Partial Approval of the Clean Air Act, Section 112(l), Delegation of Authority to the Washington State Department of Health, 9059-9064 [E6-2472]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 71, Number 35 (Wednesday, February 22, 2006)]
[Proposed Rules]
[Pages 9059-9064]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2472]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 61

[EPA-R10-OAR-2006-0001; FRL-8035-6]


Partial Approval of the Clean Air Act, Section 112(l), Delegation 
of Authority to the Washington State Department of Health

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to partially approve a delegation request 
submitted by the Washington State Department of Health (WDOH). WDOH has 
requested delegation authority to implement and enforce the National 
Emission Standards for Hazardous Air Pollutants for radionuclide air 
emission. This action is being taken under the Clean Air Act (CAA or 
the Act).

DATES: Written comments must be received on or before March 24, 2006.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R10-OAR-2006-0001, by one of the following methods:
    A. https://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-Mail: zhen.davis@epa.gov.
    C. Mail: Davis Zhen, Federal and Delegated Air Programs Unit, U.S. 
Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Mail 
Stop: AWT-107, Seattle, WA 98101.
    D. Hand Delivery: U.S. Environmental Protection Agency Region 10, 
Attn: Davis Zhen (AWT-107), 1200 Sixth

[[Page 9060]]

Avenue, Seattle, Washington 98101, 9th Floor. Such deliveries are only 
accepted during normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2006-0001. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. 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. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Office of Air, Waste 
and Toxics, U.S. Environmental Protection Agency, Region 10, 1200 Sixth 
Avenue, Seattle, Washington 98101. Copies of the State submittal are 
also available at the Washington State Department of Health, 111 Israel 
Road, Tumwater, Washington 98501.

FOR FURTHER INFORMATION CONTACT: Davis Zhen, (206) 553-7660, or by e-
mail at zhen.davis@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background and Purpose
    A. What Is the NESHAPs Program?
    B. What Are the Requirements for This Partial Approval and 
Delegation?
    C. What Is the History of This Partial Approval and Delegation?
    D. How Has WDOH Satisfied the Requirements for Partial Approval 
and Delegation of the Radionuclide NESHAPs?
II. EPA Action
    A. What Authorities Are Included in This Partial Approval and 
Delegation to WDOH?
    B. What Authorities Are Excluded From This Partial Approval and 
Delegation to WDOH?
III. Implications
    A. How Will This Partial Approval and Delegation Affect the 
Regulated Community?
    B. Where Will the Regulated Community Send Notifications and 
Reports?
    C. What Are WDOH's Reporting Obligations?
    D. What Is the Effect of Other State Laws Regulating 
Radionuclide Air Emissions?
    E. How Will WDOH Receive Partial Approval and Delegation of 
Newly Promulgated and Revised Radionuclide NESHAPs?
    F. How Frequently Should WDOH Update Its Partial Approval and 
Delegation?
    G. How Will This Delegation Affect Indian Country?
IV. Summary of Proposed Action
V. Statutory and Executive Order Reviews

I. Background and Purpose

A. What Is the NESHAPs Program?

    Hazardous air pollutants are defined in the Act as pollutants that 
threaten human health through inhalation or other type of exposure. 
These pollutants are commonly referred to as ``air toxics'' or 
``hazardous air pollutants'' and are listed in section 112(b)(1) of the 
Act. National Emission Standards for Hazardous Air Pollutants or 
NESHAPs control emissions of hazardous air pollutants from specific 
source categories and implement the requirements of section 112 of the 
Act. These standards are found in 40 CFR parts 61 and 63.
    Section 112(l) of the Act authorizes EPA to approve State and local 
air toxics programs or rules such that these agencies can accept full 
or partial delegation of authority for implementing and enforcing the 
NESHAPs. Typically, a State or local agency requests delegation based 
on Federal rules adopted unchanged into State or local rules.

