[Federal Register Volume 70, Number 212 (Thursday, November 3, 2005)]
[Rules and Regulations]
[Pages 66794-66796]
From the Federal Register Online via the Government Publishing 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: [email protected].

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