Approval and Promulgation of Air Quality Implementation Plans; Virginia; Redesignation of the Richmond-Petersburg 8-Hour Ozone Nonattainment Area to Attainment and Approval of the Associated Maintenance Plan and 2002 Base-Year Inventory, 26581-26582 [E7-9010]

Download as PDF Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Proposed Rules security measures at the National Science Foundation, all attendees must notify the Access Board’s receptionist at 202–272–0007 or receptionist@accessboard.gov by May 18, 2007 of their intent to attend the meeting. This notification is required for expeditious entry into the facility and will enable the Access Board to provide additional information as needed. Lisa Fairhall, Deputy General Counsel. [FR Doc. E7–8952 Filed 5–9–07; 8:45 am] BILLING CODE 8150–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R03–OAR–2006–0917; FRL–8312–2] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Redesignation of the RichmondPetersburg 8-Hour Ozone Nonattainment Area to Attainment and Approval of the Associated Maintenance Plan and 2002 Base-Year Inventory Environmental Protection Agency (EPA). ACTION: Notice of proposed rulemaking, correction. AGENCY: SUMMARY: This document corrects and clarifies an error in the preamble language of the Richmond-Petersburg 8hour ozone nonattainment area redesignation request and approval of the associated maintenance plan and 2002 base-year inventory. DATES: Written comments must be received on or before May 14, 2007. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2006–0917 by one of the following methods: A. https://www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: miller.linda@epa.gov. C. Mail: EPA–R03–OAR–2006–0917, Linda Miller, Acting Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection 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– 0917. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online 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 26581 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 Virginia Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219. FOR FURTHER INFORMATION CONTACT: Amy Caprio, 215–814–2156, or by e-mail at caprio.amy@epa.gov. On April 12, 2007, (72 FR 18434), EPA published a notice of proposed rulemaking announcing the approval and promulgation of Virginia’s redesignation of the Richmond-Petersburg 8-hour ozone nonattainment area to attainment and approval of the associated maintenance plan and 2002 base-year inventory. In the preamble of this document, EPA inadvertently printed the incorrect data in Table 5 (titled: Total NOX Emissions for 2005–2018 (tpd)). This action corrects Table 5 in the notice of proposed rulemaking, so that it reflects the correct NOX emissions for the Richmond-Petersburg Area for 2005–2018. SUPPLEMENTARY INFORMATION: Correction In rule document E7–7018, on page 18442, Table 5 is corrected to read as follows: TABLE 5.—TOTAL NOX EMISSIONS FOR 2005–2018 (TPD) 2005 NOX emissions Source category 2011 NOX emissions 2018 NOX emissions ycherry on PROD1PC64 with PROPOSALS Point ............................................................................................................................................. Area 1 ........................................................................................................................................... Mobile 2 ........................................................................................................................................ Non-road ...................................................................................................................................... 77.281 26.501 67.155 16.862 84.296 27.417 43.661 13.118 90.521 28.169 26.827 8.641 Total ...................................................................................................................................... 187.799 168.492 154.158 1 Includes 2 Includes selected local controls (open burning). transportation provisions. VerDate Aug<31>2005 17:35 May 09, 2007 Jkt 211001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\10MYP1.SGM 10MYP1 ycherry on PROD1PC64 with PROPOSALS 26582 Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Proposed Rules 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 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 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 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 (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 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 VerDate Aug<31>2005 17:35 May 09, 2007 Jkt 211001 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 does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Under the Administrative Procedure Act or any other statute, it is not subject to the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Dated: May 4, 2007. James W. Newsom, Acting Regional Administrator, Region III. [FR Doc. E7–9010 Filed 5–9–07; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 122 and 412 [EPA–HQ–OW–2005–0036; FRL–8311–4] RIN 2040–AE92 Proposed Revised Compliance Dates Under the National Pollutant Discharge Elimination System Permit Regulations and Effluent Limitations Guidelines and Standards for Concentrated Animal Feeding Operations Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA proposes to extend certain compliance dates in the National Pollutant Discharge Elimination System (NPDES) permitting requirements and Effluent Limitations Guidelines and Standards (ELGs) for concentrated animal feeding operations (CAFOs) while EPA works to complete rulemaking to respond to the decision of the Second Circuit Court of Appeals in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486 (2nd Cir. 2005). The sole purpose of this proposed rule is to PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 address timing issues associated with the Agency’s response to the Waterkeeper decision. This proposal would revise the dates established in the 2003 CAFO rule and later modified by a rule published in the Federal Register on February 10, 2006, by which facilities newly defined as CAFOs are required to seek permit coverage and by which all permitted CAFOs are required to develop and implement their nutrient management plans (NMPs). EPA is proposing to extend the date by which operations defined as CAFOs as of April 14, 2003, that were not defined as CAFOs prior to that date, must seek NPDES permit coverage, from July 31, 2007, to February 27, 2009. EPA is also proposing to amend the date by which operations that become defined as CAFOs after April 14, 2003, due to operational changes that would not have made them a CAFO prior to April 14, 2003, and that are not new sources, must seek NPDES permit coverage, from July 31, 2007, to February 27, 2009. Finally, EPA is proposing to extend the deadline by which permitted CAFOs are required to develop and implement NMPs, from July 31, 2007, to February 27, 2009. DATES: Comments on this proposed action must be received on or before June 11, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OW–2005–0036 by one of the following methods (1) www.regulations.gov: Follow the on-line instructions for submitting comments. (2) E-mail: ow-docket@epa.gov, Attention Docket ID No. EPA–HQ–OW– 2005–0036. (3) Mail: Send the original and three copies of your comments to: Water Docket, Environmental Protection Agency, Mail code 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID No. OW– 2005–0036. (4) Hand Delivery: Deliver your comments to: EPA Docket Center, EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC, Attention Docket ID No. OW–2005– 0036. 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–HQ–OW–2005– 0036. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at E:\FR\FM\10MYP1.SGM 10MYP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 72, Number 90 (Thursday, May 10, 2007)]
[Proposed Rules]
[Pages 26581-26582]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9010]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2006-0917; FRL-8312-2]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Redesignation of the Richmond-Petersburg 8-Hour Ozone
Nonattainment Area to Attainment and Approval of the Associated
Maintenance Plan and 2002 Base-Year Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking, correction.

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

SUMMARY: This document corrects and clarifies an error in the preamble
language of the Richmond-Petersburg 8-hour ozone nonattainment area
redesignation request and approval of the associated maintenance plan
and 2002 base-year inventory.

DATES: Written comments must be received on or before May 14, 2007.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2006-0917 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: miller.linda@epa.gov.
C. Mail: EPA-R03-OAR-2006-0917, Linda Miller, Acting Chief, Air
Quality Planning Branch, Mailcode 3AP21, 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-
2006-0917. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
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 Virginia Department of
Environmental Quality, 629 East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Amy Caprio, 215-814-2156, or by e-mail
at caprio.amy@epa.gov.

SUPPLEMENTARY INFORMATION: On April 12, 2007, (72 FR 18434), EPA
published a notice of proposed rulemaking announcing the approval and
promulgation of Virginia's redesignation of the Richmond-Petersburg 8-
hour ozone nonattainment area to attainment and approval of the
associated maintenance plan and 2002 base-year inventory. In the
preamble of this document, EPA inadvertently printed the incorrect data
in Table 5 (titled: Total NOX Emissions for 2005-2018
(tpd)). This action corrects Table 5 in the notice of proposed
rulemaking, so that it reflects the correct NOX emissions
for the Richmond-Petersburg Area for 2005-2018.

Correction

In rule document E7-7018, on page 18442, Table 5 is corrected to
read as follows:

Table 5.--Total NOX Emissions for 2005-2018 (tpd)
----------------------------------------------------------------------------------------------------------------
2005 NOX 2011 NOX 2018 NOX
Source category emissions emissions emissions
----------------------------------------------------------------------------------------------------------------
Point........................................................... 77.281 84.296 90.521
Area \1\........................................................ 26.501 27.417 28.169
Mobile \2\...................................................... 67.155 43.661 26.827
Non-road........................................................ 16.862 13.118 8.641
-----------------------------------------------
Total....................................................... 187.799 168.492 154.158
----------------------------------------------------------------------------------------------------------------
\1\ Includes selected local controls (open burning).
\2\ Includes transportation provisions.

[[Page 26582]]

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 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 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 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 (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 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 does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Under the
Administrative Procedure Act or any other statute, it is not subject to
the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.).

Dated: May 4, 2007.
James W. Newsom,
Acting Regional Administrator, Region III.
[FR Doc. E7-9010 Filed 5-9-07; 8:45 am]
BILLING CODE 6560-50-P

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