Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Proposed Rules 11307 

to 20.3 miles east of Kodiak Airport, AK; and 

that airspace extending upward from 1,200 

feet MSL, within 27 miles of the Kodiak 

VORTAC, AK, extending from the 023°(T)/ 

000°(M) radial clockwise to the 088°(T)/ 

065°(M) radial and within 8 miles north and 

5 miles south of the Kodiak localizer front 

course extending to 32 miles east of Kodiak 

Airport, AK, and that airspace extending 

south and east of the Alaska Peninsula 

within a 72.8-mile radius of Chignik Airport, 

AK, and outside (south) of the 149.5-mile 

radius of the Anchorage VOR/DME, AK, 

within a 73-mile radius of Homer Airport, 

AK, and south and east of the Alaska 

Peninsula within an 81.2-mile radius of 

Perryville Airport, AK. 

* * * * * 

Control 1234L [Amended] 

That airspace extending upward from 

2,000 feet above the surface within an area 

bounded by a line beginning at lat. 58°06′57′′ 

N., long. 160°00′00′′ W., then south along 

long. 160°00′00′′ W. until it intersects the 

Anchorage Air Route Traffic Control Center 

(ARTCC) boundary; then southwest, 

northwest, north, and northeast along the 

Anchorage ARTCC boundary to lat. 62°35′00′′ 

N., long. 175°00′00′′ W., to lat. 59°59′57′′ N., 

long. 168°00′08′′ W., to lat. 57°45′57′′ N., 

long. 161°46′08′′ W., to the point of 

beginning; and that airspace extending 

upward from the surface within a 4.6-mile 

radius of Cold Bay Airport, AK, and within 

1.7 miles each side of the 150°(T)/136°(M) 

bearing from Cold Bay Airport, AK, 

extending from the 4.6-mile radius to 7.7 

miles southeast of Cold Bay Airport, AK, and 

within 3 miles west and 4 miles east of the 

335°(T)/321°(M) bearing from Cold Bay 

Airport, AK, extending from the 4.6-mile 

radius to 12.2 miles northwest of Cold Bay 

Airport, AK and that airspace extending 

upward from 700 feet above the surface 

within a 6.9-mile radius of Eareckson Air 

Station, AK, and within a 7-mile radius of 

Adak Airport, AK, and within 5.2 miles 

northwest and 4.2 miles southeast of the 

061°(T)/054°(M) bearing from the Mount 

Moffett NDB, AK, extending from the 7-mile 

radius of Adak Airport, AK, to 11.5 miles 

northeast of Adak Airport, AK and within a 

6.5-mile radius of King Cove Airport, and 

that airspace extending 1.2 miles either side 

of the 103°(T)/162°(M) bearing from King 

Cove Airport from the 6.5-mile radius out to 

8.8 miles; and within a 6.4-mile radius of the 

Atka Airport, AK, and within a 6.9-mile 

radius of Eareckson Air Station, AK, and 

within a 6.3-mile radius of Nelson Lagoon 

Airport, AK and within a 6.4-mile radius of 

Sand Point Airport, AK, and within 3 miles 

each side of the 172°(T)/157°(M) bearing from 

the Borland NDB/DME, AK, extending from 

the 6.4-mile radius of Sand Point Airport, 

AK, to 13.9 miles south of Sand Point 

Airport, AK, and within 5 miles either side 

of the 318°(T)/303°(M) bearing from the 

Borland NDB/DME, AK, extending from the 

6.4-mile radius of Sand Point Airport, AK, to 

17 miles northwest of Sand Point Airport, 

AK, and within 5 miles either side of the 

324°(T)/309°(M) bearing from the Borland 

NDB/DME, AK, and within a 6.6-mile radius 

of St. George Airport, AK, and within an 8- 

mile radius of St. Paul Island Airport, AK, 

and 8 miles west and 6 miles east of the 

360°(T)/350°(M) bearing from St. Paul Island 

Airport, AK, to 14 miles north of St. Paul 

Island Airport, AK, and within 6 miles west 

and 8 miles east of the 172°(T)/162°(M) 

bearing from St. Paul Island Airport, AK to 

15 miles south of Paul Island Airport, AK, 

and within a 6.4-mile radius of Unalaska 

Airport, AK, and within 2.9 miles each side 

of the 360°(T)/346°(M) bearing from the 

Dutch Harbor NDB, AK, extending from the 

6.4-mile radius of Unalaska Airport, AK, to 

9.5 miles north of Unalaska Airport, AK; and 

that airspace extending upward from 1,200 

feet above the surface within a 26.2-mile 

radius of Eareckson Air Station, AK, within 

an 11-mile radius of Adak Airport, AK, and 

within 16 miles of Adak Airport, AK, 

extending clockwise from the 033°(T)/ 

026°(M) bearing to the 081°(T)/074°(M) 

