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61106 Federal Register / Vol. 70, No.

202 / Thursday, October 20, 2005 / Proposed Rules

conditional approval granted by EPA absence of a prior existing requirement declaration submitted by the
will convert to a disapproval. EPA is for the State to use voluntary consensus Massachusetts Department of
soliciting public comments on proposed standards (VCS), EPA has no authority Environmental Protection (MADEP) on
action and issues discussed in this to disapprove a SIP submission for August 23, 2005. This negative
document. These comments will be failure to use VCS. It would thus be declaration adequately certifies that
considered before taking final action. inconsistent with applicable law for there are no existing commercial and
IV. Statutory and Executive Order EPA, when it reviews a SIP submission, industrial solid waste incineration units
Reviews to use VCS in place of a SIP submission (CISWIs) located within the boundaries
that otherwise satisfies the provisions of of the Commonwealth of Massachusetts.
Under Executive Order 12866 (58 FR the Clean Air Act. Thus, the DATES: EPA must receive comments in
51735, October 4, 1993), this proposed requirements of section 12(d) of the writing by November 21, 2005.
action is not a ‘‘significant regulatory National Technology Transfer and
action’’ and therefore is not subject to ADDRESSES: Submit your comments,
Advancement Act of 1995 (15 U.S.C. identified by Regional Material in
review by the Office of Management and 272 note) do not apply. As required by
Budget. For this reason, this action is EDocket (RME) ID Number R01–OAR–
section 3 of Executive Order 12988 (61 2005–MA–0003 by one of the following
also not subject to Executive Order FR 4729, February 7, 1996), in issuing
13211, ‘‘Actions Concerning Regulations methods:
this proposed rule, EPA has taken the 1. Federal eRulemaking Portal:
That Significantly Affect Energy Supply, necessary steps to eliminate drafting
Distribution, or Use’’ (66 Fed. Reg. Follow the
errors and ambiguity, minimize on-line instructions for submitting
28355 (May 22, 2001)). This action potential litigation, and provide a clear
merely proposes to approve state law as comments.
legal standard for affected conduct. EPA 2. Agency Web site: http://
meeting Federal requirements and has complied with Executive Order
imposes no additional requirements Regional
12630 (53 FR 8859, March 15, 1988) by Material in EDocket (RME), EPA’s
beyond those imposed by state law. examining the takings implications of
Accordingly, the Administrator certifies electronic public docket and comment
the rule in accordance with the system, is EPA’s preferred method for
that this proposed rule will not have a ‘‘Attorney General’s Supplemental
significant economic impact on a receiving comments. Once in the
Guidelines for the Evaluation of Risk system, select ‘‘quick search,’’ then key
substantial number of small entities and Avoidance of Unanticipated
under the Regulatory Flexibility Act (5 in the appropriate RME Docket
Takings’’ issued under the executive identification number. Follow the on-
U.S.C. 601 et seq.). Because this rule
order. This proposed rule to grant line instructions for submitting
proposes to approve pre-existing
conditional approval of West Virginia comments.
requirements under state law and does
Emergency Rule 45CSR1 to meet Phase 3. E-mail:
not impose any additional enforceable
II of the NOX SIP Call does not impose 4. Fax: (617) 918–0048
duty beyond that required by state law,
an information collection burden under 5. Mail: ‘‘RME ID Number R01–OAR–
it does not contain any unfunded
the provisions of the Paperwork 2005–MA–0003’’, Daniel Brown, Chief,
mandate or significantly or uniquely
Reduction Act of 1995 (44 U.S.C. 3501 Air Permits, Toxics & Indoor Programs
affect small governments, as described
et seq.). Unit, Office of Ecosystem Protection,
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4). This proposed List of Subjects in 40 CFR Part 52 U.S. EPA, One Congress Street, Suite
rule also does not have a substantial 1100 (CAP), Boston, Massachusetts
Environmental protection, Air 02114–2023.
direct effect on one or more Indian pollution control Nitrogen dioxide,
tribes, on the relationship between the 6. Hand Delivery or Courier. Deliver
Ozone, Reporting and recordkeeping your comments to: Daniel Brown, Chief,
Federal Government and Indian tribes,
requirements. Air Permits, Toxics & Indoor Programs
or on the distribution of power and
responsibilities between the Federal Authority: 42 U.S.C. 7401 et seq. Unit, Office of Ecosystem Protection,
Government and Indian tribes, as Dated: October 13, 2005. U.S. EPA, One Congress Street, Suite
specified by Executive Order 13175 (65 Donald S. Welsh, 1100 (CAP), Boston, Massachusetts
FR 67249, November 9, 2000), nor will Regional Administrator, Region III.
02114–2023. Such deliveries are only
it have substantial direct effects on the accepted during the Regional Office’s
[FR Doc. 05–20986 Filed 10–19–05; 8:45 am]
States, on the relationship between the normal hours of operation. The Regional
national government and the States, or Office’s official hours of business are
on the distribution of power and Monday through Friday, 8:30 to 4:30
responsibilities among the various excluding federal holidays.
levels of government, as specified in Please see the direct final rule which is
Executive Order 13132 (64 FR 43255, located in the Rules Section of this
August 10, 1999), because it merely 40 CFR Part 62 Federal Register for detailed
proposes to approve a state rule instructions on how to submit
implementing a Federal requirement, [R01–OAR–2005–MA–0003; FRL–7986–5] comments.
and does not alter the relationship or Copies of documents relating to this
Approval and Promulgation of State
the distribution of power and proposed rule are available for public
Plans for Designated Facilities and
responsibilities established in the Clean inspection during normal business
Pollutants: Massachusetts; Negative
Air Act. This proposed rule also is not hours at the following locations. The
subject to Executive Order 13045 (62 FR interested persons wanting to examine
19885, April 23, 1997), because it is not AGENCY: Environmental Protection these documents should make an
economically significant. Agency (EPA). appointment with the appropriate office
In reviewing SIP submissions, EPA’s ACTION: Proposed rule. at least 24 hours before the day of the
role is to approve state choices, visit.
provided that they meet the criteria of SUMMARY: EPA proposes to approve the Environmental Protection Agency, Air
the Clean Air Act. In this context, in the Sections 111(d) and 129 negative Permits, Toxics & Indoor Programs Unit,

