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Rules and Regulations Federal Register

Vol. 72, No. 102

Tuesday, May 29, 2007

This section of the FEDERAL REGISTER set fees for copies of agency records to include updates to its Prevention of
contains regulatory documents having general from the NARA fee schedule. The Significant Deterioration (PSD) of Air
applicability and legal effect, most of which commenter asked who would determine Quality rule, which incorporate portions
are keyed to and codified in the Code of the reproduction fees and how would of the New Source Review (NSR)
Federal Regulations, which is published under the fees be set. We did not adopt this program promulgated by the
50 titles pursuant to 44 U.S.C. 1510.
comment because records stored in Environmental Protection Agency in
The Code of Federal Regulations is sold by NARA’s records centers still belong to December 2002. Specifically, these
the Superintendent of Documents. Prices of the agencies that created them. As revisions adopt by reference provisions
new books are listed in the first FEDERAL explained in the interim final rule, of 40 CFR 52.21 as in effect July 1, 2004,
REGISTER issue of each week. NARA provides copies according to the except for subsections with references to
owning agency’s instructions; the the clean unit exemptions, pollution
agency, not NARA, must determine the control projects, and the record keeping
NATIONAL ARCHIVES AND RECORDS extent to which reproduction costs will provisions for the actual-to-projected-
ADMINISTRATION be borne by the agency or the agency’s actual emissions applicability test.
customer. Kansas did not adopt the latter
36 CFR Part 1258 This final rule is not a significant provisions because of the June 2005
[FDMS Docket NARA–07–0002] regulatory action for the purposes of decision by the United States Court of
Executive Order 12866 and has not been Appeals for the District of Columbia
RIN 3095–AB49 Circuit, which vacated the clean unit
reviewed by the Office of Management
and Budget. As required by the exemption and pollution control project
NARA Reproduction Fees
Regulatory Flexibility Act, I certify that provisions and remanded back to EPA
AGENCY: National Archives and Records this rule will not have a significant the record keeping provisions for the
Administration (NARA). impact on a substantial number of small actual-to-projected-actual emissions
ACTION: Final rule. entities because it affects individual applicability test. We proposed to
researchers. This regulation does not approve the revisions on January 31,
SUMMARY: NARA is revising its 2007, and received no comments on the
have any federalism implications. This
regulations relating to reproduction of rule is not a major rule as defined in 5 proposal.
records and other materials in the U.S.C. Chapter 8, Congressional Review DATES: This rule is effective on June 28,
custody of the Archivist of the United of Agency Rulemaking. 2007.
States. We have determined that it is not ADDRESSES: EPA has established a
appropriate to include in those List of Subjects in 36 CFR Part 1258
docket for this action under Docket ID
regulations the reproduction of records Archives and records. No. EPA–R07–OAR–2006–0973. All
of other Federal agencies stored in documents in the docket are listed on
NARA Federal records centers that are PART 1258—FEES the Web
not in our legal custody. This final rule site. Although listed in the index, some
will affect individuals and Federal ■ Accordingly, the interim final rule information is not publicly available,
agencies who request copies of Federal amending 36 CFR part 1258 which was i.e., CBI or other information whose
agency records in NARA Federal published at 72 FR 8279 on February 26, disclosure is restricted by statute.
records centers. 2007, is adopted as a final rule without Certain other material, such as
DATES: Effective date: May 29, 2007. change. copyrighted material, is not placed on
FOR FURTHER INFORMATION CONTACT: Dated: May 23, 2007. the Internet and will be publicly
Jennifer Davis Heaps at 301–837–1850 Allen Weinstein, available only in hard copy form.
or fax at 301–837–0319. Archivist of the United States. Publicly available docket materials are
SUPPLEMENTARY INFORMATION: On [FR Doc. E7–10359 Filed 5–25–07; 8:45 am] available either electronically through
February 26, 2007, NARA published an BILLING CODE 7515–01–P or in hard
interim final rule (72 FR 8279) for a 60- copy at the Environmental Protection
day public comment period removing Agency, Air Planning and Development
records center holdings from our Branch, 901 North 5th Street, Kansas
ENVIRONMENTAL PROTECTION City, Kansas 66101. The Regional
reproduction fee schedule. We received AGENCY
one responsive comment on the interim Office’s official hours of business are
final rule. Other comments received 40 CFR Part 52 Monday through Friday, 8:00 to 4:30
through in the excluding Federal holidays. The
interim final rule docket were [EPA–R07–OAR–2006–0973; FRL–8318–6] interested persons wanting to examine
nonresponsive because they related to these documents should make an
Approval and Promulgation of appointment with the office at least 24
the NARA proposed rule published in
Implementation Plans; State of Kansas hours in advance.
the Federal Register on the same day.
We have transferred those comments to AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: Gina
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the proposed rule docket and will Agency (EPA). Grier at (913) 551–7078, or by e-mail at
consider them as part of that ACTION: Final rule.
rulemaking. The individual who SUPPLEMENTARY INFORMATION:
commented on the interim final rule SUMMARY: EPA is approving revisions to Throughout this document whenever
expressed concern about the absence of Kansas’ State Implementation Plan (SIP) ‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean

