Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Administrative Procedures, 4674-4675 [E7-1620]

Download as PDF 4674 Federal Register / Vol. 72, No. 21 / Thursday, February 1, 2007 / Proposed Rules implementation plans for the Prevention of Significant Deterioration of Air Quality, as set forth at 40 CFR 51.166, and are approvable as part of the South Dakota SIP. rmajette on PROD1PC67 with PROPOSALS IV. What Action Is EPA Taking? We propose to partially approve revisions to Administrative Rules of South Dakota, Chapter 74:36:09 Prevention of Significant Deterioration into the South Dakota SIP. EPA is proposing to disapprove 74:36:09:02’s incorporation of 40 CFR 52.21(p)(2), and we are proposing disapproval of 74:36:09:02(1) to the extent that it defines ‘‘Administrator,’’ as used in 40 CFR 52.21(p)(2), to mean the Secretary of DENR. In all other respects, we are approving 74:36:09:02 and 74:36:09:02(1). V. 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 FR 28355, May 22, 2001). This proposed action merely proposes to partially approve and partially disapprove 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 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 (59 FR 22951, 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 VerDate Aug<31>2005 15:30 Jan 31, 2007 Jkt 211001 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 proposes to approve a state rule implementing a federal standard, 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 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (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. This proposed rule 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, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: January 23, 2007. Kerrigan G. Clough, Acting Regional Administrator, Region 8. [FR Doc. E7–1621 Filed 1–31–07; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 60 [EPA–R08–OAR–2005–UT–0007; FRL–8275– 3] Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Administrative Procedures Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Governor of Utah on August 15, 2001. This SIP submittal deletes Utah’s rules R307– 102–3, ‘‘Administrative Procedures and Hearings,’’ and R307–414–3, ‘‘Request for Review.’’ EPA is proposing to remove Utah’s rules R307–102–3 and R307–414–3 from Utah’s federally approved SIP, because these rules are not required to be in Utah’s SIP. This action is being taken under section 110 of the Clean Air Act. Furthermore, on August 25, 2006, the Governor of Utah submitted revisions to the New Source Performance Standards (NSPS) rules in Utah’s Air Conservation Regulations. We are proposing to approve updates to the NSPS ‘‘Delegation Status of New Source Performance Standards’’ table to indicate the State has been delegated the authority to implement and enforce NSPS and to add entries for newly delegated NSPS. In the ‘‘Rules and Regulations’’ section of this Federal Register, EPA is approving the State’s SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial SIP revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must 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. E:\FR\FM\01FEP1.SGM 01FEP1 Federal Register / Vol. 72, No. 21 / Thursday, February 1, 2007 / Proposed Rules Comments must be received on or before March 5, 2007. DATES: Submit your comments, identified by Docket ID Number EPA– R08–OAR–2005–UT–0007, by one of the following methods: • www.regulations.gov Follow the online instructions for submitting comments. • E-mail: ostrand.laurie@epa.gov and fiedler.kerri@epa.gov. • Fax: (303) 312–6064 (please alert the individual listed in the FOR FURTHER INFORMATION CONTACT if you are faxing comments). • Mail: Director, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P– AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129. • Hand Delivery: Director, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P–AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129. Such deliveries are only accepted Monday through Friday, 8 a.m. to 4:55 p.m., excluding Federal holidays. Special arrangements should be made for deliveries of boxed information. Please see the direct final rule which is located in the Rules Section of this Federal Register for detailed instruction on how to submit comments. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Kerri Fiedler, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P– AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129, phone (303) 312– 6493, and e-mail at: fiedler.kerri@epa.gov. See the information provided in the Direct Final action of the same title which is located in the Rules and Regulations Section of this Federal Register. SUPPLEMENTARY INFORMATION: Authority: 42 U.S.C. 7401 et seq. Dated: January 22, 2007. Robert E. Roberts, Regional Administrator, Region VIII. [FR Doc. E7–1620 Filed 1–31–07; 8:45 am] rmajette on PROD1PC67 with PROPOSALS BILLING CODE 6560–50–P VerDate Aug<31>2005 15:30 Jan 31, 2007 Jkt 211001 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 2, 4, 5, and 13 [FAR Case 2006–015; Docket 2006–0020; Sequence 15] RIN: 9000–AK68 Federal Acquisition Regulation; FAR Case 2006–015, Federal Computer Network (FACNET) Architecture AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to delete references to FACNET. DATES: Interested parties should submit written comments to the FAR Secretariat on or before April 2, 2007 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FAR case 2006–015 by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Search for any document by first selecting the proper document types and selecting ‘‘Federal Acquisition Regulation’’ as the agency of choice. At the ‘‘Keyword’’ prompt, type in the FAR case number (for example, FAR Case 2006–015) and click on the ‘‘Submit’’ button. Please include any personal and/or business information inside the document. You may also search for any document by clicking on the ‘‘Advanced search/ document search’’ tab at the top of the screen, selecting from the agency field ‘‘Federal Acquisition Regulation’’, and typing the FAR case number in the keyword field. Select the ‘‘Submit’’ button. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann Duarte, Washington, DC 20405. Instructions: Please submit comments only and cite FAR case 2006–015 in all correspondence related to this case. All comments received will be posted without change to https:// www.regulations.gov, including any PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 4675 personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT Mr. Ernest Woodson, Procurement Analyst, at (202) 501–3775 for clarification of content. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501–4755. Please cite FAR case 2006–015. SUPPLEMENTARY INFORMATION: A. Background In 1994, Congress enacted Pub. L. 103–355, the Federal Acquisition Streamlining Act of 1994 (FASA), which in Title IX called for the development of a Federal Acquisition Computer Network (FACNET) for automating the procurement process. FACNET was to be the preferred means for conducting Government purchases above the micropurchase limit and below the simplified acquisition threshold. The law set a goal: the Government was to utilize FACNET to purchase more than 75 percent of its goods and services within these dollar limits by 2000. However, in its 1997 report, Acquisition Reform: Obstacles to Implementing FACNET, GAO reviewed comments from agency electronic commerce managers about FACNET’s effectiveness, its ability to handle simple procurement transactions and its management and technical obstacles. As a result, GAO urged the Office of Management and Budget, General Services Administration, DOD and other leading Federal procurement shops to devise a new integrated electronic commerce strategy based on clearer functional requirements. In 1997, Congress enacted Pub. L. 105–85, the National Defense Authorization Act for Fiscal Year 1998, which removed the statutory goal and freed agencies to use other electronic contracting means, such as FedBizOpps. Because of implementing obstacles, the statutory changes addressed above, and an electronic business environment that has evolved since FACNET’s introduction, the FAR is being revised to remove FACNET references and provide the opportunity to recognize the evolution of alternative technologies, processes, etc. that Federal agencies are using and will use to satisfy their acquisition needs without removing the use of FACNET for Federal agencies that may use the system. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. E:\FR\FM\01FEP1.SGM 01FEP1

