Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules 10453 

in paragraph (a)(1)(x) of this section for 

the regulated NSR pollutant. 

* * * * * 

3. Section 51.166 is amended by 

revising paragraph (r)(6) introductory 

text and adding paragraph (r)(6)(vi) to 

read as follows: 

§ 51.166 Prevention of significant 

deterioration of air quality. 

(r) * * * 

(6) Each plan shall provide that the 

following specific provisions apply on a 

pollutant-by-pollutant basis with 

respect to any regulated NSR pollutant 

associated with projects at existing 

emissions units at a major stationary 

source (other than projects at a source 

with a PAL) in circumstances where 

there is a reasonable possibility, within 

the meaning of paragraph (r)(6)(vi) of 

this section, that a project that is not a 

part of a major modification may result 

in a significant emissions increase of 

such pollutant, and the owner or 

operator elects to use the method 

specified in paragraphs (b)(40)(ii)(a) 

through (c) of this section for calculating 

projected actual emissions. Deviations 

from these provisions will be approved 

only if the State specifically 

demonstrates that the submitted 

provisions are more stringent than or at 

least as stringent in all respects as the 

corresponding provisions in paragraphs 

(r)(6)(i) through (vi) of this section. 

* * * * * 

(vi) A ‘‘reasonable possibility’’ under 

paragraph (r)(6) of this section occurs 

when the owner or operator calculates 

the project to result in projected actual 

emissions increases of at least 50 

percent of the significant level defined 

in paragraph (b)(23)(i) of this section for 

the regulated NSR pollutant. 

* * * * * 

4. Appendix S to Part 51 is amended 

by revising paragraph IV.J introductory 

text and adding paragraph IV.J.6 to read 

as follows: 

Appendix S to Part 51—Emission 

Offset Interpretative Ruling. 

* * * * * 

IV. * * * 

J. Provisions for projected actual 

emissions. The provisions of this 

paragraph IV.J apply on a pollutant-bypollutant basis with respect to any 

regulated NSR pollutant associated with 

projects at existing emissions units at a 

major stationary source (other than 

projects at a source with a PAL) in 

circumstances where there is a 

reasonable possibility, within the 

meaning of paragraph IV.J.6 of this 

Ruling, that a project that is not a part 

of a major modification may result in a 

significant emissions increase of such 

pollutant, and the owner or operator 

elects to use the method specified in 

paragraphs II.A.24(ii)(a) through (c) of 

this Ruling for calculating projected 

actual emissions. 

* * * * * 

6. A ‘‘reasonable possibility’’ under 

paragraph IV.J of this Ruling occurs 

when the owner or operator calculates 

the project to result in projected actual 

emissions increases of at least 50 

percent of the significant level defined 

in paragraph II.A.10 of this section for 

the regulated NSR pollutant. 

* * * * * 

PART 52—[AMENDED] 

5. The authority citation for part 52 

continues to read as follows: 

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

Subpart A—[Amended] 

6. Section 52.21 is amended by 

revising paragraph (r)(6) introductory 

text and adding paragraph (r)(6)(vi) to 

read as follows: 

§ 52.21 Prevention of significant 

deterioration of air quality. 

(r) * * * 

(6) The provisions of this paragraph 

(r)(6) apply on a pollutant-by-pollutant 

basis with respect to any regulated NSR 

pollutant associated with projects at 

existing emissions units at a major 

stationary source (other than projects at 

a source with a PAL) in circumstances 

where there is a reasonable possibility, 

within the meaning of paragraph 

(r)(6)(vi) of this section, that a project 

that is not a part of a major modification 

may result in a significant emissions 

increase of such pollutant, and the 

owner or operator elects to use the 

method specified in paragraphs 

(b)(41)(ii)(a) through (c) of this section 

for calculating projected actual 

emissions. 

* * * * * 

(vi) A ‘‘reasonable possibility’’ under 

paragraph (r)(6) of this section occurs 

when the owner or operator calculates 

the project to result in projected actual 

emissions increases of at least 50 

percent of the significant level defined 

in paragraph (b)(23)(i) of this section for 

the regulated NSR pollutant. 

* * * * * 

[FR Doc. E7–3897 Filed 3–6–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2006–1015; FRL–8284–9] 

Approval and Promulgation of 

Implementation Plans; Iowa; Interstate 

Transport of Pollution 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing a revision to 

the Iowa State Implementation Plan 

(SIP) for the purpose of approving the 

Iowa Department of Natural Resources’

(IDNR) 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. 

IDNR 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, prevention of significant 

deterioration of air quality, and 

significant deterioration of visibility. 

The requirements for public notification 

were also met by IDNR. 

DATES: Comments on this proposed 

action must be received in writing by 

April 9, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07–

OAR–2006–1015 by one of the following 

methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: Hamilton.heather@epa.gov. 

3. Mail: Heather Hamilton, 

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 Heather Hamilton, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. Such deliveries are only 

accepted during the Regional Office’s 

normal hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8 to 4:30, 

excluding legal holidays. 

