequate for implementation
and enforcement of these existing,
previously adopted, undelegated NSPS.
Based on this review, EPA has
determined that delegation of the abovereferenced NSPS is appropriate, with
the non-delegable exceptions noted
below. All sources subject to the
delegable requirements in these NSPS
subparts will now be under the
jurisdiction of the KYDEP, although
EPA reserves the right to implement the
Federal NSPS directly and continues to
retain concurrent enforcement
authority. The NSPS subparts and
portions of subparts that may not be
delegated, and are therefore not
delegated by this action are:
1. Subpart A—§ 60.8(b) (2) and (3),
§ 60.11(e) (7) and (8), § 60.13 (g), (i)
and (j)(2)
2. Subpart B—§ 60.22, § 60.27, and
§ 60.29
3. Subpart Da—§ 60.45a
4. Subpart Db—§ 60.44b(f), § 60.44b(g),
§ 60.49b(a)(4)
5. Subpart Dc—§ 60.48c(a)(4)
6. Subpart Ec—§ 60.56c(i)
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17:03 Nov 02, 2005
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7. Subpart J—§ 60.105(a)(13)(iii),
§ 60.106(i)(12)
8. Subpart Ka—§ 60.114a
9. Subpart Kb—§ 60.111b(f)(4),
§ 60.114b, § 60.116b(e)(3) (iii) and (iv),
§ 60.116b(f)(2)(iii)
10. Subpart O—§ 60.153(e)
11. Subpart EE—§ 60.316(d)
12. Subpart GG—§ 60.334(b)(2),
§ 60.335(f)(1)
13. Subpart RR—§ 60.446(c)
14. Subpart SS—§ 60.456(d)
15. Subpart TT—§ 60.466(d)
16. Subpart UU—§ 60.474(g)
17. Subpart VV—§ 60.482–1(c)(2) and
§ 60.484
18. Subpart WW—§ 60.496(c)
19. Subpart XX—§ 60.502(e)(6)
20. Subpart AAA—§ 60.531, § 60.533,
§ 60.534, § 60.535, § 60.536(i)(2),
§ 60.537, § 60.538(e), § 60.539
21. Subpart BBB—§ 60.543(c)(2)(ii)(B)
22. Subpart DDD—§ 60.562–2(c)
23. Subpart III—§ 60.613(e)
24. Subpart NNN—§ 60.663(e)
25. Subpart RRR—§ 60.703(e)
26. Subpart SSS—§ 60.711(a)(16),
§ 60.713(b)(1)(i), § 60.713(b)(1)(ii),
§ 60.713(b)(5)(i), § 60.713(d),
§ 60.715(a), § 60.716
27. Subpart TTT—§ 60.723(b)(1),
§ 60.723(b)(2)(i)(C), § 60.723(b)(2)(iv),
§ 60.724(e), § 60.725(b)
28. Subpart VVV—§ 60.743(a)(3)(v)(A)
and (B), § 60.743(e), § 60.745(a),
§ 60.746
29. Subpart WWW—§ 60.754(a)(5)
In addition, EPA is approving
KYDEP’s ‘‘adopt-by-reference’’
delegation mechanism for future NSPS.
EPA’s review of the pertinent laws,
rules, and regulations for the agency has
shown them to be adequate for
implementation and enforcement of
existing, previously adopted,
undelegated NSPS and future NSPS.
Future NSPS regulations will contain a
list of sections that cannot be delegated
for that subpart. With this NSPS ‘‘adoptby-reference’’ delegation mechanism in
place, a new or revised NSPS
promulgated by EPA will become
effective in the Commonwealth of
Kentucky on the date the NSPS is
adopted-by-reference pursuant to a
rulemaking of the Commonwealth of
Kentucky’s Natural Resources and
Environmental Protection Cabinet, if the
agency adopts the NSPS without
change. EPA reserves the right to
implement the Federal NSPS directly
and continues to retain concurrent
enforcement authority.
