[Federal Register Volume 70, Number 167 (Tuesday, August 30, 2005)]
[Rules and Regulations]
[Pages 51266-51269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16927]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 75

[OAR-2002-0056; FRL-7960-1]
RIN 2060-AJ65


Standards of Performance for New and Existing Stationary Sources: 
Electric Utility Steam Generating Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; corrections.

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SUMMARY: This action corrects and clarifies certain text of the final 
rule entitled ``Standards of Performance for New and Existing 
Stationary Sources: Electric Utility Steam Generating

[[Page 51267]]

Units.'' The final rule was published in the Federal Register on May 
18, 2005 (70 FR 28606).
    This action corrects certain section designations set forth in the 
final rule at 70 FR 28652. In addition, this action corrects certain 
revisions set forth in the final rule at 70 FR 28678. These corrections 
do not affect the substance of the action, nor do they change the 
rights or obligations of any party. Rather, this action merely corrects 
certain section designations to eliminate duplication with other rules. 
Thus, it is proper to issue these final rule corrections without notice 
and comment. Section 553 of the Administrative Procedure Act (APA), 5 
U.S.C. 553(b)(B), provides that, when an agency for good cause finds 
that notice and public procedure are impracticable, unnecessary, or 
contrary to the public interest, the agency may issue a rule without 
providing notice and an opportunity for public comment. We have 
determined that there is good cause for making this action final 
without prior proposal and opportunity for comment because the changes 
to the rule are minor technical corrections, are noncontroversial, and 
do not substantively change the agency actions taken in the final rule. 
Thus, notice and public procedure are unnecessary. We find that this 
constitutes good cause under 5 U.S.C. 553(b)(B).

EFFECTIVE DATE: May 18, 2005.

FOR FURTHER INFORMATION CONTACT: Mr. William Maxwell, Combustion Group, 
Emission Standards Division (C439-01), EPA, Research Triangle Park, 
North Carolina, 27711; telephone number (919) 541-5430; fax number 
(919) 541-5450; electronic mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. What Is the Background for the Corrections?

    On May 18, 2005 (70 FR 28606), EPA issued a final rule in which EPA 
promulgated new source performance standards for new coal-fired 
electric utility steam generating units and emission guidelines for 
existing coal-fired electric utility steam generating units designed to 
limit mercury (Hg) emissions from such sources. EPA subsequently 
determined that certain sections of the final rule were not properly 
designated, i.e., the numbering was not correct, and that certain rule 
text was not properly identified as introductory text. This action 
corrects those technical errors.

II. What Are the Corrections to Final Rule (70 FR 28652, 27678)?

    This notice corrects the following errors. In inserting a section 
to 40 CFR part 60, subpart Da (e.g., 40 CFR 60.45a), to incorporate 
emission limitations for Hg, subsequent sections were renumbered. In so 
doing, we inadvertently assigned section numbers to 40 CFR part 60, 
subpart Da, that were already in use in 40 CFR part 60, subpart Ea. To 
correct this error, it is necessary to renumber all of the sections in 
40 CFR part 60, subpart Da, and to correct the associated internal 
references in the same manner. Further, in revising 40 CFR 75.6, we 
inadvertently indicated that we were revising entire paragraphs, rather 
than just the introductory text.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866, Regulatory Planning and Review (58 FR 
51735, October 4, 1993), this action is not a ``significant regulatory 
action'' and is, therefore, not subject to review by the Office of 
Management and Budget (OMB). This action is not a ``major rule'' as 
defined by 5 U.S.C. 804(2). The technical corrections do not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Because EPA has made a 
``good cause'' finding that this action is not subject to notice and 
comment requirements under the APA or any other statute, it is not 
subject to the regulatory flexibility provisions of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202 and 205 of 
the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104B4). In 
addition, this action does not significantly or uniquely affect small 
governments or impose a significant intergovernmental mandate, as 
described in sections 203 and 204 of the UMRA.
    The corrections do not have substantial direct effects on the 
States, or 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, 
Federalism (64 FR 43255, August 10, 1999).
    Today's action also does not significantly or uniquely affect the 
communities of Tribal governments, as specified in Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments (65 
FR 67249, November 9, 2000). The technical corrections also are not 
subject to Executive Order 13045, Protection of Children from 
Environmental Health and Safety Risks (62 FR 19885, April 23, 1997) 
because this action is not economically significant.
    The corrections are not subject to Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 22, 2001) because this action is 
not a significant regulatory action under Executive Order 12866.
    The corrections do not involve changes to the technical standards 
related to test methods or monitoring methods; thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272) do not apply.
    The corrections also do not involve special consideration of 
environmental justice-related issues as required by Executive Order 
12898, Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 
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 U.S. EPA will submit a report containing today's final 
action and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the U.S. prior 
to publication of today's action in the Federal Register. Today's 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). The final 
rule will be effective on May 18, 2005.
    EPA's compliance with the above statutes and EO for the underlying 
rule is discussed in the May 18, 2005 Federal Register notice 
containing ``Standards of Performance for New and Existing Stationary 
Sources: Electric Utility Steam Generating Units'' (70 FR 28606).

