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10608 Federal Register / Vol. 72, No.

46 / Friday, March 9, 2007 / Rules and Regulations

DEPARTMENT OF AGRICULTURE purpose of approving the Kansas ‘‘anonymous access’’ system, which
Department of Health and means EPA will not know your identity
Forest Service Environment’s (KDHE) actions to or contact information unless you
address the ‘‘good neighbor’’ provisions provide it in the body of your comment.
36 CFR Part 228 of the Clean Air Act Section If you send an e-mail comment directly
RIN 0596–AC20 110(a)(2)(D)(i). These provisions require to EPA without going through http://
each state to submit a SIP that prohibits, your e-mail
DEPARTMENT OF THE INTERIOR emissions that adversely affect another address will be automatically captured
state’s air quality through interstate and included as part of the comment
Bureau of Land Management transport. KDHE has adequately that is placed in the public docket and
addressed the four distinct elements made available on the Internet. If you
43 CFR Part 3160 related to the impact of interstate submit an electronic comment, EPA
transport of air pollutants. These recommends that you include your
[W0–610–411H12–24 1A] include prohibiting significant name and other contact information in
RIN 1004–AD59 contribution to downwind the body of your comment and with any
nonattainment of the National Ambient disk or CD–ROM you submit. If EPA
Onshore Oil and Gas Operations; Air Quality Standards (NAAQS), cannot read your comment due to
Federal and Indian Oil and Gas Leases; interference with maintenance of the technical difficulties and cannot contact
Onshore Oil and Gas Order Number 1, NAAQS, interference with plans in you for clarification, EPA may not be
Approval of Operations; Correction another state to prevent significant able to consider your comment.
deterioration of air quality, and efforts Electronic files should avoid the use of
AGENCIES: U.S. Forest Service,
of other states to protect visibility. The special characters, any form of
Agriculture; Bureau of Land
requirements for public notification encryption, and be free of any defects or
Management, Interior.
were also met by KDHE. viruses.
ACTION: Joint final rule; correction. Docket: All documents in the
DATES: This direct final rule will be
effective May 8, 2007, without further electronic docket are listed in the http://
SUMMARY: On March 7, 2007, the Forest
notice, unless EPA receives adverse index. Although
Service and the Bureau of Land
comment by April 9, 2007. If adverse listed in the index, some information is
Management jointly published a final
comment is received, EPA will publish not publicly available, i.e., CBI or other
rule (72 FR 10308). The dates heading
a timely withdrawal of the direct final information whose disclosure is
on page 10308 incorrectly set out the
rule in the Federal Register informing restricted by statute. Certain other
effective date as April 6, 2007. The
the public that the rule will not take material, such as copyrighted material,
correct effective date of the final rule is
effect. is not placed on the Internet and will be
May 7, 2007, consistent with the chart
publicly available only in hard copy
on page 10328. ADDRESSES: Submit your comments,
form. Publicly available docket
DATES: The effective date of the final identified by Docket ID No. EPA–R07– materials are available either
rule published March 7, 2007 (72 FR OAR–2007–0141, by one of the electronically in http://
10308) is corrected to May 7, 2007. following methods: or in hard copy at
1. Follow
the Environmental Protection Agency,
Kelly Odom, Bureau of Land the on-line instructions for submitting
Air Planning and Development Branch,
Management, at (202) 452–5028. comments.
2. E-mail: 901 North 5th Street, Kansas City,
Tony Ferguson, 3. Mail: Michael Jay, Environmental Kansas 66101. The Regional Office’s
Protection Agency, Air Planning and official hours of business are Monday
Assistant Director, Minerals and Geology
Management, United States Forest Service. Development Branch, 901 North 5th through Friday, 8 to 4:30 excluding
Street, Kansas City, Kansas 66101. Federal holidays. The interested persons
Ray Brady,
4. Hand Delivery or Courier. Deliver wanting to examine these documents
Acting Assistant Director, Minerals, Realty
your comments to Michael Jay, should make an appointment with the
and Resource Protection, Bureau of Land
Management. Environmental Protection Agency, Air office at least 24 hours in advance.
[FR Doc. 07–1150 Filed 3–8–07; 8:45 am] Planning and Development Branch, 901 FOR FURTHER INFORMATION CONTACT:
North 5th Street, Kansas City, Kansas Michael Jay at (913) 551–7460, or by e-
BILLING CODE 3410–11–P; 4310–84–P
66101. mail at
Instructions: Direct your comments to SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION Docket ID No. EPA–R07–OAR–2007– Throughout this document whenever
AGENCY 0141. EPA’s policy is that all comments ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
received will be included in the public EPA. This section provides additional
40 CFR Part 52 docket without change and may be information by addressing the following
made available online at http:// questions:
[EPA–R07–OAR–2007–0141; FRL–8286–3], including any What is being addressed in this document?
personal information provided, unless What action is EPA taking?
Approval and Promulgation of
the comment includes information
Implementation Plans; Kansas; What is being addressed in this
claimed to be Confidential Business
Interstate Transport of Pollution document?
Information (CBI) or other information
AGENCY: Environmental Protection whose disclosure is restricted by statute. EPA is revising the SIP for the
Agency (EPA). Do not submit through http:// purpose of approving the KDHE’s
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ACTION: Direct final rule. or e-mail actions to address the requirements of
information that you consider to be CBI the Clean Air Act (CAA) section
SUMMARY: EPA is revising the Kansas or otherwise protected. The http:// 110(a)(2)(D)(i). This CAA section
State Implementation Plan (SIP) for the website is an requires each state to submit a SIP that