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
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66795
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 imposes no
additional requirements beyond those
imposed by state law. Accordingly, the
Administrator certifies that this action
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
action delegates pre-existing
requirements under Federal law and
does not impose any additional
enforceable duty beyond that required
by Federal 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 action 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
delegates the implementation and
enforcement of an existing Federal
standard and approves a delegation
mechanism for future Federal standards,
and does not alter the relationship or
the distribution of power and
responsibilities established in the Clean
Air Act. This action 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. The
Congressional Review Act, 5 U.S.C. 801
et seq., as added by the Small Business
Regulatory Enforcement Fairness Act of
1996, does not apply because this action
is not a rule, as that term is defined in
5 U.S.C. 804(3).
In reviewing delegation requests and
mechanisms for delegation, EPA’s role
is to approve state choices, provided
that they meet the criteria of the Clean
Air Act. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
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66796
Federal Register / Vol. 70, No. 212 / Thursday, November 3, 2005 / Rules and Regulations
standards (VCS), EPA has no authority
to disapprove a delegation request or
disapprove a proposed delegation
mechanism for failure to use VCS. It
would thus be inconsistent with
applicable law for EPA, when it reviews
a delegation request or proposed
delegation mechanism, to use VCS in
place of a delegation request or
proposed delegation mechanism that
otherwise satisfies the provisions of the
Clean Air 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 action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
This action granting delegation
authority for implementation and
enforcement of existing New Source
Performance Standards and approving a
delegation mechanism for future NSPS
is issued under the authority of sections
101, 110, 111, and 301 of the Clean Air
Act, 42 U.S.C. 7401, 7410, 7411, and
7601.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 17, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 05–21925 Filed 11–2–05; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
46 CFR Part 388
[Docket Number: MARAD–2005–21105]
RIN 2133–AB50
Application Fee Increase for
Administrative Waivers of the
Coastwise Trade Laws
Maritime Administration,
Transportation.
ACTION: Final rule.
AGENCY:
SUMMARY: This final rule increases the
application fee for administrative
waivers of the coastwise trade laws from
$300 to $500. The increased fee will
align the application fee with the actual
cost of processing and issuing each
waiver.
DATES: This final rule is effective
December 5, 2005.
FOR FURTHER INFORMATION CONTACT:
Sharon Cassidy, Office of Ports and
Domestic Shipping, Maritime
Administration, MAR–830, 400 7th St.,
SW., Rm. 7201 Washington, DC 20590;
telephone: (202) 366–5506.
VerDate Aug<31>2005
17:03 Nov 02, 2005
Jkt 208001
Title V of
the Independent Offices Appropriations
Act of 1952 (‘‘IOAA’’; 31 U.S.C. 9701)
authorizes Federal agencies to establish
and collect user fees. The statute
provides that each service or thing of
value provided by an agency should be
self-sustaining to the extent possible,
and that each charge shall be fair and
based on the costs to the Government,
the value of the service or thing to the
recipient, the policy or interest served,
and other relevant factors. 31 U.S.C.
9701.
The primary guidance for
implementation of the IOAA is Office of
Management and Budget (OMB)
Circular No. A–25 (‘‘User Charges,’’ July
8, 1993). Circular A–25 directs agencies
to assess user charges against
identifiable recipients for special
benefits derived from Federal activities
beyond those received by the general
public. Circular A–25, section 6.
Circular A–25 further directs agencies,
with limited exceptions, to recover the
full cost of providing a Government
service from the direct recipients of
special benefits. Section 6(d) of Circular
A–25 defines ‘‘full cost’’ as including
‘‘all direct and indirect costs to any part
of the Federal Government of providing
a good, resource, or service.’’
Pursuant to these directives, MARAD
is proposing to increase the application
fee for administrative waivers of the
coastwise trade laws under 46 CFR part
388 for eligible small vessels. Under 46
CFR part 388, owners of small passenger
vessels may apply for waivers of the
U.S.-build requirements of the
Passenger Vessel Services Act and
section 27 of the Merchant Marine Act,
1920, to allow the carriage of no more
than 12 passengers for hire in the
coastwise trade. Because waivers under
part 388 represent special benefits to
identifiable recipients (i.e., vessel
owners) that are beyond the benefits and
services normally received by the
general public, the IOAA and Circular
A–25 direct MARAD to assess user fees
for providing this service. The current
application fee for a waiver is $300.