Please see the direct final rule that is 

located in the Rules section of this 

Federal Register for detailed 


pwalker on PROD1PC71 with PROPOSALS
10454 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Heather Hamilton at (913) 551–7039, or 

by e-mail at Hamilton.heather@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of the 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 

revision amendment and anticipates no 

relevant adverse comments to this 

action. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no relevant adverse comments 

are received in response to this action, 

no further activity is contemplated in 

relation to this action. If EPA receives 

relevant 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 action. EPA will 

not institute a second comment period 

on this action. Any parties interested in 

commenting on this action should do so 

at this time. Please note that if EPA 

receives adverse comment 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. For additional information, 

see the direct final rule that is located 

in the rules section of this Federal 

Register. 

Dated: February 27, 2007. 

John B. Askew, 

Regional Administrator, Region 7. 

[FR Doc. E7–4178 Filed 3–7–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

43 CFR Part 4 

RIN 1094–AA53 

Interior Board of Land Appeals 

Procedures 

AGENCY: Office of the Secretary, Interior. 

ACTION: Proposed rule. 

SUMMARY: The Office of Hearings and 

Appeals (OHA) is proposing to amend 

several existing procedural regulations 

governing appeals to the Interior Board 

of Land Appeals (IBLA) and to adopt 

new regulations governing 

consolidation, extensions of time, 

intervention, and motions. 

DATES: You should submit your 

comments by May 7, 2007. 

ADDRESSES: You may submit comments, 

identified by the number 1094–AA53, 

by any of the following methods: 

—Federal rulemaking portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

—Fax: 703–235–9014. 

—E-mail: John_Strylowski@ios.doi.gov. 

Include the number 1094–AA53 in 

the subject line of the message. 

—Mail: Director, Office of Hearings and 

Appeals, Department of the Interior, 

801 N. Quincy Street, Suite 300, 

Arlington, Virginia 22203. 

—Hand delivery: Director, Office of 

Hearings and Appeals, Department of 

the Interior, 801 N. Quincy Street, 

Suite 400, Arlington, Virginia 22203. 

FOR FURTHER INFORMATION CONTACT: 

Robert S. More, Director, Office of 

Hearings and Appeals, U.S. Department 

of the Interior, Phone 703–235–3750. 

Persons who use a telecommunications 

device for the deaf may call the Federal 

Information Relay Service at 800–877–

8339. 

SUPPLEMENTARY INFORMATION: 

I. Public Comments 

If you wish to comment on this 

proposed rule, you may submit your 

comments by any of the methods listed 

in the ADDRESSES section above. We will 

consider all comments received by the 

deadline stated in the DATES section 

above. 

Please make your comments as 

specific as possible and explain the 

reason for any changes you recommend. 

Where possible, your comments should 

refer to the specific section or paragraph 

of the regulations you are addressing. 

Our practice is to make comments, 

including the names of respondents and 

their home addresses, phone numbers, 

and e-mail addresses, available for 

public review during regular business 

hours. To review the comments, you 

may contact the individual listed in the 

FOR FURTHER INFORMATION CONTACT

section above. 

Individual respondents may request 

that we withhold their names and home 

addresses, etc. But if you wish us to 

consider withholding this information, 

you must state this prominently at the 

beginning of your comments. In 

addition, you must present a rationale 

for withholding this information that 

demonstrates that disclosure would 

constitute a clearly unwarranted 

invasion of personal privacy. 

Unsupported assertions will not meet 

this burden. In the absence of 

exceptional, documented 

circumstances, this information will be 

released. We will always make 

submissions from organizations or 

businesses, and from individuals 

identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

II. Background 

Based on its experience in recent 

years, OHA has determined that certain 

of its existing procedural regulations in 

43 CFR part 4, subparts E and L, need 

to be updated, clarified, or otherwise 

revised to promote expeditious 

administrative review. (Subpart E 

contains regulations governing public 

land hearings and appeals; subpart L 

contains regulations governing surface 

coal mining hearings and appeals.) For 

example, we propose to amend the 

existing regulations governing service of 

documents, reconsideration, statements 

of reasons for appeal, answers, and 

requests for hearings. 

In addition, OHA has decided to add 

regulations to subpart E to provide 

procedures governing motions for 

consolidation, extensions of time, and 

intervention, and for serving and 

responding to any other motions. These 

subjects are not currently covered in 

OHA’s regulations, and questions have 

arisen about whether and how these 

procedures are conducted by IBLA. The 

amendments and additions are 

explained in the following section-bysection analysis. 

III. Section-by-Section Analysis 

A. Subpart E—Special Rules Applicable 

to Public Land Hearings and Appeals 

Section 4.400 Definitions 

We propose to define ‘‘BLM’’ to mean 

‘‘Bureau of Land Management,’’ and 

revise the definition of ‘‘bureau’’ to 

include the Minerals Management 

Service, because IBLA reviews some 

decisions of the Minerals Management 

Service under subpart E, e.g., decisions 

concerning offshore minerals 

management and royalty management. 

See 30 CFR Sections 290.2, 290.8, 

290.108. We propose to add IBLA’s 

address to the definition of ‘‘Board,’’ so 

we do not have to repeat it in other 

sections of the regulations. And we 

would add a definition of ‘‘last address 

of record’’ because this phrase appears 

in proposed Sections 4.401(c)(1) and 

4.422(c)(1), the regulations governing 

service of documents. 

The regulations would specify that 

‘‘party’’ includes a party’s 

representative(s) where the context so 

requires, e.g., in the service regulations 

where service must be made by or upon 

a party. The regulations would also 

specify that ‘‘office’’ or ‘‘officer’’

includes an administrative law judge or 


pwalker on PROD1PC71 with PROPOSALS