Agencies

[Federal Register Volume 72, Number 21 (Thursday, February 1, 2007)]
[Proposed Rules]
[Pages 4674-4675]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1620]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 60

[EPA-R08-OAR-2005-UT-0007; FRL-8275-3]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; Administrative Procedures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the Governor of Utah on August 15, 2001. This SIP 
submittal deletes Utah's rules R307-102-3, ``Administrative Procedures 
and Hearings,'' and R307-414-3, ``Request for Review.'' EPA is 
proposing to remove Utah's rules R307-102-3 and R307-414-3 from Utah's 
federally approved SIP, because these rules are not required to be in 
Utah's SIP. This action is being taken under section 110 of the Clean 
Air Act.
    Furthermore, on August 25, 2006, the Governor of Utah submitted 
revisions to the New Source Performance Standards (NSPS) rules in 
Utah's Air Conservation Regulations. We are proposing to approve 
updates to the NSPS ``Delegation Status of New Source Performance 
Standards'' table to indicate the State has been delegated the 
authority to implement and enforce NSPS and to add entries for newly 
delegated NSPS.
    In the ``Rules and Regulations'' section of this Federal Register, 
EPA is approving the State's SIP revision as a direct final rule 
without prior proposal because the Agency views this as a 
noncontroversial SIP revision and anticipates no adverse comments. A 
detailed rationale for the approval is set forth in the preamble to the 
direct final rule. If EPA receives no adverse comments, EPA will not 
take further action on this proposed rule. If EPA receives adverse 
comments, EPA will withdraw the direct final rule and it will not take 
effect. EPA will address all public comments in a subsequent final rule 
based on this proposed rule. EPA will not institute a second comment 
period on this action. Any parties interested in commenting must 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.

[[Page 4675]]


DATES: Comments must be received on or before March 5, 2007.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R08-OAR-2005-UT-0007, by one of the following methods:
     www.regulations.gov Follow the on-line instructions for 
submitting comments.
     E-mail: ostrand.laurie@epa.gov and fiedler.kerri@epa.gov.
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air and Radiation Program, Environmental 
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129.
     Hand Delivery: Director, Air and Radiation Program, 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only 
accepted Monday through Friday, 8 a.m. to 4:55 p.m., excluding Federal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Please see the direct final rule which is located in the Rules 
Section of this Federal Register for detailed instruction on how to 
submit comments.

FOR FURTHER INFORMATION CONTACT: Kerri Fiedler, Air and Radiation 
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, phone (303) 312-
6493, and e-mail at: fiedler.kerri@epa.gov.

SUPPLEMENTARY INFORMATION: See the information provided in the Direct 
Final action of the same title which is located in the Rules and 
Regulations Section of this Federal Register.

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

    Dated: January 22, 2007.
Robert E. Roberts,
Regional Administrator, Region VIII.
 [FR Doc. E7-1620 Filed 1-31-07; 8:45 am]
BILLING CODE 6560-50-P
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