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29430 Federal Register / Vol. 72, No. 102 / Tuesday, May 29, 2007 / Rules and Regulations

EPA. This section provides additional After the 2002 NSR Reform rules were submittal also satisfied the
information by addressing the following finalized and effective, various completeness criteria of 40 CFR part 51,
questions: petitioners challenged numerous appendix V. In addition, as explained
What is the Federal Approval Process for a aspects of these rules, along with above and in more detail in the
SIP? portions of EPA’s 1980 NSR rules (45 FR proposed rule, EPA believes that the
What is the background of this action? 5276, August 7, 1980). On June 24, revisions meet the substantive SIP
What is EPA’s final action on Kansas’ rule to 2005, the District of Columbia Circuit requirements of the CAA, including
incorporate NSR reform? Court of Appeals issued a decision on section 110 and implementing
Have the requirements for approval of a SIP the challenges to the 2002 NSR Reform regulations.
revision been met? Rules. See New York v. United States,
Statutory and Executive Order Reviews
What is the Federal Approval Process 413 F.3d (DC Cir. 2005). In summary,
the Court vacated portions of the rules Under Executive Order 12866 (58 FR
for a SIP?
pertaining to clean units and pollution 51735, October 4, 1993), this final action
In order for state regulations to be control projects, remanded a portion of is not a ‘‘significant regulatory action’’
incorporated into the Federally- the rules regarding exemption from and therefore is not subject to review by
enforceable SIP, states must formally record keeping, e.g., 40 CFR 52.21(r)(6) the Office of Management and Budget.
adopt the regulations and control and 40 CFR 51.166(r)(6), and let stand For this reason, this action is also not
strategies consistent with state and the other provisions included as part of subject to Executive Order 13211,
Federal requirements. This process the 2002 NSR Reform rules. EPA has not ‘‘Actions Concerning Regulations That
generally includes a public notice, yet responded to the Court’s remand Significantly Affect Energy Supply,
public hearing, public comment period, regarding record keeping provisions. Distribution, or Use’’ (66 FR 28355, May
and a formal adoption by a state- The Kansas rule was submitted to 22, 2001). This final action merely
authorized rulemaking body. EPA on July 25, 2006. The submission approves state law as meeting Federal
Once a state rule, regulation, or included comments on the rules made requirements and imposes no additional
control strategy is adopted, the state during the state’s adoption process, the requirements beyond those imposed by
submits it to us for inclusion into the state’s response to comments and other state law. Accordingly, the
SIP. We must provide public notice and information necessary to meet EPA’s Administrator certifies that this final
seek additional public comment completeness criteria. rule will not have a significant
regarding the proposed Federal action This rule adopts by reference sections economic impact on a substantial
on the state submission. If adverse of 40 CFR 52.21 as in effect July 1, 2004, number of small entities under the
comments are received, they must be except for subsections with references to Regulatory Flexibility Act (5 U.S.C. 601
addressed prior to any final Federal the clean unit exemptions, pollution et seq.). Because this rule approves pre-
action by us. control projects, and the record keeping existing requirements under state law
All state regulations and supporting provisions for the actual-to-projected- and does not impose any additional
information approved by EPA under actual emissions applicability test. enforceable duty beyond that required