B. What Are the Requirements for This Partial Approval and Delegation?

    Requirements for partial approval and delegation of NESHAPs adopted 
unchanged into State or local law are set forth in 40 CFR 63.91(d). 
This type of delegation is referred to as ``straight delegation.'' 
There are two basic requirements for straight delegation. First, the 
requesting agency must show it has adequate authority and resources to 
implement and enforce the NESHAPs. This criterion must be met for 
straight delegation as well as for all other types of delegation under 
section 112(l). Second, in the case of straight delegation, the 
requesting agency must show that it has adopted the Federal NESHAPs for 
which it is requesting delegation unchanged into State or local law.
    There are two ways a State or local agency can show it has adequate 
authority and resources to implement and enforce the requested NESHAPs. 
First, the requesting agency can show that it has received from EPA 
final or interim approval of its operating permit program under title V 
of the Clean Air Act. This is because the authority and enforcement 
requirements for approval of a title V program are equivalent to the 
requirements for NESHAPs delegation found in 40 CFR 63.91(d). Moreover, 
EPA approval of a title V program already confers the responsibility to 
implement and enforce all requirements applicable to major sources and 
certain other sourcof section 112.
    A requesting agency that does not have an EPA-approved title V 
program can request delegation by showing it has the authority 
necessary to implement and enforce the NESHAPs, it has the resources 
and ability to carry out this responsibility, and it is capable of 
assuring expeditious compliance by sources, all as provided in 40 CFR 
63.91(d)(3)(i) through (v). Once a requesting agency demonstrates that 
it meets the approval criteria, it need only reference that 
demonstration and reaffirm it still meets the criteria in future 
requests for updated delegation of section 112 standards.
    With respect to radionuclide emissions from licensees of the 
Nuclear Regulatory Commission or licensees of Nuclear Regulatory 
Commission Agreement States which are subject to 40 CFR part 61, 
subparts I, T, or W, a State may request that EPA approve delegation of 
implementation and enforcement of the Federal standard pursuant to 40 
CFR 63.91, but no changes or modifications in the form or content of 
the standard will be approved pursuant to 40 CFR 63.92, 63.93, 63.94,

[[Page 9061]]

or 63.97. See 40 CFR 63.90(f). In other words, the only approval option 
for these NESHAPs is straight delegation.
    EPA is authorized to grant, with the State's consent, partial 
approval to a State request for delegation where the State's legal 
authorities substantially meet the requirements of 40 CFR 
63.91(d)(3)(i) but are not fully approvable. Section 63.91(d)(3)(i) 
requires the State to show it has enforcement authorities meeting the 
requirements of 40 CFR 70.11 (the enforcement authorities of the title 
V program), the authority to request information from regulated sources 
regarding their compliance status, and the authority to inspect sources 
and any records required to determine a source's compliance status. In 
addition, if a State delegates authorities to a local agency and the 
local agency does not have authorities that meet the requirements of 40 
CFR 70.11, the State must retain enforcement authority. In the case of 
a partial approval, EPA will continue to implement and enforce those 
authorities under 40 CFR 63.91(d)(3)(i) that are not approved.