MARAD proposes to increase this fee to
$500 as set forth below.
Following the principles embodied in
Circular A–25, MARAD examined the
costs associated with processing and
issuing waivers under part 388 to
determine if the current $300 fee
recovers the full costs of administering
the program. The main cost components
of the program include direct and
indirect personnel costs and Federal
Register publication costs. Our review
of the program determined that average
personnel costs for processing each
uncontested application are $204.50 and
SUPPLEMENTARY INFORMATION:
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$1118.50 for each contested application
(on average, 7% of all waiver
applications are contested, based on the
236 applications sampled for our
analysis). Thus, the total average
personnel costs are $268.48 for
processing each application. The second
main cost component of the program is
the cost of publishing notices of waiver
applications in the Federal Register.
The current Federal Register
publication cost is $155 per column and
the average length of a public notice
published for this program is 1.5
columns. Thus, the total average
publication cost is $232.50. The sum
total of personnel costs and Federal
Register publication costs is $500.98.
Therefore, MARAD is proposing to raise
the application fee from $300 to $500 in
order to recover these costs.
On May 12, 2005, MARAD published
a notice of proposed rulemaking in the
Federal Register (70 FR 25010) that
sought comments on the proposed fee
increase. No comments were received.
Regulatory Analyses and Notices
Executive Order 12866 and DOT
Regulatory Policies and Procedures
This rulemaking is not considered a
significant regulatory action under
section 3(f) of Executive Order 12866
and, therefore, was not reviewed by the
Office of Management and Budget. This
rule is not likely to result in an annual
effect on the economy of $100 million
or more. This rule is also not significant
under the Regulatory Policies and
Procedures of the Department of
Transportation (44 FR 11034, February
26, 1979). The costs and economic
impact associated with this rulemaking
are considered to be so minimal that no
further analysis is necessary.
Regulatory Flexibility Act
In accordance with the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.), the
Maritime Administrator certifies that
this rule will not have a significant
economic impact on a substantial
number of small entities. While this rule
will affect businesses that qualify as
small entities under Small Business
Administration guidelines, MARAD
does not believe that the modest
increase in this one-time, non-recurring
fee (unless an applicant must reapply
due to a revocation) will result in a
significant economic impact on small
entities. Further, MARAD is required
under Federal directives to assess
recipients of special governmental
services reasonable charges to recover
the costs of providing such services.
E:\FR\FM\03NOR1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 212 (Thursday, November 3, 2005)]
[Rules and Regulations]
[Pages 66794-66796]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21925]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[KYN-2005-01; FRL-7993-5]
New Stationary Sources; Supplemental Delegation of Authority to
the Commonwealth of Kentucky Department for Environmental Protection
AGENCY: Environmental Protection Agency (EPA).
ACTION: Delegation of authority.
-----------------------------------------------------------------------
SUMMARY: The Commonwealth of Kentucky Department for Environmental
Protection (KYDEP or agency) has requested that EPA delegate authority
for implementation and enforcement of existing New Source Performance
Standards (NSPS) which have been previously adopted by the agency but
have remained undelegated by EPA, and has requested that EPA approve
the mechanism for delegation (adopt-by-reference) of future NSPS. The
purpose of KYDEP's request for approval of its delegation mechanism is
to streamline existing administrative procedures by eliminating any
unnecessary steps involved in the Federal delegation process. With this
NSPS delegation mechanism in place, a new or revised NSPS promulgated
by EPA will become effective in the Commonwealth of Kentucky on the
date the NSPS is adopted-by-reference pursuant to a rulemaking of the
Commonwealth of Kentucky's Natural Resources and Environmental
Protection Cabinet, if the agency adopts the NSPS without change.
``Adopt-by-reference'' means the EPA promulgated standard has been
adopted directly into the State regulations by reference to the Federal
law. No further agency requests for delegation will be necessary.
Likewise, no further Federal Register notices will be published.