bearing from the Mount Moffett NDB, AK, 

and within a 10-mile radius of Atka Airport, 

AK, and within a 10.6-mile radius from Cold 

Bay Airport, AK, and within 9 miles east and 

4.3 miles west of the 321°(T)/307°(M) bearing 

from Cold Bay Airport, AK, extending from 

the 10.6-mile radius to 20 miles northwest of 

Cold Bay Airport, AK, and 4 miles each side 

of the 070°(T)/056°(M) bearing from Cold Bay 

Airport, AK, extending from the 10.6-mile 

radius to 13.6 miles northeast of Cold Bay 

Airport, AK, and within a 26.2-mile radius of 

Eareckson Air Station, AK, and west of 160° 

west longitude within an 81.2-mile radius of 

Perryville Airport, AK, and within a 10-mile 

radius of St. George Airport, AK, and within 

a 73-mile radius of St. Paul Island Airport, 

AK, and within a 20-mile radius of Unalaska 

Airport, AK, extending clockwise from the 

305°(T)/291°(M) bearing from the Dutch 

Harbor NDB, AK, to the 075°(T)/061°(M) 

bearing from the Dutch Harbor NDB, AK, and 

west of 160° longitude within a 25-mile 

radius of the Borland NDB/DME, AK, and 

west of 160° longitude within a 72.8-mile 

radius of Chignik Airport, AK. 

* * * * * 

Control 1487L [Amended] 

That airspace extending upward from 

8,000 feet MSL within 149.5 miles of the 

Anchorage VOR/DME clockwise from the 

090°(T)/065°(M) radial to the 185°(T)/ 

160°(M) radial of the Anchorage VOR/DME, 

AK; and that airspace extending upward from 

5,500 feet MSL within the area bounded by 

a line beginning at lat. 58°19′58′′ N., long. 

148°55′07′′ W.; to lat. 59°08′35′′ N., long. 

147°16′04′′ W.; thence counterclockwise via 

the 149.5-mile radius of the Anchorage VOR/ 

DME, AK, to the intersection with a point 12 

miles from and parallel to the U.S. coastline; 

thence southeast 12 miles from and parallel 

to the U.S. coastline to a point 12 miles 

offshore on the Vancouver FIR boundary; to 

lat. 54°32′57′′ N., long. 133°11′29′′ W.; to lat. 

54°00′00′′ N., long. 136°00′00′′ W.; to lat. 

52°43′00′′ N., long. 135°00′00′′ W.; to lat. 

56°45′42′′ N., long. 151°45′00′′ W.; to the 

point of beginning; and that airspace 

extending upward from 1,200 feet MSL 

within the area bounded by a line beginning 

at lat. 59°33′25′′ N., long. 141°03′22′′ W.; 

thence southeast 12 miles from and parallel 

to the U.S. coastline to lat. 58°56′18′′ N., long. 

138°45′19′′ W.; to lat. 58°40′00′′ N., long. 

139°30′00′′ W.; to lat. 59°00′00′′ N., long. 

141°10′00′′ W.; to the point of beginning, and 

within an 85-mile radius of the Biorka Island 

VORTAC, AK, and within a 42-mile radius of 

the Middleton Island VOR/DME, AK, and 

within a 30-mile radius of the Glacier River 

NDB, AK; and within a 149.5-mile radius of 

the Anchorage VOR/DME, AK, within the 73- 

mile radius of Homer Airport, AK; and that 

airspace extending upward from 700 feet 

MSL within 14 miles of the Biorka Island 

VORTAC, AK, and within 4 miles west and 

8 miles east of the Biorka Island VORTAC 

209°(T)/181°(M) radial extending to 16 miles 

southwest of the Biorka Island VORTAC, AK. 

* * * * * 

Issued in Washington, DC, on March 7, 

2007. 

Paul Gallant, 

Acting Manager, Airspace and Rules. 

[FR Doc. E7–4466 Filed 3–12–07; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[EPA–HQ–OAR–2006–0903; FRL–8286–8] 

Public Hearings and Submission of 

Plans 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing changes to 

EPA’s regulations specifying the public 

hearing requirements for State 

Implementation Plan (SIP) submissions, 

identifying the method for submission 

of SIPs and preliminary review of plans; 

and revising the criteria for determining 

the completeness of plan submissions 

requirements to reflect the changes to 

the public hearing and plan submission 

requirements. EPA is also making 

administrative changes to update the 

addresses to several Regional offices. 

These proposed revisions will modify 

when state agencies are required to hold 

public hearings, modify the number of 

hard copies of SIP submissions required 

to be submitted to the Regional office 

and the administrative portion of the 

completeness criteria for plan 

submissions. 

DATES: Comments must be received on 

or before April 12, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

OAR–2006–0903 by one of the following 

methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: lakeman.sean@epa.gov. 


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3. Fax: 404–562–9019. 

4. Mail: ‘‘EPA–HQ–OAR–2006–0903’’, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960.5. 

5. Hand Delivery: Sean Lakeman, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division 12th floor, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 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, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2006–

0903. The 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 

information that you consider to be CBI 

or otherwise protected through 

regulations.gov, or e-mail. The http:// 

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 

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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

For additional instructions on 

submitting comments, go to unit I.B of 

the SUPPLEMENTARY INFORMATION section 

of this preamble. 