 C. What Is the History of This Partial Approval and Delegation?

    EPA granted interim delegation of 40 CFR part 61, subparts H and I, 
to WDOH on August 2, 1995. See 60 FR 39263. That interim delegation 
expired by its terms on November 9, 1996. Subsequent to that 
delegation, EPA revised 40 CFR part 61, subparts H and I on September 
9, 2002. See 67 FR 57166 and 57167, respectively. In addition, EPA 
raised a concern regarding whether Washington's Regulatory Reform Act 
of 1995, RCW Ch. 43.05, conflicted with requirements for delegation or 
approval of Clean Air Act programs to WDOH. WDOH revised its 
regulations to incorporate by reference the updated NESHAP standards 
and obtained a determination that RCW Ch. 43.05 does not apply to the 
Federally-delegated Radionuclide NESHAPs.
    In a letter dated October 6, 2004, WDOH submitted a new request for 
delegation of subparts H and I, as well as for 40 CFR part 61, subparts 
B, K, Q, R, T, and W. EPA considered WDOH's October 2004 delegation 
request, but determined that WDOH had not adopted into State law the 
general provisions for part 61 in 40 CFR part 61, subpart A, and the 
construction/modification provisions of Subpart H, which are essential 
for full implementation and enforcement of the Radionuclide NESHAPs. 
EPA therefore did not proceed with the October 2004 delegation request.
    Since then, WDOH has revised its regulations to fully incorporate 
by reference all of the Radionuclide NESHAPs, including 40 CFR part 61, 
subpart A. On June 6, 2005, WDOH submitted a new request for delegation 
of authority to implement and enforce 40 CFR part 61, subparts A, B, H, 
I, K, Q, R, T, and W, as in effect on July 1, 2004. WDOH supplemented 
this request with a letter from the Washington Attorney General's 
Office dated December 14, 2005 regarding WDOH's authority to implement 
and enforce the radionuclides NESHAP. In addition, WDOH clarified on 
December 20, 2005 that it would consent to partial delegation in the 
event EPA determined that WDOH did not have all the enforcement 
authorities required by 40 CFR 63.91(d)(3)(i) for full approval.

 D. How Has WDOH Satisfied the Requirements for Partial Approval and 
Delegation of the Radionuclide NESHAPs?

    Although WDOH works with the Washington Department of Ecology 
(Ecology) in issuing Title V permits to radionuclide sources, Ecology, 
not WDOH is the EPA-approved Title V permitting program for such 
sources. Therefore, EPA must determine whether WDOH meets the criteria 
in 40 CFR 63.91(d)(3)(i) through (v).
    Based on WDOH's June 6, 2005 request for delegation and supporting 
documentation, EPA has determined that WDOH meets the criteria for 
partial approval and straight delegation of the Radionuclide NESHAP. 
Specifically, WDOH has submitted a letter from the Washington Attorney 
General's Office dated December 14, 2005 stating that WDOH has the 
enforcement, inspection, and information gathering authority required 
by 40 CFR 63.91(d)(3)(i) with one exception. The exception is that, 
although WDOH has the authority required by 40 CFR 70.11(a)(3)(ii) and 
63.91(d)(3)(i) to recover criminal penalties for knowing violations of 
the Radionuclide NESHAPs, WDOH does not currently have express 
authority to recover criminal fines for knowingly making a false 
material statement or knowingly rendering inadequate any required 
monitoring device or method, as required by 40 CFR 70.11(a)(3)(iii) and 
63.91(d)(3)(i). The letter states that WDOH intends to include express 
prohibitions against these actions in the near future.
    WDOH has also submitted copies of State statutes, regulations, and 
requirements that grant WDOH authority to implement and enforce the 
Radionuclide NESHAPs.
    In addition, WDOH has submitted a demonstration that it has 
adequate resources to implement and enforce all aspects of the 
Radionuclide NESHAPs. This is especially important with respect to the 
Radionuclide NESHAPs. EPA and other Federal agencies have traditionally 
played the primary role in regulating radionuclide air emissions, both 
because radiation is not a ``traditional'' hazardous air pollutant and 
because very few State and local agencies have developed the technical 
expertise to independently implement the Radionuclide NESHAPs. WDOH, 
however, has a long history of regulating large sources of radionuclide 
air emissions in the State of Washington, in particular, the Department 
of Energy's Hanford site near Richland, Washington. The submittal also 
includes a plan for assuring expeditious implementation and enforcement 
of the Radionuclide NESHAPs.
    Finally, WDOH has adopted without change or modification all of the 
provisions of the Radionuclide NESHAPs, 40 CFR part 61, subparts A, B, 
H, I, K, Q, R, T, and W, as in effect on July 1, 2004. WDOH does, as a 
matter of State law, have additional regulations and requirements that 
sources of radionuclide air emissions must meet. As discussed below, 
however, those additional authorities and requirements are not part of 
this partial delegation.

