State Operating Permit Programs; West Virginia; Amendments to the Definition of “a Major Source” and “Volatile Organic Compound”, 8332-8333 [07-846]

Download as PDF 8332 Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Proposed Rules 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). 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 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 CAA. 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 approves a State rule implementing a Federal Standard. In reviewing SIP submissions, EPA’s role is to approve State choices, provided that they meet the criteria of the CAA. 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 CAA. 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.). hsrobinson on PROD1PC76 with PROPOSALS List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: February 14, 2007. John B. Askew, Regional Administrator, Region 7. [FR Doc. E7–3204 Filed 2–23–07; 8:45 am] BILLING CODE 6560–50–P VerDate Aug<31>2005 16:00 Feb 23, 2007 Jkt 211001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 70 [EPA–R03–OAR–2006–0625; FRL–8280–9] State Operating Permit Programs; West Virginia; Amendments to the Definition of ‘‘a Major Source’’ and ‘‘Volatile Organic Compound’’ Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA proposes to approve an amendment to the State of West Virginia’s operating permit program to correct the definition of ‘‘a major source’’ and ‘‘volatile organic compound.’’ West Virginia’s revision was submitted in response to the Clean Air Act (CAA) Amendments of 1990 that required States to submit to EPA program revisions in accordance with the Federal Title V regulations. The EPA granted final approval of West Virginia’s operating permit program on November 23, 2001. West Virginia amended its operating permit program to address the Federal EPA amendment to the Federal Title V regulations, which went into effect on November 27, 2001. In the Final Rules section of this Federal Register, EPA is approving the State’s amendment to its operating permit program 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. The EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. DATES: Comments must be received in writing by March 28, 2007. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2006–0625 by one of the following methods: A. https://www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: campbell.dave@epa.gov. C. Mail: EPA–R03–OAR–2006–0625, David Campbell, Chief, Permits and Technical Assessment Branch, Mailcode 3AP11, U.S. Environmental Protection PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2006– 0625. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available on-line at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or e-mail. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the West Virginia Department of Environmental Protection E:\FR\FM\26FEP1.SGM 26FEP1 Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Proposed Rules (WVDEP), Division of Air Quality, 601 57th Street SE, Charleston, West Virginia 25304. FOR FURTHER INFORMATION CONTACT: Rosemarie Nino, (215) 814–3377, or by e-mail at nino.rose@epa.gov. SUPPLEMENTARY INFORMATION: For further information, please see the information provided in the direct final action, with the same title, that is located in the ‘‘Rules and Regulations’’ section of this Federal Register publication. Dated: February 16, 2007. Donald S. Welsh, Regional Administrator, Region III. [FR Doc. 07–846 Filed 2–23–07; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 070215036–7036–01; I.D. 012307A] RIN 0648–AU79 International Fisheries; Pacific Tuna Fisheries; Restrictions for 2007 Purse Seine and Longline Fisheries in the Eastern Tropical Pacific Ocean National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Proposed rule; request for comments. hsrobinson on PROD1PC76 with PROPOSALS AGENCY: SUMMARY: NMFS proposes management measures to reduce overfishing of the eastern tropical Pacific Ocean (ETP) tuna stocks in 2007, consistent with recommendations by the Inter-American Tropical Tuna Commission (IATTC) that have been approved by the Department of State (DOS) under the Tuna Conventions Act. The purse seine fishery for tuna in the Convention Area would be closed for a 6–week period either beginning August 1, 2007, through September 11, 2007, or November 20, 2007, through December 31, 2007. This proposed rule would also close the U.S. longline fishery in the Convention Area in 2007 once the catch of bigeye tuna harvested with longline gear in the Convention Area reaches 500 metric tons (mt). This action is taken to limit fishing mortality caused by purse seine fishing and longline fishing in the Convention Area and contribute to longterm conservation of the tuna stocks at levels that support healthy fisheries. VerDate Aug<31>2005 16:00 Feb 23, 2007 Jkt 211001 Comments must be received by March 28, 2007. ADDRESSES: Comments on the proposed rule or the initial regulatory flexibility analysis (IRFA) should be sent to Rodney R. McInnis, Regional Administrator, Southwest Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802 or by email to the Southwest Region at 0648– AU79@noaa.gov. Comments may also be submitted by email through the Federal e-Rulemaking portal: https:// www.regulations.gov. Include in the subject line of the e-mail comment the following document identifier: 0648– AU79. Comments also may be submitted by fax to (562) 980–4047. Copies of the initial regulatory impact review/IRFA may be obtained from the Southwest Regional Administrator, Southwest Region, NMFS, 501 W. Ocean Blvd., Long Beach, CA 90902–4213. FOR FURTHER INFORMATION CONTACT: J. Allison Routt, Sustainable Fisheries Division, Southwest Region, NMFS, (562) 980–4030. SUPPLEMENTARY INFORMATION: DATES: Electronic Access This proposed rule is also accessible via the Internet at the Office of the Federal Register’s website at https:// www.gpoaccess.gov/fr/. The United States is a member of the IATTC, which was established under the Convention for the Establishment of an Inter-American Tropical Tuna Commission signed in 1949 (Convention). The IATTC was established to provide an international arrangement to ensure the effective international conservation and management of highly migratory species of fish in the Convention Area. For the purposes of this closure, the Convention Area is defined to include the waters bounded by the coast of the Americas, the 40° N. and 40° S. parallels, and the 150° W. meridian. The IATTC has maintained a scientific research and fishery monitoring program for many years and annually assesses the status of stocks of tuna and the fisheries to determine appropriate harvest limits or other measures to prevent overexploitation of the stocks and promote viable fisheries. Under the Tuna Conventions Act, 16 U.S.C. 951–961 and 971 et seq., NMFS must publish proposed rules to carry out IATTC recommendations that have been approved by DOS. The Southwest Regional Administrator also is required by 50 CFR 300.25(b)(3) to issue a direct notice to the owners or agents of all U.S. purse seine vessels that operate in the ETP of fishery management actions PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 8333 applicable to them that have been recommended by the IATTC and approved by the DOS. In June 2006, the IATTC adopted a Resolution for a Program on the Conservation of Tuna in the Eastern Pacific Ocean for 2007. The June 2006 resolution is a 1–year program on the conservation of tuna in the eastern Pacific Ocean for 2007. This resolution offers a choice for closing the purse seine fishery: either a 6–week closure beginning August 1, 2007, or a 6–week closure beginning November 20, 2007. The resolution of June 2006 incorporated flexibility for nations to administer the purse seine closure in accordance with national legislation and national sovereignty. The selected measure should reduce overfishing in a manner that is fair, equitable, and readily enforceable. NMFS will select one of the two closure periods after consideration of public comment. The June 2006 resolution also calls upon each Party and cooperating nonParty to ensure that each nation’s longline catch of bigeye tuna in the ETP during 2007 will not exceed the catch level of 2001 or 500 mt, whichever is higher. The U.S. catch level of longline caught bigeye tuna for 2001 was estimated to be 150 mt in the Convention Area. Therefore, under this rule, the U.S. quota for longline caught bigeye in the Convention Area would be 500 mt for 2007. In 2006, the U.S. catch level of longline-caught bigeye tuna in the Convention Area of 150 mt was reached. On July 6, 2006, NMFS closed the U.S. longline fishery for bigeye tuna in the Convention Area for the remainder of 2006. The IATTC adopted the June 2006 resolution after considering a variety of measures, including the use of quotas and closures (as in 1999 through 2002), a full-month purse seine closure (used in 2003), and a 6–week purse seine closure as used in 2004, 2005, and 2006. The proposed 2007 time/area closure is based on 2005 assessments of the condition of the tuna stocks in the ETP and historic catch and effort data for different portions of the ETP, as well as records relating to implementation of quotas and closures in prior years. The closure targets the Convention Area and is believed to be sufficient to reduce the risk of overfishing of the tuna stocks, especially when considered in combination with the 6–week closures implemented in 2004, 2005, and 2006. The combined multi-annual, multilateral restrictions should increase the protections from overfishing of the tuna stocks in the Convention Area. In an international fishery the best E:\FR\FM\26FEP1.SGM 26FEP1

Agencies

[Federal Register Volume 72, Number 37 (Monday, February 26, 2007)]
[Proposed Rules]
[Pages 8332-8333]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-846]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[EPA-R03-OAR-2006-0625; FRL-8280-9]


State Operating Permit Programs; West Virginia; Amendments to the 
Definition of ``a Major Source'' and ``Volatile Organic Compound''

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA proposes to approve an amendment to the State of West 
Virginia's operating permit program to correct the definition of ``a 
major source'' and ``volatile organic compound.'' West Virginia's 
revision was submitted in response to the Clean Air Act (CAA) 
Amendments of 1990 that required States to submit to EPA program 
revisions in accordance with the Federal Title V regulations. The EPA 
granted final approval of West Virginia's operating permit program on 
November 23, 2001. West Virginia amended its operating permit program 
to address the Federal EPA amendment to the Federal Title V 
regulations, which went into effect on November 27, 2001. In the Final 
Rules section of this Federal Register, EPA is approving the State's 
amendment to its operating permit program 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. The EPA will not institute a second comment period. Any 
parties interested in commenting on this action should do so at this 
time.

DATES: Comments must be received in writing by March 28, 2007.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2006-0625 by one of the following methods:
    A. https://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: campbell.dave@epa.gov.
    C. Mail: EPA-R03-OAR-2006-0625, David Campbell, Chief, Permits and 
Technical Assessment Branch, Mailcode 3AP11, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2006-0625. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available on-line 
at https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or e-mail. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
www.regulations.gov, your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in https://
www.regulations.gov or in hard copy during normal business hours at the 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the 
State submittal are available at the West Virginia Department of 
Environmental Protection

[[Page 8333]]

(WVDEP), Division of Air Quality, 601 57th Street SE, Charleston, West 
Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Rosemarie Nino, (215) 814-3377, or by 
e-mail at nino.rose@epa.gov.

SUPPLEMENTARY INFORMATION: For further information, please see the 
information provided in the direct final action, with the same title, 
that is located in the ``Rules and Regulations'' section of this 
Federal Register publication.

    Dated: February 16, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 07-846 Filed 2-23-07; 8:45 am]
BILLING CODE 6560-50-P
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