61106 Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Proposed Rules 

conditional approval granted by EPA 

will convert to a disapproval. EPA is 

soliciting public comments on proposed 

action and issues discussed in this 

document. These comments will be 

considered before taking final action. 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this proposed 

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 Fed. Reg. 

28355 (May 22, 2001)). This action 

merely proposes to approve state law as 

meeting Federal requirements and 

imposes no additional requirements 

beyond those imposed by state law. 

Accordingly, the Administrator certifies 

that this proposed 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 

proposes to approve 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). This proposed 

rule also does 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), nor will 

it 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), because it merely 

proposes to approve a state rule 

implementing a Federal requirement, 

and does not alter the relationship or 

the distribution of power and 

responsibilities established in the Clean 

Air Act. This proposed rule also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant. 

In reviewing SIP submissions, 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 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP 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 apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this proposed rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. EPA 

has complied with Executive Order 

12630 (53 FR 8859, March 15, 1988) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the executive 

order. This proposed rule to grant 

conditional approval of West Virginia 

Emergency Rule 45CSR1 to meet Phase 

II of the NOX SIP Call does not impose 

an information collection burden under 

the provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control Nitrogen dioxide, 

Ozone, Reporting and recordkeeping 

requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: October 13, 2005. 

Donald S. Welsh, 

Regional Administrator, Region III. 

[FR Doc. 05–20986 Filed 10–19–05; 8:45 am] 

BILLING CODE 6560—50—M 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[R01–OAR–2005–MA–0003; FRL–7986–5] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants: Massachusetts; Negative 

Declaration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

Sections 111(d) and 129 negative 

declaration submitted by the 

Massachusetts Department of 

Environmental Protection (MADEP) on 

August 23, 2005. This negative 

declaration adequately certifies that 

there are no existing commercial and 

industrial solid waste incineration units 

(CISWIs) located within the boundaries 

of the Commonwealth of Massachusetts. 

DATES: EPA must receive comments in 

writing by November 21, 2005. 

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R01–OAR–

2005–MA–0003 by one of the following 

methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Agency Web site: http:// 

docket.epa.gov/rmepub/ Regional 

Material in EDocket (RME), EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search,’’ then key 

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

3. E-mail: brown.dan@epa.gov 

4. Fax: (617) 918–0048 

5. Mail: ‘‘RME ID Number R01–OAR–

2005–MA–0003’’, Daniel Brown, Chief, 

Air Permits, Toxics & Indoor Programs 

Unit, Office of Ecosystem Protection, 

U.S. EPA, One Congress Street, Suite 

1100 (CAP), Boston, Massachusetts 

02114–2023. 

6. Hand Delivery or Courier. Deliver 

your comments to: Daniel Brown, Chief, 

Air Permits, Toxics & Indoor Programs 

Unit, Office of Ecosystem Protection, 

U.S. EPA, One Congress Street, Suite 

1100 (CAP), Boston, Massachusetts 

02114–2023. Such deliveries are only 

accepted during the Regional Office’s 

normal hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding federal holidays. 

Please see the direct final rule which is 

located in the Rules Section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

Copies of documents relating to this 

proposed rule are available for public 

inspection during normal business 

hours at the following locations. The 

interested persons wanting to examine 

these documents should make an 

appointment with the appropriate office 

at least 24 hours before the day of the 

visit. 

Environmental Protection Agency, Air 

Permits, Toxics & Indoor Programs Unit, 

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

Office of Ecosystem Protection, Suite 

1100 (CAP), One Congress Street, 

Boston, Massachusetts 02114–2023. 

Massachusetts Department of 

Environmental Protection, Business 

Compliance Division, One Winter 

Street, Boston, Massachusetts 04333–

0017, (617) 292–5500. 

FOR FURTHER INFORMATION CONTACT: John 

Courcier, Office of Ecosystem Protection 

(CAP), EPA-New England, Region 1, 

Boston, Massachusetts 02203, telephone 

number (617) 918–1659, fax number 

(617) 918–0659, e-mail 

courcier.john@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules Section of this Federal 

Register, EPA is approving the 

Massachusetts Negative Declaration 

submittal as a direct final rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the Rules Section of this Federal 

Register. 

Dated: October 13, 2005. 

Robert W. Varney, 

Regional Administrator, EPA New England. 