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 Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

general questions concerning today’s 

rule, please contact Sean Lakeman, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can also be reached via 

electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

information presented in this preamble 

is organized as follows: 

I. General Information 

II. Background 

III. Proposed Actions 

IV. Administrative Changes 

V. Statutory and Executive Order Reviews 

I. General Information 

A. Does This Action Apply to Me? 

The proposed revisions will modify 

the public hearing requirements for 

SIPs. The proposed revision will also 

modify the number of hard copies States 

are required to submit to the Regional 

office. We are also proposing to revise 

the administrative portion of the 

completeness criteria to reflect the 

changes to the public hearing and plan 

submission requirements. These actions 

may affect anyone wanting to 

participate in the rulemaking process. If 

you have any questions regarding the 

applicability of this rule to a particular 

entity, consult the person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Expedited Review. To expedite 

review of your comments by Agency 

staff, you are encouraged to send a 

separate copy of your comments, in 

addition to the copy you submit to the 

official docket, to: Sean Lakeman, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can also be reached via 

electronic mail at 

lakeman.sean@epa.gov. 

2. Submitting CBI. Do not submit CBI 

to EPA through http:// 

www.regulations.gov or e-mail. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. Send or deliver 

information identified as CBI only to the 

following address Sean Lakeman, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can also be reached via 

electronic mail at 

lakeman.sean@epa.gov. Attention 

Docket ID No. EPA–HQ–OAR–2006–

0903. 

3. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions—The agency 

may ask you to respond to specific 

questions or organize comments by 

referencing a Code of Federal 

Regulations (CFR) part or section 

number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 


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iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

Today, EPA is proposing to change 

the requirements of 40 CFR 51.102, 

51.103 and Appendix V to Part 51. In 

addition, we are making administrative 

changes to 40 CFR 52.02 and 52.16 to 

update the addresses for several of the 

EPA Regional offices. 

The Clean Air Act (CAA) provides 

that each revision to an SIP submitted 

by a State must be adopted by such 

State ‘‘after reasonable notice and public 

hearing.’’ EPA’s regulations on public 

hearings in 40 CFR 51.102(a) state 

‘‘Except as otherwise provided in 

paragraph (c) of this section, States must 

conduct one or more public hearings on 

the following prior to adoption and 

submission to EPA.’’ The completeness 

criteria indicate that a complete 

submission must include ‘‘Evidence that 

public notice was given of the proposed 

change consistent with procedures 

approved by EPA, including the date of 

publication of such notice’’ and 

‘‘Certification that public hearings(s) 

were held in accordance with the 

information provided in the public 

notice and the State’s laws and 

constitution, if applicable.’’ 40 CFR part 

51, appendix V (2.1)(f) and (g). 

Following these public hearing 

requirements, states hold public 

hearings on any revision to a SIP, no 

matter how minor or noncontroversial 

and these hearings consume both 

valuable time and resources, whether or 

not the public participates in these 

hearings. 

Forty CFR 51.103(a) and (b) require 

states to submit ‘‘five copies of the plan 

to the appropriate Regional Office.’’ The 

completeness criteria in Appendix 

V(2.1)(d) of part 51 provide that a 

complete submission must include 

‘‘indication of the changes made to the 

existing approved plan, where 

applicable.’’ Since the time these 

regulations were promulgated, 

electronic access to documents has 

become readily available and there is no 

longer the same need for the State to 

provide multiple printed copies of the 

submitted plan. We are proposing to 

revise these regulations to allow the 

Regions and the States flexibility to 

determine the number of printed and 

electronic copies of the plan submission 

necessary to ensure full public access to 

the submitted plan (including 

identification of the changes made) and 

to allow the agency to review the plan 

for approvability. 

Since the promulgation of 40 CFR 

52.02 and 52.16, the Region 3, Region 4, 

Region 7 and Region 8 offices have 

relocated and EPA is revising these 

sections to reflect the correct addresses 

for these Regional offices. 

III. Proposed Actions 

(1) Section 51.102 Public Hearings 

Section 51.102(a) currently states 

‘‘Except as otherwise provided in 

paragraph (c) of this section, States must 

conduct one or more public hearings on 

the following prior to adoption and 

submission to EPA of:’’ EPA proposes to 

revise this section to read ‘‘Except as 

otherwise provided in paragraph (c) of 

this section and within the 30 day 

notification period as required by 

paragraph (d) of this section, States 

must provide notice, provide the 

opportunity to submit written 

comments and allow the public the 

opportunity to request a public hearing. 

The State must hold a public hearing or 

provide the public the opportunity to 

request a public hearing by including 

the date, place and time of hearing in 

the notice announcing the 30 day 

notification period. If the State provides 

the public the opportunity to request a 

public hearing and a request is received 

the State must hold the scheduled 

hearing. If no request for a public 

hearing is received during the 30 day 

notification period and the original 

notice announcing the 30 day 

notification period clearly states that if 

no request for a public hearing is 

received the hearing will be cancelled, 

then the public hearing may be 

cancelled. These requirements apply for 

adoption and submission to EPA of:’’

The current regulation as written 

requires states to hold public hearings 

for any revision to SIPs. States currently 

hold public hearings whether or not the 

public attends and participates in these 

hearings. Many of these plan revisions 

are minor or noncontroversial in nature 

and no member of the public or the 

regulated community attends or 

participates in the hearing. These 

hearings consume both valuable time 

and resources. Rather than requiring a 

public hearing for all SIP revisions, the 

proposed revision will allow states to 

determine those actions for which there 

may be little or no interest by the public 

or the regulated community and, for 

those actions, to provide the public the 

opportunity to request a public hearing. 