In this action, EPA is delegating authority to KYDEP for
implementation and enforcement of existing New Source Performance
Standards (NSPS) which have been previously adopted by KYDEP and which
are identified in the Supplementary Information section below. In
addition, EPA is approving KYDEP's ``adopt-by-reference'' mechanism for
delegation of future NSPS.
DATES: The effective date is November 3, 2005.
ADDRESSES: Copies of the request for delegation of authority are
available for public inspection during normal business hours at the
following locations:
Environmental Protection Agency, Region 4, Air Toxics and
Monitoring Branch, 61 Forsyth Street, SW., Atlanta, Georgia 30303.
Natural Resources and Environmental Protection Cabinet, Department
for Environmental Protection, Division for Air Quality, 803 Schenkel
Lane, Frankfort, Kentucky 40601.
Effective immediately, all requests, applications, reports and
other correspondence required pursuant to the delegated standards
should not be submitted to the Region 4 office, but should instead be
submitted to the following address:
Natural Resources and Environmental Protection Cabinet, Department
for
[[Page 66795]]
Environmental Protection, Division for Air Quality, 803 Schenkel Lane,
Frankfort, Kentucky 40601.
FOR FURTHER INFORMATION CONTACT: Keith Goff, Air Toxics and Monitoring
Branch, Environmental Protection Agency, Region 4, 61 Forsyth St. SW.,
Atlanta, Georgia 30303, 404-562-9137. E-mail: goff.keith@epa.gov.
SUPPLEMENTARY INFORMATION: Sections 101, 110, 111(c)(1), and 301 of the
Clean Air Act authorize EPA to delegate authority to implement and
enforce the standards set out in 40 CFR Part 60, New Source Performance
Standards (NSPS). On April 12, 1977, EPA initially delegated the
authority for implementation and enforcement of the NSPS program to the
KYDEP. This agency has subsequently requested a delegation of authority
for implementation and enforcement of the previously adopted,
undelegated part 60 NSPS categories listed below.
1. 40 CFR part 60, subpart Ea, adopted September 10, 2003.
2. 40 CFR part 60, subpart Eb, adopted September 10, 2003.
3. 40 CFR part 60, subpart Ec, adopted September 10, 2003.
4. 40 CFR part 60, subpart OOO, adopted July 17, 2000.
5. 40 CFR part 60, subpart WWW, adopted September 10, 2003.
6. 40 CFR part 60, subpart AAAA, adopted September 10, 2003.
7. 40 CFR part 60, subpart CCCC, adopted September 10, 2003.
EPA's review of Kentucky's pertinent laws, rules, and regulations
has shown them to be adequate for implementation and enforcement of
these existing, previously adopted, undelegated NSPS. Based on this
review, EPA has determined that delegation of the above-referenced NSPS
is appropriate, with the non-delegable exceptions noted below. All
sources subject to the delegable requirements in these NSPS subparts
will now be under the jurisdiction of the KYDEP, although EPA reserves
the right to implement the Federal NSPS directly and continues to
retain concurrent enforcement authority. The NSPS subparts and portions
of subparts that may not be delegated, and are therefore not delegated
by this action are:
1. Subpart A--Sec. 60.8(b) (2) and (3), Sec. 60.11(e) (7) and (8),
Sec. 60.13 (g), (i) and (j)(2)
2. Subpart B--Sec. 60.22, Sec. 60.27, and Sec. 60.29
3. Subpart Da--Sec. 60.45a
4. Subpart Db--Sec. 60.44b(f), Sec. 60.44b(g), Sec. 60.49b(a)(4)
5. Subpart Dc--Sec. 60.48c(a)(4)
6. Subpart Ec--Sec. 60.56c(i)
7. Subpart J--Sec. 60.105(a)(13)(iii), Sec. 60.106(i)(12)
8. Subpart Ka--Sec. 60.114a
9. Subpart Kb--Sec. 60.111b(f)(4), Sec. 60.114b, Sec. 60.116b(e)(3)
(iii) and (iv), Sec. 60.116b(f)(2)(iii)