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Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Proposed Rules 61107

Office of Ecosystem Protection, Suite ACTION: Notice of completeness of the Avenue, NW., Mail Code 6608J,
1100 (CAP), One Congress Street, Department of Energy’s Waste Isolation Washington, DC 20460. You can also
Boston, Massachusetts 02114–2023. Pilot Plant Compliance Recertification call EPA’s toll-free WIPP Information
Massachusetts Department of Application and announcement of end Line, 1–800–331–WIPP or visit our Web
Environmental Protection, Business of public comment period. site at http://www.epa/gov/radiation/
Compliance Division, One Winter wipp.
Street, Boston, Massachusetts 04333– SUMMARY: The Environmental Protection
Agency (EPA, ‘‘we’’ or ‘‘the Agency’’) SUPPLEMENTARY INFORMATION:
0017, (617) 292–5500.
has determined that the Department of I. General
Energy’s (DOE) Compliance
Courcier, Office of Ecosystem Protection Recertification Application (CRA, or A. How Can I Get Copies of This
(CAP), EPA-New England, Region 1, ‘‘application’’) for the Waste Isolation Document and Other Related
Boston, Massachusetts 02203, telephone Pilot Plant (WIPP) is complete. EPA Information?
number (617) 918–1659, fax number provided written notice of the 1. Docket. EPA has established an
(617) 918–0659, e-mail completeness decision to the Secretary official public docket for this action of Energy on September 29, 2005. The under Docket ID No. OAR–2004–0025.
SUPPLEMENTARY INFORMATION: In the text of the letter is contained in the The official public docket consists of the
Final Rules Section of this Federal SUPPLEMENTARY INFORMATION. The documents specifically referenced in
Register, EPA is approving the Agency has determined that the this action, any public comments
Massachusetts Negative Declaration Compliance Recertification Application received, and other information related
submittal as a direct final rule without is complete, in accordance with 40 CFR to this action. Although a part of the
prior proposal because the Agency Part 194, ‘‘Criteria for the Certification official docket, the public docket does
views this as a noncontroversial and Recertification of the WIPP’s not include Confidential Business
submittal and anticipates no adverse Compliance with the 40 CFR part 191 Information (CBI) or other information
comments. A detailed rationale for the Disposal Regulations’’ (Compliance whose disclosure is restricted by statute.
approval is set forth in the direct final Certification Criteria). The completeness The official public docket is the
rule. If no adverse comments are determination is an administrative step collection of materials that is available
received in response to this action, no that is required by regulation, and it for public viewing at the Air and
further activity is contemplated. If EPA does not imply in any way that the Radiation Docket in the EPA Docket
receives adverse comments, the direct Compliance Recertification Application Center, (EPA/DC) EPA West, Room
final rule will be withdrawn and all demonstrates compliance with the B102, 1301 Constitution Ave., NW.,
public comments received will be Compliance Criteria and/or the disposal Washington, DC. The EPA Docket
addressed in a subsequent final rule regulations. EPA is now engaged in the Center Public Reading Room is open