If no request for public hearing is made, 

then the State would have fulfilled the 

requirements of 51.102(a) and no public 

hearing is required to be held. 

Whether or not a public hearing is 

held, the State is required to provide a 

30-day period for the written 

submission of comments from the 

public. 

The proposed rule change defines the 

minimum requirements for satisfying 

the ‘‘after reasonable notice and public 

hearing’’ or ‘‘after public notice and 

opportunity for public hearing’’

requirements of the CAA. With today’s 

multiple means of communication 

available to the public, EPA believes 

this rule revision will have no affect on 

public participation in the rulemaking 

process, but will help state agencies 

reduce costs by not needing to pay for 

facilities for public hearings for which 

no one is interested in attending and 

participating. In addition, it will 

increase efficiency by allowing limited 

staff resources to be devoted to 

productive activities rather than staffing 

a hearing that is not attended. 

Section 51.102(f) currently states 

‘‘The State must submit with the plan, 

revision, or schedule a certification that 

the hearing required by paragraph (a) of 

this section was held in accordance 

with the notice required by paragraph 

(d) of this section.’’ EPA proposes to 

revise this section to read ‘‘The State 

must submit with the plan, revision, or 

schedule, a certification that the 

requirements in paragraph (a) and (d) of 

this section were met. Such certification 

will include the date and place of any 

public hearing (s) held or that no public 

hearing was requested during the 30 day 

notification period.’’

The purpose of this revision is to 

eliminate the reference to public 

hearings in light of the proposed 

revision to allow the State to provide 

the opportunity for a public hearing. 

Thus, we are simplifying the language to 

provide the State must certify that it has 

met the public hearing and public 

notification requirements of section 

51.102(a) and (d). 

(2) Section 51.103 Submission of 

Plans, Preliminary Review of Plans 

Section 51.103(a) currently states 

‘‘The State makes an official plan 

submission to EPA only when the 

submission conforms to the 

requirements of appendix V to this part, 

and the State delivers five copies of the 

plan to the appropriate Regional Office, 


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with a letter giving notice of such 

action.’’ And Section 51.103(b) 

currently states ‘‘Upon request of a 

State, the Administrator will provide 

preliminary review of a plan or portion 

thereof submitted in advance of the date 

such plan is due. Such requests must be 

made in writing to the appropriate 

Regional Office and must be 

accompanied by five copies of the 

materials to be reviewed. Requests for 

preliminary review do not relieve a 

State of the responsibility of adopting 

and submitting plans in accordance 

with prescribed due dates.’’

EPA is proposing to revise section 

51.103(a) to read ‘‘The State makes an 

official plan submission to EPA only 

when the submission conforms to the 

requirements of appendix V to this part, 

and the State delivers five hard copies 

or at least two hard copies with an 

electronic version of the hard copy 

(unless otherwise agreed to by the State 

and Regional Office) of the plan to the 

appropriate Regional Office, with a 

letter giving notice of such action. If the 

State submits an electronic copy, it must 

be an exact duplicate of the hard copy.’’

EPA is proposing to revise section 

51.103(b) to read ‘‘Upon request of a 

State, the Administrator will provide 

preliminary review of a plan or portion 

thereof submitted in advance of the date 

such plan is due. Such requests must be 

made in writing to the appropriate 

Regional Office, must indicate changes 

(such as, redline/strikethrough) to the 

existing approved plan, where 

applicable and must be accompanied by 

five hard copies or at least two hard 

copies with an electronic version of the 

hard copy (unless otherwise agreed to 

by the State and Regional Office). 

Requests for preliminary review do not 

relieve a State of the responsibility of 

adopting and submitting plans in 

accordance with prescribed due dates.’’

These proposed revisions establish the 

minimum required number of electronic 

and hard copies to be submitted with all 

official submittals or preliminary 

requests for EPA review. 

With today’s use of electronic 

processing and the use of the internet 

these revisions align the regulatory 

requirements with the way States and 

EPA interact and with the way 

information is made available to the 

public. Rulemaking dockets are now 

available electronically, providing 

greater access to the public because 

there are no geographic or time limits on 

where or when documents may be 

obtained. Previously, when the dockets 

were comprised solely of hard copies of 

documents, the public needed to travel 

to specified locations to review the 

docket and the docket was available 

only during business hours. These 

revisions will reduce costs for States but 

will not interfere with the public’s 

access to SIP revisions being reviewed 

by EPA. Rather, as described above, the 

availability of electronic files simplifies 

access for the public. 

(3) Appendix V of Part 51—Criteria for 

Determining the Completeness of Plan 

Submissions 

The completeness criteria in 

Appendix V identify the minimum 

elements needed for a SIP to be 

determined complete and thus to be 

reviewed for approvability. We are 

proposing to revise the completeness 

criteria to conform to the revisions 

above regarding public hearing 

requirements and official plan 

submissions. 