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Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations 10609

prohibits emissions that could adversely Wisconsin. The backtrajectory analysis With this action, the non-regulatory
affect another state. The SIP must revealed that relatively few air masses text in 40 CFR 52.870(e) is revised to
prevent sources in the state from pass over Kansas prior to arriving to reflect that KDHE addressed the
emitting pollutants in amounts which these counties during high ozone days, elements of the CAA section
will: (1) Contribute significantly to thus demonstrating that emissions from 110(a)(2)(D)(i) submittal.
downwind nonattainment of the Kansas have a minimal contribution to
What action is EPA taking?
NAAQS, (2) interfere with maintenance the 8-hour ozone nonattainment of the
of the NAAQS, (3) interfere with two counties. Additionally, the state has EPA is approving this revision
provisions to prevent significant emphasized that St. Louis, Missouri, the submitted by Kansas and is revising 40
deterioration of air quality, and (4) nearest current nonattainment area, is CFR 52.870 to reflect that the KDHE has
interfere with efforts to protect projected by EPA to be in attainment of adequately addressed the required
visibility. the 8-hour ozone standard in the year elements of the CAA section
EPA issued guidance on August 15, 2010. Based on this and other 110(a)(2)(D)(i) SIP. Please note that if
2006, relating to SIP submissions to information provided by the state in the EPA receives adverse comments on part
meet the requirements of section technical demonstration, EPA believes of this rule, and if that part can be
110(a)(2)(D)(i). As discussed below, the state has sufficiently demonstrated severed from the remainder of the rule,
Kansas’ analysis of its SIP with respect that emissions from the state do not EPA may adopt as final those parts of
to the statutory requirements is significantly contribute to downwind the rule that are not the subject of an
consistent with the guidance. nonattainment or interfere with adverse comment.
The KDHE has addressed the first two maintenance of the NAAQS. Additional Statutory and Executive Order Reviews
of these elements by submitting a supporting information can be found in
technical demonstration supporting the the state’s technical demonstration Under Executive Order 12866 (58 FR
conclusion that emissions from Kansas included in the docket. 51735, October 4, 1993), this action is
do not significantly contribute to The third element KDHE addressed not a ‘‘significant regulatory action’’ and
downwind nonattainment or interfere was prevention of significant therefore is not subject to review by the
with maintenance of the NAAQS in deterioration (PSD). For 8-hour ozone, Office of Management and Budget. For
another state. For PM2.5, the state has the state has met the obligation by this reason, this action is also not
relied upon existing EPA Clean Air confirming that major sources in the subject to Executive Order 13211,
Interstate Rule (CAIR) modeling that state are currently subject to PSD ‘‘Actions Concerning Regulations That
determined impacts from the state do programs that implement the 8-hour Significantly Affect Energy Supply,
not meet or exceed the 0.2 µg/m3 ozone standard and that the state is on Distribution, or Use’’ (66 FR 28355, May
average annual threshold that EPA track to meet the June 15, 2007, 22, 2001). This action merely approves
established to determine significant deadline for SIP submissions adopting state law as meeting Federal
impact on another state in the projection any relevant requirements of the Phase requirements and imposes no additional
year 2010. The state indicated that in II ozone implementation rule. For PM2.5, requirements beyond those imposed by