section 110 of the CAA are incorporated Kansas did not adopt the latter by state law, it does not contain any
into the Federally-approved SIP. provisions because of the June 24, 2005, unfunded mandate or significantly or
Records of such SIP actions are District of Columbia Court of Appeals uniquely affect small governments, as
maintained in the Code of Federal decision. described in the Unfunded Mandates
Regulations (CFR) at title 40, part 52, Reform Act of 1995 (Pub. L. 104–4).
entitled ‘‘Approval and Promulgation of What is EPA’s Final Action on Kansas’ This final rule also does not have
Implementation Plans.’’ The actual state Rule to Incorporate NSR Reform? tribal implications because it will not
regulations which are approved are not In this action, we are approving have a substantial direct effect on one or
reproduced in their entirety in the CFR revisions to Kansas’ air quality more Indian tribes, on the relationship
outright but are ‘‘incorporated by regulation, K.A.R. 28–19–350, entitled between the Federal Government and
reference,’’ which means that we have Prevention of Significant Deterioration Indian tribes, or on the distribution of
approved a given state regulation with (PSD) of Air Quality, into the SIP. The power and responsibilities between the
a specific effective date. final action described in this section is Federal Government and Indian tribes,
identical to the action we proposed in as specified by Executive Order 13175
What is the Background of This Action? (65 FR 67249, November 9, 2000). This
the January 31, 2007, notice of proposed
The 2002 NSR Reform rules made rulemaking (72 FR 4472). The rationale action also does not have Federalism
changes to five areas of the NSR for this action is described in more implications because it does not have
programs. In summary, the 2002 rules: detail in the proposal. EPA received no substantial direct effects on the States,
(1) Provide a new method for comments on the proposal. This SIP on the relationship between the national
determining baseline actual emissions; amendment incorporates by reference government and the States, or on the
(2) adopt an actual-to-projected-actual the Federal PSD program in 40 CFR distribution of power and
methodology for determining whether a 52.21, including the 2002 NSR Reform responsibilities among the various
major modification has occurred; (3) rules, except for subsections with levels of government, as specified in
allow major stationary sources to references to the clean unit exemptions, Executive Order 13132 (64 FR 43255,
comply with plant-wide applicability pollution control projects, and the August 10, 1999). This action merely
limits (PALs) to consider plant-wide recordkeeping provisions for the actual- approves a state rule implementing a
emission changes in order to determine to-projected-actual emissions Federal standard, and does not alter the
whether or not a significant emission applicability test. relationship or the distribution of power
increase has been triggered under the and responsibilities established in the
Have the Requirements for Approval of
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requirements of the major NSR program; CAA. This final rule also is not subject
(4) provide a new applicability a SIP Revision Been Met? to Executive Order 13045 ‘‘Protection of
provision for emissions units that are The state submittal has met the public Children from Environmental Health
designated clean units; and (5) exclude notice requirements for SIP submissions Risks and Safety Risks’’ (62 FR 19885,
pollution control projects (PCPs). in accordance with 40 CFR 51.102. The April 23, 1997), because it approves a

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Federal Register / Vol. 72, No. 102 / Tuesday, May 29, 2007 / Rules and Regulations 29431