To be complete, paragraph 2.1(d) of 

the completeness criteria, currently 

require that the submission include ‘‘A 

copy of the actual regulation, or 

document submitted for approval and 

incorporation by reference into the plan, 

including indication of the changes 

made to the existing approved plan, 

where applicable. The submittal shall be 

a copy of the official State regulation/ 

document signed, stamped, dated by the 

appropriate State official indicating that 

it is fully enforceable by the State. The 

effective date of the regulation/ 

document shall, whenever possible, be 

indicated in the document itself.’’ EPA 

is proposing to revise this paragraph to 

include the underlined language: ‘‘A 

copy of the actual regulation, or 

document submitted for approval and 

incorporation by reference into the plan, 

including indication of the changes 

made (such as, redline/strikethrough) to 

the existing approved plan, where 

applicable. The submittal shall be a 

copy of the official State regulation/ 

document signed, stamped and dated by 

the appropriate State official indicating 

that it is fully enforceable by the State. 

The effective date of the regulation/ 

document shall, whenever possible, be 

indicated in the document itself. If the 

State submits an electronic copy, it must 

be an exact duplicate of the hard copy 

with changes indicated, signed 

documents need to be in portable 

document format, rules need to be in 

text format and files need to be 

submitted in manageable amounts (e.g., 

a file for each section or chapter, 

depending on size, and separate files for 

each distinct document) unless 

otherwise agreed to by the State and 

Regional Office.’’ 

Paragraph 2.1(g) currently states that 

a complete plan must include: 

‘‘Certification that public hearings(s) were 

held in accordance with the information 

provided in the public notice and the State’s 

laws and constitution, if applicable.’’ EPA 

proposes to revise paragraph (g) to read 

‘‘Certification that public hearing(s) were 

held in accordance with the information 

provided in the public notice and the State’s 

laws and constitution, if applicable and 

consistent with the public hearing 

requirements in 40 CFR 51.102.’’

IV. Administrative Changes 

Since the promulgation of 40 CFR 

52.02 and 52.16 EPA Regional Offices 3, 

4, 7 and 8 have relocated. EPA is 

making the following revision to 40 CFR 

52.02 and 52.16 to provide the public 

with the current addresses of Regions 3, 

4, 7 and 8 offices. 

40 CFR 52.02(d)(2)(iii) currently states 

‘‘Delaware, District of Columbia, 

Pennsylvania, Maryland, Virginia, and 

West Virginia. Environmental Protection 

Agency, Region 3, 841 Chestnut 

Building, Philadelphia, PA 19107.’’ EPA 

is revising the address for Region 3 to 

read ‘‘Delaware, District of Columbia, 

Pennsylvania, Maryland, Virginia, and 

West Virginia. Environmental Protection 

Agency, Region 3, 1650 Arch Street, 

Philadelphia, PA 19103–2029.’’ and 40 

CFR 52.16(b)(3) currently states 

‘‘Delaware, District of Columbia, 

Pennsylvania, Maryland, Virginia, and 

West Virginia. EPA Region 3, 841 

Chestnut Building, Philadelphia, PA 

19107.’’ EPA is revising the address for 

Region 3 to read ‘‘Delaware, District of 

Columbia, Pennsylvania, Maryland, 

Virginia, and West Virginia. EPA Region 

3, 1650 Arch Street, Philadelphia, PA 

19103–2029.’’

Section 52.02(d)(2)(iv) currently states 

‘‘Alabama, Florida, Georgia, Kentucky, 

Mississippi, North Carolina, South 

Carolina, and Tennessee Environmental 

Protection Agency, Region 4, 345 

Courtland Street, N.E., Atlanta, GA 

30365.’’ EPA is revising the address for 

Region 4 to read ‘‘Alabama, Florida, 

Georgia, Kentucky, Mississippi, North 

Carolina, South Carolina, and 

Tennessee. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

Atlanta, Georgia 30303.’’ and Section 

52.16(b)(4) currently states ‘‘Alabama, 

Florida, Georgia, Kentucky, Mississippi, 

North Carolina, South Carolina, and 

Tennessee. EPA Region 4, 345 

Courtland Street, NE., Atlanta, GA 

30365.’’ EPA is revising the address for 

Region 4 to read ‘‘Alabama, Florida, 

Georgia, Kentucky, Mississippi, North 

Carolina, South Carolina, and 

Tennessee. EPA Region 4, 61 Forsyth 

Street, Atlanta, Georgia 30303.’’

40 CFR 52.02(d)(2)(vii) currently 

states ‘‘Iowa, Kansas, Missouri, and 

Nebraska. Environmental Protection 

Agency, Region 7, 726 Minnesota 

Avenue, Kansas City, KS 66101.’’ EPA is 


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revising the address for Region 7 to read 

‘‘Iowa, Kansas, Missouri, and Nebraska. 

Environmental Protection Agency, 

Region 7, 901 North 5th Street, Kansas 

City, KS 66101.’’ and 40 CFR 52.16(b)(7) 

currently states ‘‘Iowa, Kansas, 

Missouri, and Nebraska. EPA Region 7, 

726 Minnesota Avenue, Kansas City, KS 

66101.’’ EPA is revising the address for 

Region 7 to read ‘‘Iowa, Kansas, 

Missouri, and Nebraska. EPA Region 7, 

901 North 5th Street, Kansas City, KS 

66101.’’