 II. EPA Action

A. What Authorities Are Included in This Partial Approval and 
Delegation?

    Except as provided in Section II.B., EPA is delegating to WDOH 
authority to implement and enforce 40 CFR part 61, subparts A, B, H, I, 
K, Q, R, T, and W, as in effect on July 1, 2004. NESHAPs that are 
promulgated or revised substantively after July 1, 2004 are not 
delegated to WDOH. These remain the responsibility of EPA.
    Included as part of the delegation is the authority to approve:
    1. ``Minor changes to monitoring,'' including the use of the 
specified monitoring requirements and procedures with minor changes in 
methodology as described in 40 CFR 61.14(g)(1)(i);
    2. ``Intermediate changes to monitoring'';
    3. ``Minor changes to recordkeeping/reporting'';
    4. ``Minor changes in test methods,'' including the use of a 
reference method with minor changes in methodology as described in 40 
CFR 61.13(h)(1)(i);
    5. Waiver of the requirement for emission testing because the owner 
or operator of a source has demonstrated

[[Page 9062]]

by other means to WDOH's satisfaction that the source is in compliance 
with the standard as described in 40 CFR 61.13(h)(1)(iii).
    For purposes of this paragraph, the terms in quotations have the 
meaning assigned to them in 40 CFR 63.90.

B. What Authorities Are Excluded From This Partial Approval and 
Delegation?

    EPA is not delegating authorities under 40 CFR part 61 that 
specifically indicate they cannot be delegated, that require rulemaking 
to implement, that affect the stringency of the standard, or where 
national oversight is the only way to ensure national consistency. 
Table 1 below identifies the specific authorities within 40 CFR part 
61, subparts A, B, H, I, K, Q, R, T, and W that EPA is specifically 
excluding from this delegation.

    Table 1.--Part 61 Authorities Excluded From Partial Approval and
                               Delegation
------------------------------------------------------------------------
                Section                            Authorities
------------------------------------------------------------------------
61.04(b)...............................  Waiver of recordkeeping.
61.12(d)(1)............................  Approval of alternative means
                                          of emission limitation.
61.13(h)(1)(ii)........................  Approval of alternatives to
                                          test methods (except as
                                          provided in 40 CFR
                                          61.13(h)(1)(i)).
61.14(g)(1)(ii)........................  Approval of alternatives to
                                          monitoring that do not qualify
                                          as ``Minor changes to
                                          monitoring,'' ``Intermediate
                                          changes to monitoring,'' or
                                          ``Minor changes to
                                          recordkeeping/reporting'' For
                                          purposes of the previous
                                          sentence, the terms in quotes
                                          are defined in 40 CFR 63.90.
61.16..................................  Availability of information.
61.23(b)...............................  Subpart B--Radon Emissions from
                                          Underground Uranium Mines
                                          Alternative compliance
                                          demonstration to COMPLY--R
                                          (requires EPA Headquarters
                                          approval).
61.93(b)(2)(iii), (c)(2)(iii)..........  Subpart H--Emissions of
                                          Radionuclides Other than Radon
                                          from DOE Facilities
                                          (alternatives to test
                                          methods).
61.107(b)(2)(iii), (d)(2)(iii).........  Subpart I--Radionuclide
                                          Emissions from Federal
                                          Facilities Other than NRC
                                          licensees and Not Covered in
                                          Subpart H (alternatives to
                                          test methods).
61.125(a)..............................  Subpart K--Radionuclide
                                          Emissions from elemental
                                          Phosphorus Plants
                                          (alternatives to test
                                          methods).
61.206(c), (d), and (e)................  Subpart R--Emission from
                                          Phosphogypsum Stacks (requires
                                          Approval from Assistant
                                          Administrator of EPA Office of
                                          Air and Radiation).
------------------------------------------------------------------------

    In addition, because WDOH does not currently have express authority 
to recover criminal fines for knowingly making a false material 
statement, representation, or certificate in any form, notice or report 
or knowingly rendering inadequate any required monitoring device or 
method, as required by 40 CFR 70.11(a)(3)(iii) and 40 CFR 
63.91(d)(3)(i), EPA will continue to retain primary authority to 
implement and enforce these authorities. This is the basis for partial 
rather than full approval.

