Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Rules and Regulations 18389 

9.3 Live Animals 

* * * * * 

9.3.4 Adult Fowl 

[Revise 9.3.4 as follows:] 

Disease-free adult fowl may be mailed 

domestically when shipped under 

applicable law in accordance with 

601.1.7. Adult chickens, turkeys, guinea 

fowl, doves, pigeons, pheasants, 

partridges, and quail as well as ducks, 

geese, and swans are mailable as 

follows: 

a. The mailer must send adult fowl by 

Express Mail in secure containers 

approved by the manager of Mailing 

Standards (see 608.8.0 for address). 

b. The number of birds per parcel 

must follow the container manufacturer 

limits and each bird must weigh more 

than 6 ounces. 

c. Indemnity may be paid only for 

loss, damage, or rifling, and not for 

death of the birds in transit if there is 

no visible damage to the mailing 

container. 

[Delete 9.3.5, Adult Chickens, and 

renumber 9.3.6 through 9.3.13 as new 

9.3.5 through 9.3.12.] 

* * * * * 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. E7–6529 Filed 4–11–07; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2006–0787–200621(a); 

FRL–8297–4] 

Approval and Promulgation of 

Implementation Plans; Tennessee: 

Approval of Revisions to the Knox 

County Portion of the Tennessee State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving revisions to 

the State Implementation Plan (SIP) 

submitted by the State of Tennessee, 

through Tennessee Department of 

Environment and Conservation (TDEC), 

on August 18, 1999 and July 16, 2001. 

The revisions pertain to the Knox 

County portion of the Tennessee SIP 

and include changes to the Knox County 

Air Quality Regulations (KCAQR) 

Section 51.0—Standards for Cement 

Kilns. These standards set nitrogen 

oxides (NOX) emissions control, 

compliance demonstration, certification, 

record keeping, and reporting 

requirements for Portland cement kilns 

in the County. The revisions were 

initially reviewed by TDEC, which 

found them to be as stringent as the 

State’s requirements. The proposed 

changes are part of the Knox County 

strategy to meet the national ambient air 

quality standards (NAAQS) by reducing 

the emissions of NOX, a precursor of 

ozone formation. Because of the harmful 

health effects of ozone, EPA limits the 

amount of volatile organic compounds 

and NOX that can be released into the 

atmosphere. This action is being taken 

pursuant to section 110 of the Clean Air 

Act (CAA). 

DATES: This direct final rule is effective 

June 11, 2007 without further notice, 

unless EPA receives adverse comment 

by May 14, 2007. If adverse comment is 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04–

OAR–2006–0787 by one of the following 

methods: 

1. www.regulations.gov: Follow the 

online instructions for submitting 

comments. 

2. E-mail: louis.egide@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2006–

0787,’’ 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. Hand Delivery or Courier: Dr. Egide 

Louis, Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division 12 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 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2006–

0787. 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 through 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

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

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 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 a.m. to 

4:30 p.m. excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Egide Louis, 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) 562–9240. 

Dr. Louis can also be reached via 

electronic mail at louis.egide@epa.gov. 

SUPPLEMENTARY INFORMATION: 


rmajette on PROD1PC67 with RULES
18390 Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Rules and Regulations 

I. Background 

On October 27, 1998, EPA published 

a final rule known as ‘‘NOX SIP Call.’’

(see 63 FR 57356). The NOX SIP Call 

requires 22 states, including the State of 

Tennessee, and the District of Columbia 

to meet statewide NOX emission budgets 

during the ozone season in order to 

reduce the amount of ground-level 

ozone that is transported across the 

eastern United States. The amounts of 

required reductions in NOX emissions 

were set to equal the amounts that 

would be achieved by applying highly 

cost-effective control measures to source 

categories available in each state. The 

source categories identified and 

regulated in the NOX SIP Call are 

electric generating units, non-electric 

generating units, internal combustion 

engines, and cement kilns. 

In order to meet NOX SIP Call 

requirements, the State of Tennessee 

submitted SIP revisions to EPA for 

approval on November 7, 2000, and 

additional materials on January 11, 2001 

and October 04, 2001. These revisions 

established a NOX allowance trading 

program for large electrical generating 

and industrial units, and NOX

reductions for cement kilns. To reduce 

NOX emissions from cement kilns, the 

State proposed the addition of State 

Rule 1200–3–27–.04—Standards for 

Cement Kilns. EPA approved these 

revisions to Tennessee SIP on January 

22, 2004. (See 69 FR 3015). This 

document addresses Knox County 

request to add a rule in the Knox County 

portion of the Tennessee SIP that is 

similar to the State’s. 