40 CFR 52.02(d)(2)(viii) currently 

states ‘‘Colorado, Montana, North 

Dakota, South Dakota, Utah, and 

Wyoming. Environmental Protection 

Agency, Region 8, 999 18th Street, Suite 

500, Denver, CO 80202–2466.’’ EPA is 

revising the address for Region 8 to read 

‘‘Colorado, Montana, North Dakota, 

South Dakota, Utah, and Wyoming. 

Environmental Protection Agency, 

Region 8, 1595 Wynkoop Street, Denver, 

CO 80202–1129.’’ and 40 CFR 

52.16(b)(8) currently states ‘‘Colorado, 

Montana, North Dakota, South Dakota, 

Utah, and Wyoming. EPA, Region 8, 999 

18th Street, Suite 500, Denver, CO 

80202–2466.’’ EPA is revising the 

address for Region 8 to read ‘‘Colorado, 

Montana, North Dakota, South Dakota, 

Utah, and Wyoming. EPA, Region 8, 

1595 Wynkoop Street, Denver, CO 

80202–1129.’’

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), EPA must 

determine whether the regulatory action 

is ‘‘significant’’ and, therefore, subject to 

the Office of Management and Budget 

(OMB) review and the requirements of 

the Executive Order. The order defines 

‘‘significant regulatory action’’ as one 

that is likely to result in a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or Tribal governments or 

communities; (2) Create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency; (3) Materially alter the 

budgetary impact of entitlements, 

grants, user fees, or loan programs or the 

rights and obligations of recipients 

thereof; or (4) Raise novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

Pursuant to the terms of Executive 

Order 12866, it has been determined 

that the proposed rule is not a 

‘‘significant regulatory action’’ because 

none of the above factors applies. As 

such, this proposed rule was not 

formally submitted to OMB for review. 

B. Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. This 

proposed rule only modifies the public 

hearing requirements for SIPs by 

clarifying that public hearings need only 

be held when requested by the public 

rather than automatically and provides 

a less costly alternative to the preexisting requirement to submit five 

printed copies of each SIP revision. The 

present proposed rule does not establish 

any new information collection burden 

apart from that required by law. Burden 

means the total time, effort, or financial 

resources expended by persons to 

generate, maintain, retain, or disclose or 

provide information to or for a Federal 

agency. This includes the time needed 

to review instructions; develop, acquire, 

install, and utilize technology and 

systems for the purposes of collecting, 

validating, and verifying information, 

processing and maintaining 

information, and disclosing and 

providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. An agency 

may not conduct or sponsor, and a 

person is not required to respond to a 

collection of information unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

EPA’s regulations in 40 CFR are listed 

in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedures Act or any 

other statute unless the agency certifies 

the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. For purposes of assessing 

the impacts of today’s proposed rule on 

small entities, small entity is defined as: 

(1) A small business that is a small 

industrial entity as defined in the U.S. 

Small Business Administration (SBA) 

size standards (See 13 CFR 121.); (2) a 

small governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. This proposed 

rule only modifies the public hearing 

requirements for SIPs by clarifying that 

public hearings need only be held when 

requested by the public rather than 

automatically and provides a less costly 

alternative to the pre-existing 

requirement to submit five printed 

copies of each SIP revision. After 

considering the economic impacts of 

today’s proposed rule on small entities, 

I certify that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and Tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, 

and Tribal governments, in the 

aggregate, or to the private sector, of 

$100 million or more in any one year. 

Before promulgating an EPA rule for 

which a written statement is needed, 

section 205 of the UMRA generally 

requires EPA to identify and consider a 

reasonable number of regulatory 

alternatives and adopt the least costly, 

most cost-effective or least burdensome 

alternative that achieves the objectives 

of the rule. The provisions of section 

205 do not apply when they are 

inconsistent with applicable law. 

Moreover, section 205 allows EPA to 

adopt an alternative other than the least 

costly, most cost-effective or least 

burdensome alternative if the 

Administrator publishes with the final 

rule an explanation to why that 

alternative was not adopted. Before EPA 

establishes any regulatory requirements 

that may significantly or uniquely affect 

small governments, including Tribal 

governments, it must have developed 

under section 203 of the UMRA a small 

government agency plan. The plan must 

provide for notifying potentially 

affected small governments, enabling 

officials of affected small governments 

to have meaningful and timely input in 

the development of EPA regulatory 


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11312 Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Proposed Rules 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. Today’s 

proposed rule does not include a 

Federal mandate within the meaning of 

UMRA that may result in expenditures 

of $100 million or more in any one year 

by either State, local, or Tribal 

governments in the aggregate or to the 

private sector, and therefore, is not 

subject to the requirements of sections 

202 and 205 of the UMRA. This 

proposed rule only modifies the public 

hearing requirements for SIPs by 

clarifying that public hearings need only 

be held when requested by the public 

rather than automatically and provides 

a less costly alternative to the preexisting requirement to submit five 

printed copies of each SIP revision. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that 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.’’ This 

proposed rule only modifies the public 

hearing requirements for SIPs by 

clarifying that public hearings need only 

be held when requested by the public 

rather than automatically and provides 

a less costly alternative to the preexisting requirement to submit five 

printed copies of each SIP revision. This 

proposed rule will not modify the 

relationship of the States and EPA for 

purposes of developing programs to 

implement the NAAQS. Thus, Executive 

Order 13132 does not apply to this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This proposed rule does 

not have ‘‘Tribal implications’’ as 

specified in Executive Order 13175. 