List of Subjects

40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Coal, Electric power plants, Incorporation by 
reference, Intergovernmental relations, Metals, Natural gas, Nitrogen 
dioxide, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides.

[[Page 51268]]

40 CFR Part 75

    Acid rain, Air pollution control, Carbon dioxide, Electric 
utilities, Incorporation by reference, Nitrogen oxides, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: August 19, 2005.
Jeffrey R. Holmstead,
Assistant Administrator, Office of Air and Radiation.

0
For the reasons stated in the preamble, title 40, chapter I of the Code 
of the Federal Regulations is amended as follows:

PART 60--[AMENDED]

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1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7403, 7426, and 7601.

Subpart Da--[AMENDED]

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2. Subpart Da is amended as follows:
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a. Redesignating Sec.  60.40a as Sec.  60.40Da;
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b. Redesignating Sec.  60.41a as Sec.  60.41Da;
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c. Redesignating Sec.  60.42a as Sec.  60.42Da;
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d. Redesignating Sec.  60.43a as Sec.  60.43Da;
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e. Redesignating Sec.  60.44a as Sec.  60.44Da;
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f. Redesignating Sec.  60.45a as Sec.  60.45Da;
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g. Redesignating Sec.  60.46a as Sec.  60.46Da;
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h. Redesignating Sec.  60.47a as Sec.  60.47Da;
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i. Redesignating Sec.  60.48a as Sec.  60.48Da;
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j. Redesignating Sec.  60.49a as Sec.  60.49Da;
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k. Redesignating Sec.  60.50a as Sec.  60.50Da;
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l. Redesignating Sec.  60.51a as Sec.  60.51Da; and
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m. Redesignating Sec.  60.52a as Sec.  60.52Da.


Sec.  60.43Da  [Amended]

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3. Newly redesignated Sec.  60.43Da is amended by revising the existing 
reference in paragraph (f) from ``Sec.  60.45a'' to ``Sec.  60.47Da''.


Sec.  60.44Da  [Amended]

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4. Newly redesignated Sec.  60.44Da is amended as follows:
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a. Revising the existing reference in paragraph (a) from ``Sec.  
60.46a(j)(1)'' to ``Sec.  60.48Da(j)(1)'';
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b. Revising the existing reference in paragraph (b) from ``Sec.  
60.45a'' to ``Sec.  60.47Da''; and
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c. Revising the existing reference in paragraph (d)(1) from ``Sec.  
60.46a(k)(1)'' to ``Sec.  60.48Da(k)(1)''.


Sec.  60.45Da  [Amended]

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5. Newly redesignated Sec.  60.45Da is amended by:
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a. Revising the existing reference in paragraph (a) from ``Sec.  
60.50a(h)'' to ``Sec.  60.50Da(h)''; and
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b. Revising the existing reference in paragraph (b) from 
``Sec. 60.50a(g)'' to ``Sec. 60.50Da(g)''.


Sec.  60.47Da  [Amended]

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6. Newly redesignated Sec.  60.47Da is amended as follows:
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a. Revising the existing reference in paragraph (b) from ``Sec.  
60.43a(c)'' to ``Sec.  60.43Da(c)'';
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b. Revising the existing reference in paragraph (c) from ``Sec.  
60.43a(a)'' to ``Sec.  60.43Da(a)''; and
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c. Revising the existing reference in paragraph (d) from ``Sec.  
60.44a(a)'' to ``Sec.  60.44Da(a)''.


Sec.  60.48Da  [Amended]