II. Analysis of State Submittals 

On August 18, 1999, and July 16, 

2001, the State of Tennessee, through 

TDEC, submitted revisions to the 

Tennessee SIP. The revisions pertain to 

the Knox County portion of the 

Tennessee SIP and include changes to 

KCAQR Section 51.0—Standards for 

Cement Kilns. These revisions were 

initially submitted by Knox County for 

review by TDEC, which found them to 

be as or more stringent than State’s 

requirements. After conducting its own 

review of these revisions, EPA concurs 

with TDEC’s finding. The rule changes 

became State effective on August 12, 

1999 and July 11, 2001, respectively and 

are part of the Knox County’s strategy to 

attain and maintain the NAAQS. They 

are approvable into the Knox County 

portion of the Tennessee SIP pursuant 

to section 110 of the CAA. 

The August 18, 1999 SIP revisions 

proposed the addition of a new section 

to KCAQR, Section 51.0—Standards for 

Cement Kilns. The rules in this section 

were designed to reduce NOX emissions 

by setting emissions control, 

compliance demonstration, certification, 

record keeping, and reporting 

requirements for Portland cement kilns 

in the County. In the July 16, 2001 SIP 

Submittal, Knox County proposed 

changes to KCAQR, Section 51.0 by 

adopting the same language used in the 

State’s air regulations. For example, the 

County eliminated the definitions for 

the terms ‘‘shutdown’’ and ‘‘startup’’ as 

related Portland cement kilns in the 

original rule because they were not 

found in the State’s rule on ‘‘Standards 

for Cement Kilns’’. 

III. Final Action 

EPA is approving the aforementioned 

changes to the Knox County portion of 

the Tennessee SIP. EPA has reviewed 

the Knox County’s justification 

concerning the addition of the standards 

for cement kilns into the Knox County 

portion of the Tennessee SIP and 

concurs with the changes. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should adverse comments be filed. This 

rule will be effective June 11, 2007 

without further notice, unless the 

Agency receives adverse comments by 

May 14, 2007. 

If EPA receives such comments, then 

EPA will publish a notice withdrawing 

the final rule and informing the public 

that the rule will not take effect. All 

public comments received will then be 

addressed in a subsequent final rule 

based on the proposed rule. The EPA 

will not institute a second comment 

period. Parties interested in 

commenting should do so at this time. 

If no such comments are received, the 

public is advised that this rule will be 

effective on June 11, 2007 and no 

further action will be taken on the 

proposed rule. Please note that if we 

receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

III. 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 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 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 rule 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, 

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 rule 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 is not 

economically significant. 

In reviewing SIP 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 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 CAA. Thus, the requirements of 


rmajette on PROD1PC67 with RULES
Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Rules and Regulations 18391 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) do not 

apply. This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. section 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. section 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 11, 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, Nitrogen dioxide, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: March 29, 2007. 

J.I. Palmer, 

Regional Administrator, Region 4. 

■ 40 CFR part 52 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 RR Tennessee 

■ 2. Section 52.2220(c) is amended by 

adding the entry ‘‘Section 51.0’’ in Table 

3 of the Knox County portion of the 

Tennessee State Implementation Plan to 

read as follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 3.—EPA APPROVED KNOX COUNTY, REGULATIONS

State citation Title/subject State effective date EPA approval date Explanation 

* * * * * * * 

51.0 .......................................... Standards for Cement Kilns ... 07/11/01 04/12/2007 [Insert citation of 

publication].

* * * * * * * 

* * * * * 

[FR Doc. E7–6717 Filed 4–11–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2006–0779; FRL–8296–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; Prevention of Significant 

Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is revising the Code of 

Federal Regulations (CFR) to give the 

Wisconsin Department of Natural 

Resources (WDNR) full regulatory 

responsibility for EPA-issued 

Prevention of Significant Deterioration 

(PSD) permits. WDNR has the necessary 

state legislative authority to take 

responsibility for the permits, and has 

demonstrated that it has adequate 

resources to maintain oversight of these 

permits. 

DATES: This direct final rule will be 

effective June 11, 2007, unless EPA 

receives adverse comments by May 14, 

2007. If adverse comments are 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–R05–

OAR–2006–0779, by one of the 

following methods: 

• www.regulations.gov: Follow the 

online instructions for submitting 

comments. 

• E-mail: blakley.pamela@epa.gov. 

• Fax: (312) 886–5824. 

• Mail: Pamela Blakley, Chief, Air 

Permits Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

• Hand Delivery: Pamela Blakley, 

Chief, Air Permits Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m. excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2006–

0779. 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 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 


rmajette on PROD1PC67 with RULES