EPA’s CAIR modeling, Kansas’ the state has confirmed that the state’s state law. Accordingly, the
maximum downwind contribution to PSD program is being implemented in Administrator certifies that this action
average annual nonattainment was 0.11 accordance with EPA’s interim guidance will not have a significant economic
µg/m3 (70 FR 25247). The state has calling for the use of PM10 as a surrogate impact on a substantial number of small
relied on this result to demonstrate that for PM2.5 for the purposes of PSD entities under the Regulatory Flexibility
emissions from the state do not review. Once PM2.5 guidance is finalized Act (5 U.S.C. 601 et seq.). Because this
contribute significantly to downwind by EPA, KDHE commits to transitioning action approves pre-existing
nonattainment of the annual PM2.5 from use of the interim PM2.5 guidance requirements under state law and does
standard. to the final PM2.5 implementation not impose any additional enforceable
For 8-hour ozone, the state was guidance after approval of the PM2.5 SIP duty beyond that required by state law,
unable to rely on EPA CAIR modeling revision. The submittal is due in April it does not contain any unfunded
to determine the state’s impact on 2008. mandate or significantly or uniquely
projected 8-hour ozone nonattainment It should be noted that Kansas is affect small governments, as described
in downwind states. The EPA CAIR 8- currently designated attainment for both in the Unfunded Mandates Reform Act
hour ozone modeling domain did not the 8-hour ozone and PM2.5 National of 1995 (Pub. L. 104–4).
include the entire state. As a result, Ambient Air Quality Standards. This action also does not have tribal
impacts from the state were not At this time, it is not possible for implications because it will not have a
provided in the analyses. Therefore, the KDHE to accurately determine whether substantial direct effect on one or more
state has provided additional analyses, there is interference with measures in Indian tribes, on the relationship
as part of the technical demonstration, another state’s SIP designed to protect between the Federal Government and
to support a negative declaration that visibility, which is the fourth element Indian tribes, or on the distribution of
the state contributes significantly to that was addressed. Technical projects power and responsibilities between the
projected downwind 8-hour ozone relating to visibility degradation source- Federal Government and Indian tribes,
nonattainment in the year 2010. receptor relationships are under as specified by Executive Order 13175
The technical demonstration includes development. Kansas will be in a more (65 FR 67249, November 9, 2000). This
analyses on a number of EPA guidance advantageous position to address the action also does not have Federalism
elements. For example, the technical visibility projection requirements once implications because it does not have
demonstration includes a backtrajectory the initial regional haze SIP has been substantial direct effects on the States,
analysis to examine Kansas’ impacts on developed. KDHE intends to meet the on the relationship between the national
the nearest EPA projected 8-hour ozone December 17, 2007, submittal deadline government and the States, or on the
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nonattainment area for the year 2010. for the regional haze SIP. distribution of power and
CAIR modeling projects the ozone A public hearing with regard to this responsibilities among the various
nonattainment counties nearest to action was held by the state. No levels of government, as specified in
Kansas will be Kenosha and Ozaukee, comments were received. Executive Order 13132 (64 FR 43255,

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10610 Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations

August 10, 1999). This action merely The Congressional Review Act, 5 enforce its requirements. (See section
approves a state rule implementing a U.S.C. 801 et seq., as added by the Small 307(b)(2)).
Federal standard, and does not alter the Business Regulatory Enforcement
List of Subjects in 40 CFR Part 52
relationship or the distribution of power Fairness Act of 1996, generally provides
and responsibilities established in the that before a rule may take effect, the Environmental protection, Air
CAA. This action also is not subject to agency promulgating the rule must pollution control, Incorporation by
Executive Order 13045, ‘‘Protection of submit a rule report, which includes a reference, Intergovernmental relations,
Children from Environmental Health copy of the rule, to each House of the Nitrogen dioxide, Ozone, Particulate
Risks and Safety Risks’’ (62 FR 19885, Congress and to the Comptroller General matter, Reporting and recordkeeping
April 23, 1997), because it approves a of the United States. EPA will submit a requirements, Sulfur oxides, Volatile
state rule implementing a Federal report containing this rule and other organic compounds.
standard. required information to the U.S. Senate,
Dated: February 27, 2007.
In reviewing state submissions, EPA’s the U.S. House of Representatives, and
role is to approve state choices, the Comptroller General of the United John B. Askew,
provided that they meet the criteria of States prior to publication of the rule in Regional Administrator, Region 7.
the CAA. In this context, in the absence the Federal Register. A major rule ■ Chapter I, title 40 of the Code of
of a prior existing requirement for the cannot take effect until 60 days after it Federal Regulations is amended as
State to use voluntary consensus is published in the Federal Register. follows:
standards (VCS), EPA has no authority This action is not a ‘‘major rule’’ as
to disapprove a state submission for defined by 5 U.S.C. 804(2). PART 52—[AMENDED]
failure to use VCS. It would thus be Under section 307(b)(1) of the Clean
inconsistent with applicable law for Air Act, petitions for judicial review of ■ 1. The authority citation for part 52
EPA, when it reviews a state this action must be filed in the United continues to read as follows:
submission, to use VCS in place of a States Court of Appeals for the Authority: 42 U.S.C. 7401 et seq.
state submission that otherwise satisfies appropriate circuit by May 8, 2007.
the provisions of the CAA. Thus, the Filing a petition for reconsideration by Subpart Q—Kansas
requirements of section 12(d) of the the Administrator of this final rule does
National Technology Transfer and not affect the finality of this rule for the ■ 2. In § 52.870(e) the table is amended
Advancement Act of 1995 (15 U.S.C. purposes of judicial review nor does it by adding an entry in numerical order
272 note) do not apply. This action does extend the time within which a petition to read as follows:
not impose an information collection for judicial review may be filed, and
burden under the provisions of the shall not postpone the effectiveness of § 52.870 Identification of plan.
Paperwork Reduction Act of 1995 (44 such rule or action. This action may not * * * * *
U.S.C. 3501 et seq.). be challenged later in proceedings to (e) * * *


Applicable geographic State submittal
Name of nonregulatory SIP provision EPA approval date Explanation
or nonattainment area date

* * * * * * *
(30) CAA 110(a)(2)(D)(i) SIP—Inter- Statewide ................... 1/07/07 3/09/07 [insert FR page number
state Transport. where the document begins].

[FR Doc. E7–4304 Filed 3–8–07; 8:45 am] The revisions to this rule include OAR–2007–0083, by one of the
BILLING CODE 6560–50–P consolidating exemptions in the following methods:
applicability section, adding new 1. Follow
exemptions, adding definitions of new the on-line instructions for submitting
ENVIRONMENTAL PROTECTION and previously undefined terms, and comments.
AGENCY clarifying rule language regarding 2. E-mail:
operating procedure requirements for 3. Mail: Amy Algoe-Eakin,
40 CFR Part 52 spray gun cleaners and air-tight and Environmental Protection Agency, Air
[EPA–R07–OAR–2007–0083; FRL–8286–1] airless cleaning systems. This revision Planning and Development Branch, 901
will ensure consistency between the North 5th Street, Kansas City, Kansas
Approval and Promulgation of state and the Federally-approved rules. 66101.
Implementation Plans; State of 4. Hand Delivery or Courier. Deliver
Missouri DATES: This direct final rule will be
effective May 8, 2007, without further your comments to Amy Algoe-Eakin,
AGENCY: Environmental Protection notice, unless EPA receives adverse Environmental Protection Agency, Air
Agency (EPA). comment by April 9, 2007. If adverse Planning and Development Branch, 901
ACTION: Direct final rule. comment is received, EPA will publish North 5th Street, Kansas City, Kansas
a timely withdrawal of the direct final 66101.
SUMMARY: EPA is approving a State rule in the Federal Register informing Instructions: Direct your comments to
Implementation Plan (SIP) revision Docket ID No. EPA–R07–OAR–2007–
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the public that the rule will not take

submitted by the state of Missouri. EPA effect. 0083. EPA’s policy is that all comments
is approving a request to amend the received will be included in the public
Missouri SIP to include revisions to the ADDRESSES: Submit your comments, docket without change and may be
St. Louis Solvent Metal Cleaning rule. identified by Docket ID No. EPA–R07– made available online at http://

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