based on this proposed rule. EPA will full technical review that will determine from 8:30 a.m. to 4:30 p.m., Monday
not institute a second comment period. if WIPP remains in compliance with the through Friday, excluding legal
Any parties interested in commenting disposal regulations. As required by the holidays. The telephone number for the
on this action should do so at this time. 1992 WIPP Land Withdrawal Act and Public Reading Room is (202) 566–1744,
Please note that if EPA receives adverse our implementing regulations, EPA will and the telephone number for the Air
comment on an amendment, paragraph, make a final recertification decision and Radiation Docket is (202) 566–1742.
or section of this rule and if that within six months of issuing the These documents are also available for
provision may be severed from the completeness letter to the Secretary of review in paper form at the official EPA
remainder of the rule, EPA may adopt Energy. Air Docket in Washington, DC, Docket
as final those provisions of the rule that No. A–98–49, Category II–A2, and at the
DATES: EPA opened the public comment
are not the subject of an adverse following three EPA WIPP informational
period upon receipt of the Compliance docket locations in New Mexico: in
comment. For additional information, Recertification Application (69 FR
see the direct final rule which is located Carlsbad at the Municipal Library,
29646–49, May 24, 2004). Comments Hours: Monday–Thursday, 10 a.m.–9
in the Rules Section of this Federal must be received by EPA’s official Air
Register. p.m., Friday–Saturday, 10 a.m.–6 p.m.,
Docket on or before December 5, 2005. and Sunday, 1 p.m.–5 p.m.; in
Dated: October 13, 2005. ADDRESSES: Comments may be Albuquerque at the Government
Robert W. Varney, submitted by mail to: EPA Docket Publications Department, Zimmerman
Regional Administrator, EPA New England. Center (EPA/DC), Air and Radiation Library, University of New Mexico,
[FR Doc. 05–20984 Filed 10–19–05; 8:45 am] Docket, Environmental Protection Hours: vary by semester; and in Santa
BILLING CODE 6560–50–P Agency, EPA West, Mail Code 6102T, Fe at the New Mexico State Library,
1200 Pennsylvania Avenue, NW., Hours: Monday–Friday, 9 a.m.–5 p.m.
Washington, DC 20460. Attention As provided in EPA’s regulations at 40
ENVIRONMENTAL PROTECTION Docket ID No. OAR–2004–0025. CFR Part 2, and in accordance with
AGENCY Comments may also be submitted normal EPA docket procedures, if
electronically, by facsimile, or through copies of any docket materials are
40 CFR Part 194 hand delivery/courier. Follow the requested, a reasonable fee may be
detailed instructions as provided in charged for photocopying.
[FRL–7985–8] Unit I.B of the SUPPLEMENTARY 2. Electronic Access. You may access
INFORMATION section. this Federal Register document
Notification of Completeness of the
FOR FURTHER INFORMATION CONTACT: Lisa electronically through the EPA Internet
Department of Energy’s Compliance
Recertification Application for the Sharp, telephone number: 202–343– under the Federal Register listings at
Waste Isolation Pilot Plant 9265 or Ray Lee, telephone number:
(202) 343–9601, address: Radiation An electronic version of the public
AGENCY: Environmental Protection Protection Division, U.S. Environmental docket is available through EPA’s
Agency (EPA). Protection Agency, 1200 Pennsylvania electronic public docket and comment

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