This proposed rule only modifies the 

public hearing requirements for SIPs by 

clarifying that public hearings need only 

be held when requested by the public 

rather than automatically and provides 

a less costly alternative to the preexisting requirement to submit five 

printed copies of each SIP revision. The 

Clean Air Act and the Tribal Authority 

Rule establish the relationship of the 

Federal Government and Tribes in 

developing plans to attain the NAAQS, 

and this rule does nothing to modify 

that relationship. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

Executive Order 13045: ‘‘Protection of 

Children From Environmental Health 

and Safety Risks’’ (62 FR 19885, April 

23, 1997) applies to any rule that (1) is 

determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

EPA has reason to believe may have 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

the Agency must evaluate the 

environmental health or safety effects of 

the planned rule on children, and 

explain why the planned regulation is 

preferable to other potentially effective 

and reasonably feasible alternatives 

considered by the Agency. This 

proposed rule only modifies the public 

hearing requirements for SIPs by 

clarifying that public hearings need only 

be held when requested by the public 

rather than automatically and provides 

a less costly alternative to the preexisting requirement to submit five 

printed copies of each SIP revision. The 

proposed rule is not subject to Executive 

Order 13045 because it is not 

economically significant as defined in 

E.O. 12866, and because the Agency 

does not have reason to believe the 

environmental health risks or safety 

risks addressed by this rule present a 

disproportionate risk to children. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ (66 FR 28355, 

May 22, 2001) because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer Advancement Act 

of 1995 (NTTAA), Public Law 104–113, 

section 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards (VCS) in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by VCS bodies. The NTTAA 

directs EPA to provide Congress, 

through OMB, explanations when the 

Agency decides not to use available and 

applicable VCS. This rule does not 

involve technical standards. Therefore, 

EPA did not consider the use of any 

VCS. 

List of Subjects in 40 CFR Parts 51 and 

52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, 

Transportation, Volatile organic 

compounds. 

Dated: March 7, 2007. 

Stephen L. Johnson, 

Administrator. 

In consideration of the foregoing, the 

Environmental Protection Agency 

proposes to amend 40 CFR parts 51 and 

52 as follows: 

PART 51—[AMENDED] 

1. The authority citation for part 51 

continues to read as follows: 

Authority: 23 U.S.C. 101; 42 U.S.C. 7401–

7641q. 

2. Section 51.102 is amended by 

revising paragraphs (a) introductory text 

and (f) to read as follows: 

§ 51.102 Public hearings. 

(a) Except as otherwise provided in 

paragraph (c) of this section and within 

the 30 day notification period as 

required by paragraph (d) of this 

section, States must provide notice, 

provide the opportunity to submit 

written comments and allow the public 

the opportunity to request a public 

hearing. The State must hold a public 

hearing or provide the public the 

opportunity to request a public hearing 

by including the date, place and time of 

hearing in the notice announcing the 30 

day notification period. If the State 

provides the public the opportunity to 

request a public hearing and a request 

is received the State must hold the 

scheduled hearing. If no request for a 

public hearing is received during the 30 

day notification period and the original 


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notice announcing the 30 day 

notification period clearly states that if 

no request for a public hearing is 

received the hearing will be cancelled, 

then the public hearing may be 

cancelled. These requirements apply for 

adoption and submission to EPA of: 

* * * * * 

(f) The State must submit with the 

plan, revision, or schedule, a 

certification that the requirements in 

paragraph (a) and (d) of this section 

were met. Such certification will 

include the date and place of any public 

hearing(s) held or that no public hearing 

was requested during the 30 day 

notification period. 

* * * * * 

3. Section 51.103 is revised to read as 

follows: 

§ 51.103 Submission of plans, preliminary 

review of plans. 

(a) The State makes an official plan 

submission to EPA only when the 

submission conforms to the 

requirements of appendix V to this part, 

and the State delivers five hard copies 

or at least two hard copies with an 

electronic version of the hard copy 

(unless otherwise agreed to by the State 

and Regional Office) of the plan to the 

appropriate Regional Office, with a 

letter giving notice of such action. If the 

State submits an electronic copy, it must 

be an exact duplicate of the hard copy. 

(b) Upon request of a State, the 

Administrator will provide preliminary 

review of a plan or portion thereof 

submitted in advance of the date such 

plan is due. Such requests must be 

made in writing to the appropriate 

Regional Office, must indicate changes 

(such as, redline/strikethrough) to the 

existing approved plan, where 

applicable and must be accompanied by 

five hard copies or at least two hard 

copies with an electronic version of the 

hard copy (unless otherwise agreed to 

by the State and Regional Office). 