III. Implications

A. How Will This Partial Approval and Delegation Affect the Regulated 
Community?

    Once a State or local agency has been delegated the authority to 
implement and enforce a NESHAP, they become the primary point of 
contact with respect to that NESHAP. Generally speaking, the transfer 
of authority from EPA to WDOH in this delegation changes EPA's role 
from primary implementer and enforcer to overseer.
    As a result, if this partial approval and delegation is finalized, 
sources in Washington to the delegated Radionuclide NESHAPs should 
direct questions and compliance issues to WDOH. For authorities that 
are NOT delegated (those noted in Section II.B. above), affected 
sources should continue to work with EPA as their primary contact and 
submit materials directly to EPA. In such cases, affected sources 
should copy WDOH on all submittals, questions, and requests.
    EPA will continue to have primary responsibility to implement and 
enforce Federal regulations that do not have current State or local 
agency delegations.

B. Where Will the Regulated Community Send Notifications and Reports?

    If this partial approval and delegation is finalized, sources 
subject to the delegated NESHAPs will be required to send required 
notifications, reports and requests to WDOH for WDOH's action and to 
provide copies to EPA. For authorities that are excluded from this 
delegation, sources should continue to send required notifications, 
reports, and requests to EPA and to provide copies to WDOH.

 C. What Are WDOH's Reporting Obligations?

    WDOH must maintain a record of all approved alternatives to all 
monitoring, testing, recordkeeping, and reporting requirements and 
provide this list of alternatives to EPA at least semi-annually, or at 
a more frequent basis if requested by EPA. EPA may audit the WDOH-
approved alternatives and disapprove any that it determines are 
inappropriate, after discussion with WDOH. If changes are disapproved, 
WDOH must notify the source that it must revert to the original 
applicable monitoring, testing, recordkeeping, and/or reporting 
requirements (either those requirements of the original section 112 
requirements, the alternative requirements approved under this subpart, 
or the previously approved site-specific alternative requirements). 
Also, in cases where the source does not maintain the conditions which 
prompted the approval of the alternatives to the monitoring testing, 
recordkeeping, and/or reporting requirements, WDOH must require the 
source to revert to the original monitoring, testing, recordkeeping, 
and reporting requirements, or more stringent requirements, if 
justified.

D. What Is the Effect of Other State Laws Regulating Radionuclide Air 
Emissions?

    This partial approval and delegation delegates to WDOH authority to 
implement and enforce 40 CFR part 61, subparts A, B, H, I, K, Q, R, T, 
and W, as in effect on July 1, 2004. The partial approval and 
delegation does not extend to any additional State standards, including 
other State standards regulating radionuclide air emissions.

[[Page 9063]]

However, if both a State or local regulation and a Federal regulation 
apply to the same source, both must be complied with, regardless of 
whether the one is more stringent than the other, pursuant to the 
requirements of section 116 of the Clean Air Act.

E. How Will WDOH Receive Partial Approval and Delegation of Newly 
Promulgated and Revised Radionuclide NESHAPs?

    WDOH may receive partial approval and delegation of newly 
promulgated or revised Radionuclide NEHAPs by the following streamlined 
process: (1) WDOH will send a letter to EPA requesting delegation for 
such new or revised NESHAPs which WDOH has adopted by reference into 
Washington regulations; (2) EPA will send a letter of response back to 
WDOH granting partial approval of the delegation request (or explaining 
why EPA cannot grant the request), and publish only EPA's approval in 
the Federal Register; (3) WDOH does not need to send a response back to 
EPA.