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7. Newly redesignated Sec.  60.48Da is amended as follows:
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a. Revising the existing references in paragraph (a) from ``Sec.  
60.42a(a)(1)'' to ``Sec.  60.42Da(a)(1)'' and from ``Sec.  60.42a(a)(2) 
and (3)'' to ``Sec.  60.42Da(a)(2) and (3)'';
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b. Revising the existing references in paragraph (b) from ``Sec.  
60.44a(a)'' to ``Sec.  60.44Da(a)'' and from ``Sec.  60.44a(a)(2)'' to 
``Sec.  60.44Da(a)(2)'';
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c. Revising the existing references in paragraph (c) from ``Sec.  
60.42a'' to ``Sec.  60.42Da'', from ``Sec.  60.44a'' to ``Sec.  
60.44Da'', and from ``Sec.  60.45a'' to ``Sec.  60.45Da'';
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d. Revising the existing reference in paragraph (d)(3) from ``Sec.  
60.43a'' to ``Sec.  60.43Da'';
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e. Revising the existing references in paragraph (e) from ``Sec.  
60.43a'' to ``Sec.  60.43Da'' and from ``Sec.  60.44a'' to ``Sec.  
60.44Da'';
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f. Revising the existing references in paragraph (f) from ``Sec.  
60.43a'' to ``Sec.  60.43Da'' and from ``Sec.  60.44a'' to ``Sec.  
60.44Da'';
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g. Revising the existing references in paragraph (h) from ``Sec.  
60.49a'' to ``Sec.  60.49Da'', from ``Sec.  60.43a'' to ``Sec.  
60.43Da'', and from ``60.44a'' to ``Sec.  60.44Da'';
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h. Revising the existing references in paragraph (i) from ``Sec.  
60.44a(d)(1)'' to ``Sec.  60.44Da(d)(1)'', from ``Sec.  60.49a(c)'' to 
``Sec.  60.49Da(c)'', from ``Sec.  60.49a(l)'' to ``Sec.  60.49Da(l)'', 
and from ``Sec.  60.49a(k)'' to ``Sec.  60.49Da(k)'';
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i. Revising the existing reference in paragraph (j) introductory text 
from ``Sec.  60.44a(a)(1)'' to ``Sec.  60.44Da(a)(1)'';
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j. Revising the existing reference in paragraph (j)(1) from ``Sec.  
60.44a(a)(1)'' to ``Sec.  60.44Da(a)(1)'';
0
k. Revising the existing references in paragraph (j)(2) from ``Sec.  
60.49a'' to ``Sec.  60.49Da'';
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l. Revising the existing references in paragraph (k) introductory text 
from ``Sec.  60.44a(d)(1)'' to ``Sec.  60.44Da(d)(1)'';
0
m. Revising the existing reference in paragraph (k)(1) from ``Sec.  
60.44a(d)(1)'' to ``Sec.  60.44Da(d)(1)'';
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n. Revising the existing reference in paragraph (k)(1)(iv) from ``Sec.  
60.44a(d)(1)'' to ``Sec.  60.44Da(d)(1)'';
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o. Revising the existing reference in paragraph (k)(2) introductory 
text from ``Sec.  60.44a(d)(1)'' to ``Sec.  60.44Da(d)(1)'';
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p. Revising the existing references in paragraph (k)(2)(ii) from 
``Sec.  60.49a'' to ``Sec.  60.49Da'' and from ``Sec.  60.49a(l)'' to 
``Sec.  60.49Da(l)'';
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q. Revising the existing reference in paragraph (k)(2)(iii) from 
``Sec.  60.49a(k)'' to ``Sec.  60.49Da(k)'';
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r. Revising the existing reference in paragraph (k)(2)(iv) from ``Sec.  
60.49a(l)'' to ``Sec.  60.49Da(l)''; and
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s. Revising the existing references in paragraph (l) from ``Sec.  
60.45a'' to ``Sec.  60.45Da'', from ``Sec.  60.49a(p)'' to ``Sec.  
60.49Da(p)'', from ``Sec.  60.49a(l) or (m)'' to ``Sec.  60.49Da(l) or 
(m)'', and from ``Sec.  60.49a(k)'' to ``Sec.  60.49Da(k)''.


Sec.  60.49Da  [Amended]

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8. Newly redesignated Sec.  60.49Da is amended as follows:
0
a. Revising the existing reference in paragraph (b)(2) from ``Sec.  
60.43a(d)'' to ``Sec.  60.43Da(d)'';
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b. Revising the existing references in paragraph (c)(2) from ``Sec.  
60.51a'' to ``Sec.  60.51Da'';
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c. Revising the existing reference in paragraph (g) from ``Sec.  
60.48a'' to ``Sec.  60.48Da'';
0
d. Revising the existing reference in paragraph (k) from ``Sec.  
60.44a(d)(1)'' to ``Sec.  60.44Da(d)(1)'';
0
e. Revising the existing reference in paragraph (l) from ``Sec.  
60.44a(d)(1)'' to ``Sec.  60.44Da(d)(1)'';
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f. Revising the existing references in paragraph (o) from ``Sec.  
60.41a'' to ``Sec.  60.41Da'' and from ``Sec.  60.44a(a)(1) or (d)(1)'' 
to ``Sec.  60.44Da(a)(1) or (d)(1)'';
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g. Revising the existing reference in paragraph (p) from ``Sec.  
60.45a'' to ``Sec.  60.45Da'';
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h. Revising the existing reference in paragraph (p)(4)(iii) from 
``Sec.  60.49a(p)(4)(i)'' to ``Sec.  60.49Da(p)(4)(i)''; and
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i. Revising the existing reference in paragraph (p)(4)(iv) from ``Sec.  
60.49a(p)(4)(i)'' to ``Sec.  60.49Da(p)(4)(i)''.


