36402 Federal Register / Vol. 72, No. 127 / Tuesday, July 3, 2007 / Proposed Rules 

revising and updating accessibility 

guidelines for telecommunications 

products and accessibility standards for 

electronic and information technology. 

The next committee meeting will take 

place on July 16–18, 2007. The meeting 

will focus on reports and discussion of 

recommendations from the following 

subcommittees: 

• Software, Web, and Content 

• General Interface Requirements and 

Functional Performance Criteria 

• Computer Hardware 

• Subpart A 

• Documentation and Technical 

Support 

• Telecommunications 

• Audio/Visual 

• Self Contained, Closed Products 

• Editorial Working Group 

The meeting will also discuss the 

status of the committee’s work to date 

and when a final report may be ready 

for presentation to the Access Board. 

The full agenda for the July 16–18, 2007 

meeting is available at http:// 

www.access-board.gov/sec508/refresh/ 

agenda.htm. Notices of future meetings 

will be published in the Federal 

Register. 

Information about the committee, 

including future meeting dates is 

available at http://www.accessboard.gov/sec508/update-index.htm or 

at a special Web site created for the 

committee’s work (http://teitac.org). The 

site includes a calendar for 

subcommittee meetings, e-mail 

distribution lists, and a ‘‘Wiki’’ (http:// 

teitac.org/wiki/TEITAC_Wiki) which 

provides interactive online work space. 

Committee meetings are open to the 

public and interested persons can attend 

the meetings and communicate their 

views. Members of the public will have 

opportunities to address the committee 

on issues of interest to them and the 

committee during public comment 

periods scheduled on each day of the 

meeting. Members of groups or 

individuals who are not members of the 

committee are invited to participate on 

subcommittees; participation of this 

kind is very valuable to the advisory 

committee process. 

The meeting site is accessible to 

individuals with disabilities. Sign 

language interpreters, an assistive 

listening system, and real-time 

captioning will be provided. For the 

comfort of other participants, persons 

attending committee meetings are 

requested to refrain from using perfume, 

cologne, and other fragrances. Due to 

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 July 11, 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. 

Lawrence W. Roffee, 

Executive Director. 

[FR Doc. E7–12811 Filed 7–2–07; 8:45 am] 

BILLING CODE 8150–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2007–0451; FRL–8333–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Control of VOC Emissions 

from Crude Oil Lightering Operations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the State of 

Delaware. This SIP revision pertains to 

the control of volatile organic 

compound (VOC) emissions from crude 

oil lightering operations. This action is 

being taken under the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before August 2, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA–

R03–OAR–2007–0451 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: 

cripps.christopher@epa.gov. 

C. Mail: EPA–R03–OAR–2007–0451, 

Christopher Cripps, 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–2007–

0451. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

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 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 Delaware Department of 

Natural Resources & Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19901. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by e-mail at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 2, 2007, the Delaware 

Department of Natural Resources and 

Environmental Control (DNREC) 

submitted a revision to its SIP for 

Regulation No. 1124, Section 46—

Control of VOC Emissions from Crude 

Oil Lightering Operations. Lightering is 

the transfer at anchorage for some of the 


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Federal Register / Vol. 72, No. 127 / Tuesday, July 3, 2007 / Proposed Rules 36403 

contents of a larger oil tanker to a 

smaller service vessel in order to allow 

the larger ship to navigate in shallower 

waters along the Delaware Bay. The 

VOC emissions released during crude 

oil lightering are a major source of VOC 

released in Delaware. 

II. Summary of SIP Revision 

Delaware’s Regulation No. 1124, 

Section 46, applies to the owner or 

operator of a lightering service that 

carries out crude oil lightering 

operations in the waters of Delaware 

which includes the Counties of New 

Castle, Kent and Sussex. This regulation 

includes standards when carrying out a 

lightering operation by vapor balancing. 

Vapor balancing is the collection and 

transfer of vapors displaced by the 

incoming crude oil from the cargo tank 

of a service vessel into a cargo tank of 

the ship to be lightered. A compliance 

schedule is also included in the 

regulation that includes compliance 

standards; maximum allowable 

uncontrolled lightering volume; 

calculation of the total of uncontrolled 

lightering for any given lightering 

operation; VOC emission reductions 

achieved by the lightering services to 

below the maximum allowable 

uncontrolled lightering volume; annual 

audits of lightering service records to 

identify the frequency and duration of 

VOC ventings from the ships to be 

lightered; and ozone action day 

limitations. In addition, a compliance 

plan will be developed and 

implemented that describes how initial 

and ongoing compliance will be 

demonstrated. Another requirement of 

the regulation is that owner or operator 

of an existing lightering service is to 

keep records specified in the regulation 

for at least five years in a readily 

accessible location, which is the service 

vessel. The regulation also includes 

reporting requirements. 

Implementation of the provisions of 

this regulation will result in the 

reduction of VOCs released during 

crude oil lightering operations. The 

regulation requires the increased use of 

vapor balancing equipment over a 

reasonable time period that the industry 

has indicated to allow the changes to be 

made to the vessels or acquire newer 

vessels. The first regulatory deadline 

will be an 80 percent limit to 

uncontrolled lightering out of all crude 

oil lightering volumes by May 1, 2008. 

This level will reduce to 61 percent by 

May 1, 2010, and again be reduced to 43 

percent by May 1, 2012. 

III. Proposed Action 

EPA is proposing to approve the 

Delaware SIP revision for Regulation 

No. 1124, Section 46-Control of VOC 

Emissions from Crude Oil Lightering 

Operations submitted on May 2, 2007. 

This regulation will reduce VOC 

emissions released during crude oil 

lightering operations in the State of 

Delaware. These reductions will aide in 

attaining and maintaining the Federal 

health-based air quality standard for the 

8-hour ozone. EPA is soliciting public 

comments on the issues discussed in 

this document. These comments will be 

considered before taking final action. 

IV. 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 proposed rule also 

does not have a substantial direct effect 

on one or more Indian tribes, on the 

relationship between 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 requirement, 

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, pertaining to 

Delaware’s control of VOC emissions 

from crude oil lightering operations, 

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, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: June 22, 2007. 

Donald S. Welsh, 

Regional Administrator, Region III. 

[FR Doc. 07–3227 Filed 7–2–07; 8:45 am] 

BILLING CODE 6560–50–M 


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