Requests for preliminary review do not 

relieve a State of the responsibility of 

adopting and submitting plans in 

accordance with prescribed due dates. 

4. Appendix V to Part 51 is amended 

by revising paragraphs (d) and (g) under 

Section 2.1 to read as follows: 

Appendix V of Part 51—Criteria for 

Determining the Completeness of Plan 

Submissions 

* * * * * 

2.1. * * * 

(d) A copy of the actual regulation, or 

document submitted for approval and 

incorporation by reference into the plan, 

including indication of the changes made 

(such as, redline/strikethrough) to the 

existing approved plan, where applicable. 

The submittal shall be a copy of the official 

State regulation/document signed, stamped 

and dated by the appropriate State official 

indicating that it is fully enforceable by the 

State. The effective date of the regulation/ 

document shall, whenever possible, be 

indicated in the document itself. If the State 

submits an electronic copy, it must be an 

exact duplicate of the hard copy with 

changes indicated, signed documents need to 

be in portable document format, rules need 

to be in text format and files need to be 

submitted in manageable amounts (e.g., a file 

for each section or chapter, depending on 

size, and separate files for each distinct 

document) unless otherwise agreed to by the 

State and Regional Office. 

* * * * * 

(g) Certification that public hearing(s) were 

held in accordance with the information 

provided in the public notice and the State’s 

laws and constitution, if applicable and 

consistent with the public hearing 

requirements in 40 CFR 51.102. 

* * * * * 

PART 52—[AMENDED] 

5. The authority citation for part 52 

continues to read as follows: 

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

6. Section 52.02 is amended by 

revising paragraphs ‘‘(d)(2)(iii)’’, 

‘‘(d)(2)(iv)’’, ‘‘(d)(2)(vii)’’, and 

‘‘(d)(2)(viii)’’ to read as follows: 

§ 52.02 Introduction. 

* * * * * 

(d) * * * 

(2) * * * 

(iii) Delaware, District of Columbia, 

Pennsylvania, Maryland, Virginia, and 

West Virginia. Environmental Protection 

Agency, Region 3, 1650 Arch Street, 

Philadelphia, PA 19103–2029. 

(iv) Alabama, Florida, Georgia, 

Kentucky, Mississippi, North Carolina, 

South Carolina, and Tennessee. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, Atlanta, 

Georgia 30303. 

* * * * * 

(vii) Iowa, Kansas, Missouri, and 

Nebraska. Environmental Protection 

Agency, Region 7, 901 North 5th Street, 

Kansas City, KS 66101. 

(viii) Colorado, Montana, North 

Dakota, South Dakota, Utah, and 

Wyoming. Environmental Protection 

Agency, Region 8, 1595 Wynkoop 

Street, Denver, CO 80202–1129. 

* * * * * 

7. Section 52.16 is amended by 

revising paragraphs ‘‘(b)(3)’’, ‘‘(b)(4)’’, 

‘‘(b)(7)’’ and ‘‘(b)(8)’’ to read as follows: 

§ 52.16 Submission to administrator. 

* * * * * 

(b) * * * 

(3) Delaware, District of Columbia, 

Pennsylvania, Maryland, Virginia, and 

West Virginia. EPA Region 3, 1650 Arch 

Street, Philadelphia, PA 19103–2029. 

(4) Alabama, Florida, Georgia, 

Kentucky, Mississippi, North Carolina, 

South Carolina, and Tennessee. EPA 

Region 4, 61 Forsyth Street, Atlanta, 

Georgia 30303. 

* * * * * 

(7) Iowa, Kansas, Missouri, and 

Nebraska. EPA Region 7, 901 North 5th 

Street, Kansas City, KS 66101. 

(8) Colorado, Montana, North Dakota, 

South Dakota, Utah, and Wyoming. 

EPA, Region 8, 1595 Wynkoop Street, 

Denver, CO 80202–1129. 

* * * * * 

[FR Doc. E7–4563 Filed 3–12–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1989–0011; FRL–8286–7] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of intent for partial 

deletion of the Rocky Flats Plant from 

the National Priorities List; request for 

comments. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 8 announces its 

intent to delete the Peripheral Operable 

Unit (OU) and Operable Unit 3 (OU 3), 

also referred to as the Offsite Areas, 

encompassing approximately 25,413 

acres, of the Department of Energy 

(DOE) Rocky Flats Plant from the 

National Priorities List (NPL) and 

requests public comment on this 

proposed action. The NPL constitutes 

Appendix B of 40 CFR Part 300, which 

is the National Oil and Hazardous 

Substances Pollution Contingency Plan 

(NCP), which EPA promulgated 

pursuant to Section 105 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA). Rocky Flats Plant means 

the property owned by the United States 

Government, also known as Rocky Flats, 

Rocky Flats Site, or Rocky Flats 

Environmental Technology Site 

(RFETS), as identified in Figure 1. The 

Rocky Flats Plant is divided into the 

Central and Peripheral Operable Units 

(Figure 2) which contain 1,308 and 

4,933 acres, respectively, and OU 3 

(Figure 3) which contains 

approximately 20,480 acres. The 3 

referenced figures are available as 


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