[FR Doc. 05–20984 Filed 10–19–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 194 

[FRL–7985–8] 

Notification of Completeness of the 

Department of Energy’s Compliance 

Recertification Application for the 

Waste Isolation Pilot Plant 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of completeness of the 

Department of Energy’s Waste Isolation 

Pilot Plant Compliance Recertification 

Application and announcement of end 

of public comment period. 

SUMMARY: The Environmental Protection 

Agency (EPA, ‘‘we’’ or ‘‘the Agency’’) 

has determined that the Department of 

Energy’s (DOE) Compliance 

Recertification Application (CRA, or 

‘‘application’’) for the Waste Isolation 

Pilot Plant (WIPP) is complete. EPA 

provided written notice of the 

completeness decision to the Secretary 

of Energy on September 29, 2005. The 

text of the letter is contained in the 

SUPPLEMENTARY INFORMATION. The 

Agency has determined that the 

Compliance Recertification Application 

is complete, in accordance with 40 CFR 

Part 194, ‘‘Criteria for the Certification 

and Recertification of the WIPP’s 

Compliance with the 40 CFR part 191 

Disposal Regulations’’ (Compliance 

Certification Criteria). The completeness 

determination is an administrative step 

that is required by regulation, and it 

does not imply in any way that the 

Compliance Recertification Application 

demonstrates compliance with the 

Compliance Criteria and/or the disposal 

regulations. EPA is now engaged in the 

full technical review that will determine 

if WIPP remains in compliance with the 

disposal regulations. As required by the 

1992 WIPP Land Withdrawal Act and 

our implementing regulations, EPA will 

make a final recertification decision 

within six months of issuing the 

completeness letter to the Secretary of 

Energy. 

DATES: EPA opened the public comment 

period upon receipt of the Compliance 

Recertification Application (69 FR 

29646–49, May 24, 2004). Comments 

must be received by EPA’s official Air 

Docket on or before December 5, 2005. 

ADDRESSES: Comments may be 

submitted by mail to: EPA Docket 

Center (EPA/DC), Air and Radiation 

Docket, Environmental Protection 

Agency, EPA West, Mail Code 6102T, 

1200 Pennsylvania Avenue, NW., 

Washington, DC 20460. Attention 

Docket ID No. OAR–2004–0025. 

Comments may also be submitted 

electronically, by facsimile, or through 

hand delivery/courier. Follow the 

detailed instructions as provided in 

Unit I.B of the SUPPLEMENTARY

INFORMATION section. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Sharp, telephone number: 202–343–

9265 or Ray Lee, telephone number: 

(202) 343–9601, address: Radiation 

Protection Division, U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue, NW., Mail Code 6608J, 

Washington, DC 20460. You can also 

call EPA’s toll-free WIPP Information 

Line, 1–800–331–WIPP or visit our Web 

site at http://www.epa/gov/radiation/ 

wipp. 

SUPPLEMENTARY INFORMATION: 

I. General 

A. How Can I Get Copies of This 

Document and Other Related 

Information? 

1. Docket. EPA has established an 

official public docket for this action 

under Docket ID No. OAR–2004–0025. 

The official public docket consists of the 

documents specifically referenced in 

this action, any public comments 

received, and other information related 

to this action. Although a part of the 

official docket, the public docket does 

not include Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

The official public docket is the 

collection of materials that is available 

for public viewing at the Air and 

Radiation Docket in the EPA Docket 

Center, (EPA/DC) EPA West, Room 

B102, 1301 Constitution Ave., NW., 

Washington, DC. The EPA Docket 

Center Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

and Radiation Docket is (202) 566–1742. 

These documents are also available for 

review in paper form at the official EPA 

Air Docket in Washington, DC, Docket 

No. A–98–49, Category II–A2, and at the 

following three EPA WIPP informational 

docket locations in New Mexico: in 

Carlsbad at the Municipal Library, 

Hours: Monday–Thursday, 10 a.m.–9 

p.m., Friday–Saturday, 10 a.m.–6 p.m., 

and Sunday, 1 p.m.–5 p.m.; in 

Albuquerque at the Government 

Publications Department, Zimmerman 

Library, University of New Mexico, 

Hours: vary by semester; and in Santa 

Fe at the New Mexico State Library, 

Hours: Monday–Friday, 9 a.m.–5 p.m. 

As provided in EPA’s regulations at 40 

CFR Part 2, and in accordance with 

normal EPA docket procedures, if 

copies of any docket materials are 

requested, a reasonable fee may be 

charged for photocopying. 

2. Electronic Access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the Federal Register listings at 

http://www.epa.gov/fedrgstr/. 

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment