10608 Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 228 

RIN 0596–AC20 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3160 

[W0–610–411H12–24 1A] 

RIN 1004–AD59 

Onshore Oil and Gas Operations; 

Federal and Indian Oil and Gas Leases; 

Onshore Oil and Gas Order Number 1, 

Approval of Operations; Correction 

AGENCIES: U.S. Forest Service, 

Agriculture; Bureau of Land 

Management, Interior. 

ACTION: Joint final rule; correction. 

SUMMARY: On March 7, 2007, the Forest 

Service and the Bureau of Land 

Management jointly published a final 

rule (72 FR 10308). The dates heading 

on page 10308 incorrectly set out the 

effective date as April 6, 2007. The 

correct effective date of the final rule is 

May 7, 2007, consistent with the chart 

on page 10328. 

DATES: The effective date of the final 

rule published March 7, 2007 (72 FR 

10308) is corrected to May 7, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Odom, Bureau of Land 

Management, at (202) 452–5028. 

Tony Ferguson, 

Assistant Director, Minerals and Geology 

Management, United States Forest Service. 

Ray Brady, 

Acting Assistant Director, Minerals, Realty 

and Resource Protection, Bureau of Land 

Management. 

[FR Doc. 07–1150 Filed 3–8–07; 8:45 am] 

BILLING CODE 3410–11–P; 4310–84–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2007–0141; FRL–8286–3] 

Approval and Promulgation of 

Implementation Plans; Kansas; 

Interstate Transport of Pollution 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is revising the Kansas 

State Implementation Plan (SIP) for the 

purpose of approving the Kansas 

Department of Health and 

Environment’s (KDHE) actions to 

address the ‘‘good neighbor’’ provisions 

of the Clean Air Act Section 

110(a)(2)(D)(i). These provisions require 

each state to submit a SIP that prohibits 

emissions that adversely affect another 

state’s air quality through interstate 

transport. KDHE has adequately 

addressed the four distinct elements 

related to the impact of interstate 

transport of air pollutants. These 

include prohibiting significant 

contribution to downwind 

nonattainment of the National Ambient 

Air Quality Standards (NAAQS), 

interference with maintenance of the 

NAAQS, interference with plans in 

another state to prevent significant 

deterioration of air quality, and efforts 

of other states to protect visibility. The 

requirements for public notification 

were also met by KDHE. 

DATES: This direct final rule will be 

effective May 8, 2007, without further 

notice, unless EPA receives adverse 

comment by April 9, 2007. If adverse 

comment is received, EPA will publish 

a timely withdrawal of the direct final 

rule in the Federal Register informing 

the public that the rule will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07–

OAR–2007–0141, by one of the 

following methods: 

1. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: jay.michael@epa.gov. 

3. Mail: Michael Jay, Environmental 

Protection Agency, Air Planning and 

Development Branch, 901 North 5th 

Street, Kansas City, Kansas 66101. 

4. Hand Delivery or Courier. Deliver 

your comments to Michael Jay, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2007–

0141. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 through http:// 

www.regulations.gov or e-mail 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov website 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 http:// 

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 http:// 

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 http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

901 North 5th Street, Kansas City, 

Kansas 66101. The Regional Office’s 

official hours of business are Monday 

through Friday, 8 to 4:30 excluding 

Federal holidays. The interested persons 

wanting to examine these documents 

should make an appointment with the 

office at least 24 hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Michael Jay at (913) 551–7460, or by email at jay.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This section provides additional 

information by addressing the following 

questions: 

What is being addressed in this document? 

What action is EPA taking? 

What is being addressed in this 

document? 

EPA is revising the SIP for the 

purpose of approving the KDHE’s 

actions to address the requirements of 

the Clean Air Act (CAA) section 

110(a)(2)(D)(i). This CAA section 

requires each state to submit a SIP that 


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prohibits emissions that could adversely 

affect another state. The SIP must 

prevent sources in the state from 

emitting pollutants in amounts which 

will: (1) Contribute significantly to 

downwind nonattainment of the 

NAAQS, (2) interfere with maintenance 

of the NAAQS, (3) interfere with 

provisions to prevent significant 

deterioration of air quality, and (4) 

interfere with efforts to protect 

visibility. 

EPA issued guidance on August 15, 

2006, relating to SIP submissions to 

meet the requirements of section 

110(a)(2)(D)(i). As discussed below, 

Kansas’ analysis of its SIP with respect 

to the statutory requirements is 

consistent with the guidance. 

The KDHE has addressed the first two 

of these elements by submitting a 

technical demonstration supporting the 

conclusion that emissions from Kansas 

do not significantly contribute to 

downwind nonattainment or interfere 

with maintenance of the NAAQS in 

another state. For PM2.5, the state has 

relied upon existing EPA Clean Air 

Interstate Rule (CAIR) modeling that 

determined impacts from the state do 

not meet or exceed the 0.2 μg/m3

average annual threshold that EPA 

established to determine significant 

impact on another state in the projection 

year 2010. The state indicated that in 

EPA’s CAIR modeling, Kansas’

maximum downwind contribution to 

average annual nonattainment was 0.11 

μg/m3 (70 FR 25247). The state has 

relied on this result to demonstrate that 

emissions from the state do not 

contribute significantly to downwind 

nonattainment of the annual PM2.5

standard. 

For 8-hour ozone, the state was 

unable to rely on EPA CAIR modeling 

to determine the state’s impact on 

projected 8-hour ozone nonattainment 

in downwind states. The EPA CAIR 8- 

hour ozone modeling domain did not 

include the entire state. As a result, 

impacts from the state were not 

provided in the analyses. Therefore, the 

state has provided additional analyses, 

as part of the technical demonstration, 

to support a negative declaration that 

the state contributes significantly to 

projected downwind 8-hour ozone 

nonattainment in the year 2010. 

The technical demonstration includes 

analyses on a number of EPA guidance 

elements. For example, the technical 

demonstration includes a backtrajectory 

analysis to examine Kansas’ impacts on 

the nearest EPA projected 8-hour ozone 

nonattainment area for the year 2010. 

CAIR modeling projects the ozone 

nonattainment counties nearest to 

Kansas will be Kenosha and Ozaukee, 

Wisconsin. The backtrajectory analysis 

revealed that relatively few air masses 

pass over Kansas prior to arriving to 

these counties during high ozone days, 

thus demonstrating that emissions from 

Kansas have a minimal contribution to 

the 8-hour ozone nonattainment of the 

two counties. Additionally, the state has 

emphasized that St. Louis, Missouri, the 

nearest current nonattainment area, is 

projected by EPA to be in attainment of 

the 8-hour ozone standard in the year 

2010. Based on this and other 

information provided by the state in the 

technical demonstration, EPA believes 

the state has sufficiently demonstrated 

that emissions from the state do not 

significantly contribute to downwind 

nonattainment or interfere with 

maintenance of the NAAQS. Additional 

supporting information can be found in 

the state’s technical demonstration 

included in the docket. 

The third element KDHE addressed 

was prevention of significant 

deterioration (PSD). For 8-hour ozone, 

the state has met the obligation by 

confirming that major sources in the 

state are currently subject to PSD 

programs that implement the 8-hour 

ozone standard and that the state is on 

track to meet the June 15, 2007, 

deadline for SIP submissions adopting 

any relevant requirements of the Phase 

II ozone implementation rule. For PM2.5, 

the state has confirmed that the state’s 

PSD program is being implemented in 

accordance with EPA’s interim guidance 

calling for the use of PM10 as a surrogate 

for PM2.5 for the purposes of PSD 

review. Once PM2.5 guidance is finalized 

by EPA, KDHE commits to transitioning 

from use of the interim PM2.5 guidance 

to the final PM2.5 implementation 

guidance after approval of the PM2.5 SIP 

revision. The submittal is due in April 

2008. 

It should be noted that Kansas is 

currently designated attainment for both 

the 8-hour ozone and PM2.5 National 

Ambient Air Quality Standards. 

At this time, it is not possible for 

KDHE to accurately determine whether 

there is interference with measures in 

another state’s SIP designed to protect 

visibility, which is the fourth element 

that was addressed. Technical projects 

relating to visibility degradation sourcereceptor relationships are under 

development. Kansas will be in a more 

advantageous position to address the 

visibility projection requirements once 

the initial regional haze SIP has been 

developed. KDHE intends to meet the 

December 17, 2007, submittal deadline 

for the regional haze SIP. 

A public hearing with regard to this 

action was held by the state. No 

comments were received. 

With this action, the non-regulatory 

text in 40 CFR 52.870(e) is revised to 

reflect that KDHE addressed the 

elements of the CAA section 

110(a)(2)(D)(i) submittal. 

What action is EPA taking? 

EPA is approving this revision 

submitted by Kansas and is revising 40 

CFR 52.870 to reflect that the KDHE has 

adequately addressed the required 

elements of the CAA section 

110(a)(2)(D)(i) SIP. Please note that if 

EPA receives adverse comments on part 

of this rule, and if that part can be 

severed from the remainder of the rule, 

EPA may adopt as final those parts of 

the rule that are not the subject of an 

adverse comment. 

Statutory and Executive Order Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this 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 approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this action 

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 

action approves 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 action 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 

(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, 


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

August 10, 1999). This action merely 

approves 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 action 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 state 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 state submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a state 

submission, to use VCS in place of a 

state 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 action does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 8, 2007. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 27, 2007. 

John B. Askew, 

Regional Administrator, Region 7. 

■ Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart Q—Kansas 

■ 2. In § 52.870(e) the table is amended 

by adding an entry in numerical order 

to read as follows: 

§ 52.870 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED KANSAS NONREGULATORY PROVISIONS

Name of nonregulatory SIP provision Applicable geographic 

or nonattainment area 

State submittal 

date EPA approval date Explanation 

* * * * * * * 

(30) CAA 110(a)(2)(D)(i) SIP—Interstate Transport.Statewide ................... 1/07/07 3/09/07 [insert FR page number 

where the document begins].

[FR Doc. E7–4304 Filed 3–8–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2007–0083; FRL–8286–1] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the state of Missouri. EPA 

is approving a request to amend the 

Missouri SIP to include revisions to the 

St. Louis Solvent Metal Cleaning rule. 

The revisions to this rule include 

consolidating exemptions in the 

applicability section, adding new 

exemptions, adding definitions of new 

and previously undefined terms, and 

clarifying rule language regarding 

operating procedure requirements for 

spray gun cleaners and air-tight and 

airless cleaning systems. This revision 

will ensure consistency between the 

state and the Federally-approved rules. 

DATES: This direct final rule will be 

effective May 8, 2007, without further 

notice, unless EPA receives adverse 

comment by April 9, 2007. If adverse 

comment is received, EPA will publish 

a timely withdrawal of the direct final 

rule in the Federal Register informing 

the public that the rule will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07–

OAR–2007–0083, by one of the 

following methods: 

1. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: algoe-eakin.amy@epa.gov. 

3. Mail: Amy Algoe-Eakin, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

4. Hand Delivery or Courier. Deliver 

your comments to Amy Algoe-Eakin, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2007–

0083. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 


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