F. How Frequently Should WDOH Update Its Partial Approval and 
Delegations?

    WDOH is not obligated to request or receive future delegations. 
However, EPA encourages WDOH, on an annual basis, to revise its rules 
to incorporate by reference newly promulgated or revised Radionuclide 
NESHAPs and request updated delegation. Preferably, WDOH should adopt 
Federal regulations effective July 1, of each year; this corresponds 
with the publication date of the Code of Federal Regulations (CFR).

G. How Will This Partial Approval and Delegation Affect Indian Country?

    This partial approval and delegation to WDOH to implement and 
enforce the Radionuclide NESHAPs does not extend to sources or 
activities located in Indian country, as defined in 18 U.S.C. 1151. 
``Indian country'' is defined under 18 U.S.C. 1151 as: (1) All land 
within the limits of any Indian reservation under the jurisdiction of 
the United States Government, notwithstanding the issuance of any 
patent, and including rights-of-way running through the reservation; 
(2) all dependent Indian communities within the borders of the United 
States, whether within the original or subsequently acquired territory 
thereof, and whether within or without the limits of a State; and (3) 
all Indian allotments, the Indian titles to which have not been 
extinguished, including rights-of-way running through the same. Under 
this definition, EPA treats as reservations trust lands validly set 
aside for the use of a Tribe, even if the trust lands have not been 
formally designated as a reservation. Consistent with previous Federal 
program approvals or delegations, EPA will continue to implement the 
NESHAPs in Indian country, because WDOH has not adequately demonstrated 
its authority over sources and activities located within the exterior 
boundaries of Indian reservations and other areas in Indian country.

IV. Summary of Proposed Action

    EPA proposes to grant partial approval to WDOH's request for 
program approval and delegation of authority to implement and enforce 
the Radionuclide NESHAPs. Pursuant to the authority of section 112(l) 
of the Act, this partial approval is based on EPA's finding that State 
law, regulations, and agency resources meet the requirements for 
partial program approval and delegation of authority specified in 40 
CFR 63.91 and applicable EPA guidance.
    The purpose of this partial approval and delegation is to 
acknowledge WDOH's ability to implement a Radionuclide NESHAPs program 
and to transfer primary implementation and enforcement responsibility 
for this program from EPA to WDOH. Although EPA will look to WDOH as 
the lead for implementing delegated Radionuclide NESHAPs for its 
sources, EPA retains authority under Section 113 of the Act to enforce 
any applicable emission standard or requirement, if needed. With 
partial program approval, WDOH may request newly promulgated or revised 
Radionuclide NESHAPs by way of a streamlined process.

V. 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).
    The 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). Consistent with EPA policy, however, EPA 
nonetheless initiated consultation with representatives of tribal 
governments in the process of developing this proposal to permit them 
to have meaningful and timely input into its development. In the spirit 
of Executive Order 13175, and consistent with EPA policy to promote 
communications between EPA and tribal governments, EPA specifically 
solicits additional comment on this proposed rule from tribal 
officials.
    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 request to receive 
delegation of certain Federal standards, and does not alter the 
relationship or the distribution of power and responsibilities 
established in the Clean Air 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 program approval and delegation submissions, EPA's 
role is to approve submissions 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 standards (VCS), 
EPA has no authority to disapprove a delegation submission for failure 
to use VCS. It would thus be inconsistent with applicable law for EPA 
to use VCS in place of a delegation submission 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

[[Page 9064]]

apply. This rule does not impose an information collection burden under 
the provisions of Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

List of Subjects in 40 CFR Part 61

    Environmental protection, Air pollution control, Radionuclides, 
Reporting, and recordkeeping requirements.

    Dated: January 27, 2006.
Julie M. Hagensen,
Acting Regional Administrator, Region 10.
[FR Doc. E6-2472 Filed 2-21-06; 8:45 am]
BILLING CODE 6560-50-P