10. Subpart O--Sec. 60.153(e)
11. Subpart EE--Sec. 60.316(d)
12. Subpart GG--Sec. 60.334(b)(2), Sec. 60.335(f)(1)
13. Subpart RR--Sec. 60.446(c)
14. Subpart SS--Sec. 60.456(d)
15. Subpart TT--Sec. 60.466(d)
16. Subpart UU--Sec. 60.474(g)
17. Subpart VV--Sec. 60.482-1(c)(2) and Sec. 60.484
18. Subpart WW--Sec. 60.496(c)
19. Subpart XX--Sec. 60.502(e)(6)
20. Subpart AAA--Sec. 60.531, Sec. 60.533, Sec. 60.534, Sec.
60.535, Sec. 60.536(i)(2), Sec. 60.537, Sec. 60.538(e), Sec. 60.539
21. Subpart BBB--Sec. 60.543(c)(2)(ii)(B)
22. Subpart DDD--Sec. 60.562-2(c)
23. Subpart III--Sec. 60.613(e)
24. Subpart NNN--Sec. 60.663(e)
25. Subpart RRR--Sec. 60.703(e)
26. Subpart SSS--Sec. 60.711(a)(16), Sec. 60.713(b)(1)(i), Sec.
60.713(b)(1)(ii), Sec. 60.713(b)(5)(i), Sec. 60.713(d), Sec.
60.715(a), Sec. 60.716
27. Subpart TTT--Sec. 60.723(b)(1), Sec. 60.723(b)(2)(i)(C), Sec.
60.723(b)(2)(iv), Sec. 60.724(e), Sec. 60.725(b)
28. Subpart VVV--Sec. 60.743(a)(3)(v)(A) and (B), Sec. 60.743(e),
Sec. 60.745(a), Sec. 60.746
29. Subpart WWW--Sec. 60.754(a)(5)
In addition, EPA is approving KYDEP's ``adopt-by-reference''
delegation mechanism for future NSPS. EPA's review of the pertinent
laws, rules, and regulations for the agency has shown them to be
adequate for implementation and enforcement of existing, previously
adopted, undelegated NSPS and future NSPS. Future NSPS regulations will
contain a list of sections that cannot be delegated for that subpart.
With this NSPS ``adopt-by-reference'' delegation mechanism in place, a
new or revised NSPS promulgated by EPA will become effective in the
Commonwealth of Kentucky on the date the NSPS is adopted-by-reference
pursuant to a rulemaking of the Commonwealth of Kentucky's Natural
Resources and Environmental Protection Cabinet, if the agency adopts
the NSPS without change. EPA reserves the right to implement the
Federal NSPS directly and continues to retain concurrent enforcement
authority.
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
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this action 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 action delegates pre-existing requirements under Federal law and
does not impose any additional enforceable duty beyond that required by
Federal 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 action 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 delegates the
implementation and enforcement of an existing Federal standard and
approves a delegation mechanism for future Federal standards, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. This action 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. The Congressional
Review Act, 5 U.S.C. 801 et seq., as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, does not apply because
this action is not a rule, as that term is defined in 5 U.S.C. 804(3).
In reviewing delegation requests and mechanisms for delegation,
EPA's role is to approve state choices, provided that they meet the
criteria of the Clean Air Act. In this context, in the absence of a
prior existing requirement for the State to use voluntary consensus
[[Page 66796]]
standards (VCS), EPA has no authority to disapprove a delegation
request or disapprove a proposed delegation mechanism for failure to
use VCS. It would thus be inconsistent with applicable law for EPA,
when it reviews a delegation request or proposed delegation mechanism,
to use VCS in place of a delegation request or proposed delegation
mechanism that otherwise satisfies the provisions of the Clean Air 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 action does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.). This action granting delegation authority for implementation and
enforcement of existing New Source Performance Standards and approving
a delegation mechanism for future NSPS is issued under the authority of
sections 101, 110, 111, and 301 of the Clean Air Act, 42 U.S.C. 7401,
7410, 7411, and 7601.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 17, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 05-21925 Filed 11-2-05; 8:45 am]
BILLING CODE 6560-50-P
