Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Proposed Rules 26581 

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 May 18, 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. 

Lisa Fairhall, 

Deputy General Counsel. 

[FR Doc. E7–8952 Filed 5–9–07; 8:45 am] 

BILLING CODE 8150–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2006–0917; FRL–8312–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Redesignation of the RichmondPetersburg 8-Hour Ozone 

Nonattainment Area to Attainment and 

Approval of the Associated 

Maintenance Plan and 2002 Base-Year 

Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed rulemaking, 

correction. 

SUMMARY: This document corrects and 

clarifies an error in the preamble 

language of the Richmond-Petersburg 8- 

hour ozone nonattainment area 

redesignation request and approval of 

the associated maintenance plan and 

2002 base-year inventory. 

DATES: Written comments must be 

received on or before May 14, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA–

R03–OAR–2006–0917 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: miller.linda@epa.gov. 

C. Mail: EPA–R03–OAR–2006–0917, 

Linda Miller, 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–2006–

0917. 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 

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 http:// 

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 Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Amy Caprio, 215–814–2156, or by 

e-mail at caprio.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: On April 

12, 2007, (72 FR 18434), EPA published 

a notice of proposed rulemaking 

announcing the approval and 

promulgation of Virginia’s redesignation 

of the Richmond-Petersburg 8-hour 

ozone nonattainment area to attainment 

and approval of the associated 

maintenance plan and 2002 base-year 

inventory. In the preamble of this 

document, EPA inadvertently printed 

the incorrect data in Table 5 (titled: 

Total NOX Emissions for 2005–2018 

(tpd)). This action corrects Table 5 in 

the notice of proposed rulemaking, so 

that it reflects the correct NOX

emissions for the Richmond-Petersburg 

Area for 2005–2018. 

Correction 

In rule document E7–7018, on page 

18442, Table 5 is corrected to read as 

follows: 

TABLE 5.—TOTAL NOX EMISSIONS FOR 2005–2018 (TPD) 

Source category 2005 NOX

emissions 

2011 NOX

emissions 

2018 NOX

emissions 

Point ............................................................................................................................................. 77.281 84.296 90.521 

Area 1 ........................................................................................................................................... 26.501 27.417 28.169 

Mobile 2 ........................................................................................................................................ 67.155 43.661 26.827 

Non-road ...................................................................................................................................... 16.862 13.118 8.641 

Total ...................................................................................................................................... 187.799 168.492 154.158 

1 Includes selected local controls (open burning). 

2 Includes transportation provisions. 


ycherry on PROD1PC64 with PROPOSALS
26582 Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Proposed Rules 

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 rule also does 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), 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 standard, 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 does not 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

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

Administrative Procedure Act or any 

other statute, it is not subject to the 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). 

Dated: May 4, 2007. 

James W. Newsom, 

Acting Regional Administrator, Region III. 

[FR Doc. E7–9010 Filed 5–9–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 122 and 412 

[EPA–HQ–OW–2005–0036; FRL–8311–4] 

RIN 2040–AE92 

Proposed Revised Compliance Dates 

Under the National Pollutant Discharge 

Elimination System Permit Regulations 

and Effluent Limitations Guidelines 

and Standards for Concentrated 

Animal Feeding Operations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to extend 

certain compliance dates in the National 

Pollutant Discharge Elimination System 

(NPDES) permitting requirements and 

Effluent Limitations Guidelines and 

Standards (ELGs) for concentrated 

animal feeding operations (CAFOs) 

while EPA works to complete 

rulemaking to respond to the decision of 

the Second Circuit Court of Appeals in 

Waterkeeper Alliance et al. v. EPA, 399 

F.3d 486 (2nd Cir. 2005). The sole 

purpose of this proposed rule is to 

address timing issues associated with 

the Agency’s response to the 

Waterkeeper decision. 

This proposal would revise the dates 

established in the 2003 CAFO rule and 

later modified by a rule published in the 

Federal Register on February 10, 2006, 

by which facilities newly defined as 

CAFOs are required to seek permit 

coverage and by which all permitted 

CAFOs are required to develop and 

implement their nutrient management 

plans (NMPs). EPA is proposing to 

extend the date by which operations 

defined as CAFOs as of April 14, 2003, 

that were not defined as CAFOs prior to 

that date, must seek NPDES permit 

coverage, from July 31, 2007, to 

February 27, 2009. EPA is also 

proposing to amend the date by which 

operations that become defined as 

CAFOs after April 14, 2003, due to 

operational changes that would not have 

made them a CAFO prior to April 14, 

2003, and that are not new sources, 

must seek NPDES permit coverage, from 

July 31, 2007, to February 27, 2009. 

Finally, EPA is proposing to extend the 

deadline by which permitted CAFOs are 

required to develop and implement 

NMPs, from July 31, 2007, to February 

27, 2009. 

DATES: Comments on this proposed 

action must be received on or before 

June 11, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

OW–2005–0036 by one of the following 

methods 

(1) www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

(2) E-mail: ow-docket@epa.gov, 

Attention Docket ID No. EPA–HQ–OW–

2005–0036. 

(3) Mail: Send the original and three 

copies of your comments to: Water 

Docket, Environmental Protection 

Agency, Mail code 2822T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460, Attention Docket ID No. OW–

2005–0036. 

(4) Hand Delivery: Deliver your 

comments to: EPA Docket Center, EPA 

West, Room 3334, 1301 Constitution 

Avenue, NW., Washington, DC, 

Attention Docket ID No. OW–2005–

0036. 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–HQ–OW–2005–

0036. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 


ycherry on PROD1PC64 with PROPOSALS