Environmental Protection Agency November 3, 2005 – Federal Register Recent Federal Regulation Documents

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.