state rule implementing a Federal copy of the rule, to each House of the List of Subjects in 40 CFR Part 52
standard. Congress and to the Comptroller General Environmental protection, Air
In reviewing SIP submissions, EPA’s of the United States. EPA will submit a pollution control, Carbon monoxide,
role is to approve State choices, report containing this rule and other Incorporation by reference,
provided that they meet the criteria of required information to the U.S. Senate, Intergovernmental relations, Lead,
the CAA. In this context, in the absence the U.S. House of Representatives, and Nitrogen dioxide, Ozone, Particulate
of a prior existing requirement for the the Comptroller General of the United matter, Reporting and recordkeeping
State to use voluntary consensus States prior to publication of the rule in requirements, Sulfur oxides, Volatile
standards (VCS), EPA has no authority the Federal Register. A major rule organic compounds.
to disapprove a SIP submission for cannot take effect until 60 days after it Dated: May 14, 2007.
failure to use VCS. It would thus be is published in the Federal Register.
inconsistent with applicable law for John B. Askew,
This action is not a ‘‘major rule’’ as
EPA, when it reviews a SIP submission, Regional Administrator, Region 7.
defined by 5 U.S.C. 804(2).
to use VCS in place of a SIP submission ■ Chapter I, title 40 of the Code of
that otherwise satisfies the provisions of Under section 307(b)(1) of the CAA, Federal Regulations is amended as
the CAA. Thus, the requirements of petitions for judicial review of this follows:
section 12(d) of the National action must be filed in the United States
Technology Transfer and Advancement Court of Appeals for the appropriate PART 52—[AMENDED]
Act of 1995 (15 U.S.C. 272 note) do not circuit by July 30, 2007. Filing a petition
for reconsideration by the Administrator ■ 1. The authority citation for part 52
apply. This final rule does not impose
of this final rule does not affect the continues to read as follows:
an information collection burden under
the provisions of the Paperwork finality of this rule for the purposes of Authority: 42 U.S.C. 7401 et seq.
Reduction Act of 1995 (44 U.S.C. 3501 judicial review nor does it extend the
et seq.). Subpart R—Kansas
time within which a petition for judicial
The Congressional Review Act, 5 review may be filed, and shall not ■ 2. In § 52.870(c) the table is amended
U.S.C. 801 et seq., as added by the Small postpone the effectiveness of such rule by revising an entry for K.A.R. 28–19–
Business Regulatory Enforcement or action. This action may not be 350 to read as follows:
Fairness Act of 1996, generally provides challenged later in proceedings to
that before a rule may take effect, the enforce its requirements. (See section § 52.870 Identification of plan.
agency promulgating the rule must 307(b)(2).) * * * * *
submit a rule report, which includes a (c) * * *


Kansas citation Title effective EPA approval date Explanation

* * * * * * *
K.A.R. 28–19–350 ... Prevention of Significant 06/30/06 05/29/07 [insert FR page Kansas did not adopt subsections with references
Deterioration (PSD) of number where the doc- to the clean unit exemptions, pollution control
Air Quality. ument begins]. projects, and the recordkeeping provisions for
the actual-to-projected-actual emissions applica-
bility test because of the June 24, 2005, decision
of the United States Court of Appeals for the
District of Columbia Circuit relating to the Clean
Unit Exemption, Pollution Control Projects and
the recordkeeping provisions for the actual-to-
projected-actual emissions applicability test.

* * * * * * *


[FR Doc. E7–10235 Filed 5–25–07; 8:45 am] I. Background
BILLING CODE 6560–50–P SUMMARY: The Department of Energy II. Comments, Responses, and Discussion
(DOE) is amending the Department of III. Section-by-Section Analysis
Energy Acquisition Regulation (DEAR) IV. Procedural Requirements
to remove clauses concerning simplified A. Review Under Executive Order 12866
DEPARTMENT OF ENERGY acquisition procedures and facilities B. Review Under Executive Order 12988
management contracting and to add a C. Review Under the Regulatory Flexibility
48 CFR Parts 913 and 970 clause addressing work authorization. Act
This rule also revises associated D. Review Under the Paperwork Reduction
RIN 1991–AB62 Act
regulatory coverage, as necessary.
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E. Review Under the National

Acquisition Regulation: Technical DATES: Effective Date: June 28, 2007. Environmental Policy Act
Revisions or Amendments to Update
FOR FURTHER INFORMATION CONTACT: F. Review Under Executive Order 13132
Clauses G. Review Under the Unfunded Mandates
Sandra Cover at (202) 287–1344 or
AGENCY: Department of Energy. Reform Act of 1995

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