Sec.  60.50Da  [Amended]

0
9. Newly redesignated Sec.  60.50Da is amended as follows:
0
a. Revising the existing reference in paragraph (b) introductory text 
from ``Sec.  60.42a'' to ``Sec.  60.42Da'';
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b. Revising the existing reference in paragraph (c) introductory text 
from ``Sec.  60.43a'' to ``Sec.  60.43Da'';

[[Page 51269]]

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c. Revising the existing reference in paragraph (c)(5) from ``Sec.  
60.49a(b) and (d)'' to ``Sec.  60.49Da(b) and (d)'';
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d. Revising the existing reference in paragraph (d) introductory text 
from ``Sec.  60.44a'' to ``Sec.  60.44Da'';
0
e. Revising the existing reference in paragraph (d)(2) from ``Sec.  
60.49a(c) and (d)'' to ``Sec.  60.49Da(c) and (d)'';
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f. Revising the existing reference in paragraph (e)(2) from ``Sec.  
60.48a(d)(1)'' to ``Sec.  60.48Da(d)(1)'';
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g. Revising the existing references in paragraph (g) introductory text 
from ``Sec.  60.45a'' to ``Sec.  60.45Da'' and from ``Sec.  60.46a'' to 
``Sec.  60.46Da'';
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h. Revising the existing reference in paragraph (h) introductory text 
from ``Sec.  60.45a'' to ``Sec.  60.45Da''; and
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i. Revising the existing reference in paragraph (h)(1) from ``Sec.  
60.49a(p)(4)(i)'' to ``Sec.  60.49Da(p)(4)(i)''.


Sec.  60.51Da  [Amended]

0
10. Newly redesignated Sec.  60.51Da is amended as follows:
0
a. Revising the existing references in paragraph (c) introductory text 
from ``Sec.  60.49a'' to ``Sec.  60.49Da'' and from ``Sec.  60.48a(h)'' 
to ``Sec.  60.48Da(h)'';
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b. Revising the existing reference in paragraph (d) introductory text 
from ``Sec.  60.43a'' to ``Sec.  60.43Da'';
0
c. Revising the existing reference in paragraph (d)(1) from ``Sec.  
60.48a(d)'' to ``Sec.  60.48Da(d)'';
0
d. Revising the existing reference in paragraph (e) introductory text 
from ``Sec.  60.43a'' to ``Sec.  60.43Da'';
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e. Revising the existing reference in paragraph (e)(1) from ``Sec.  
60.50a'' to ``Sec.  60.50Da''; and
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f. Revising the existing reference in paragraph (i) from ``Sec.  
60.42a(b)'' to ``Sec.  60.42Da(b)''.


Sec.  60.52Da  [Amended]

0
11. Newly redesignated Sec.  60.52Da is amended by revising the 
existing references from ``Sec.  60.45a'' to ``Sec.  60.45Da'' and from 
``Sec.  60.46a'' to ``Sec.  60.46Da''.

PART 75--[AMENDED]

0
12. The authority citation for part 75 continues to read as follows:

    Authority: 42 U.S.C. 7601, 7651k, and 7651k.


0
13. Section 75.6 is amended by revising paragraphs (b) introductory 
text, (c), (d) introductory text, and (e) introductory text to read as 
follows:


Sec.  75.6  Incorporation by reference.

* * * * *
    (b) The following materials are available for purchase from the 
American Society of Mechanical Engineers (ASME), 22 Law Drive, P.O. Box 
2900, Fairfield, New Jersey 07007-2900:
* * * * *
    (c) The following materials are available for purchase from the 
American National Standards Institute (ANSI), 25 West 43rd Street, 
Fourth Floor, New York, New York 10036:
    (1) ISO 8316: 1987(E) Measurement of Liquid Flow in closed 
Conduits-Method by Collection of the Liquid in a Volumetric Tank, for 
appendices D and E of this part.
    (2) [Reserved].
* * * * *
    (d) The following materials are available for purchase from the 
following address: Gas Processors Association (GPA), 6526 East 60th 
Street, Tulsa, Oklahoma 74143:
* * * * *
    (e) The following American Gas Association materials are available 
for purchase from the following address: ILI Infodisk, 610 Winters 
Avenue, Paramus, New Jersey 07652:
* * * * *
[FR Doc. 05-16927 Filed 8-29-05; 8:45 am]
BILLING CODE 6560-50-P