### 8194 Federal Register/Vol. 73, No. 30/Wednesday, February 13, 2008/Rules and Regulations

ADDRESSES: Materials referred toin this document are available for inspection or copying at Commander (dpw),Eleventh Coast Guard District, Building 50-2, Coast Guard Island, Alameda, CA 94501-5100, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The telephone number is (510) 437-3516. The Eleventh Coast Guard District maintains the public docket for this temporary deviation.

FOR FURTHER.INFORMATION CONTACT: David H. Sulouff, Chief,Bridge Section, Eleventh Coast Guard District, telephone (510) 437-3516.

SUPPLEMENTARY INFORMATION: The. California Department ofTransportation requested a temporary change to the operation ofthe Tower Drawbridge, mile 59.0, over the Sacramento River, at Sacramento, CA. The Tower Drawbridge navigation span provides avertical clearance of 30 feet above Mean High Water in the closed-to-navigation position. The draw opens on signal as required by 33 CFR 117.5. Navigation on the waterway is commercial and recreational.

The drawspan willbe secured in the closed-to-navigation position 1:45 p.m. through 2:45 p.m. onFebruary 19, 2008
to allow participants in the Tour of California Bicycle Race to cross the bridge during the event. This temporary deviation has been coordinated with waterway users. There are no schdduled riverboat cruises or anticipated levee maintenance during this deviation period. No objections to the temporary deviation were raised.

Vessels that can transit the bridge, while in the closed-to-navigation * position, may continue to do so at any time.
inthe event of an emergency the drawspan canbe opened with 30 minutes advance notice.

In accordance with 33 CFR 117.35(e), the drawbridge mustreturn to its regular operating schedule immediately at the end ofthe designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35.

Dated: January 29, 2008. C.E. Bone, Rear Admiral,U.S. CoastGuard,Commander, EleventhCoastGuard District. [FR Doc. E8-2689 Filed 2-12-08; 8:45 am]

BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52 [EPA-R08-OAR-2007-1002; FRL-8521-5]
Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Regulation No. 7, Section XII, Volatile Organic Compounds From Oiland Gas Operations
AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule.

SUMMARY: EPA is taking direct final actionto approve a State Implementation Plan (SIP) revisionsubmitted by the State ofColorado. On August 3, 2007, the Govehnor's designee submitted revisions to Colorado's Regulation No. 7, "Emissions of Volatile Organic Compounds," Section XII, "Volatile Organic Compounds (VOC) From Oil and Gas Operations." EPA is approving the revisions to Regulation No. 7, Section XII. This action isbeing taken under Section 110 ofthe Clean Air Act. DATES: This direct final rule is effective

on April 14, 2008 without further notice, unless EPA receives adverse
comment by March 14, 2008. Ifadverse
comment is received, EPA will publish

a timely withdrawal ofthe direct final rule in the Federal.Register informing the public that the rulewill not take effect. ADDRESSES: Submit your comments, identified byDocket Number EPA-R08- OAR-2007-1002, by one of the following methods:

* http://www.regulations.gov. Follow the on-line instructions for submitting
comments.

* E-mail:videtich.cullie@epa.govand fiedler.kerri@epa.gov.

o Fax:(303) 312-6064 (please.alert the individual listed inthe FOR FURTHER INFORMATION CONTACT if you are faxing comments).

* Mail:Callie A. Videtich, Director, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129.

* HandDelivery:Callie A.Videtich, Director, Air andRadiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only accepted Monday through Friday, 8 a.m. to 4:30 p.m., excluding Federal

. holidays. Special arrangements should be made for deliveries ofboxed information. Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-2007-. 1002. EPA's policy is that all comments received will be included inthe public docket without change and may be made available athtp:l/ www.regulations.gov,including any personal information provided, unless the comment includes information claimed tobe Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Donot submitinformation that you consider to be CBI or otherwise protected through http:// www.regulations.govor 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 thebody ofyour comment. Ifyou send an e-mail comment directly
to EPA, without going through http:// www.regulations.govyour e-mail address willbe automatically captured and included as part ofthe comment that is placed inthe public docket and made available on the Internet. Ifyou submit an electronic comment, EPA recommends that you include your

name and othercontact information in thebody ofyour comment andwith any disk orCD-ROM you submit. IfEPA
cannot read your comment dueto 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, andbe free ofany defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage athttp:// www..epa.gov/epahome/dockets.htm. For additional instructions on submitting comments, go to Section I. General Information ofthe SUPPLEMENTARY INFORMATION section of this document.

Docket:All documents inthe docket

are listed in the http:// www.regulations.govindex. Although listed inthe index, some information is
not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either electronically in http:// www.regulations.govor inhard copy at the Air andRadiation Program, Environmental Protection Agency (EPA),Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129. EPA requests that if at all possible, you contact theindividual listed inthe FOR

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FURTHER INFORMATION CONTACT section to view the hard copy ofthe docket. You may view the hard copy ofthe docket Monday through Friday, 8 a.m.to 4 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kerri Fiedler, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, phone (303) 312- 6493, and e-mail at: fiedler.kerri@epa.gov.

SUPPLEMENTARY INFORMATION:
Table ofContents 1.General Information 11.

What is thepurpose ofthis action? III. What isthe State's process to submit these materials to EPA? IV.EPA's Evaluation ofthe Regulation No. 7, Section XII, Revisions V.Consideration ofSection 110(1) ofthe CAA VI.Final Action VII. Statutory and Executive Order ReViews
Definitions

For the purpose ofthis document, we
are giving meaning to certain words or initials as follows:

(i)The words or initialsAct or CAA

mean or refer to the Clean Air Act, unless the context indicates otherwise. (ii) The words EPA, we, usor our
mean or refer to the United States Environmental Protection Agency.

(iii) The initials NAAQS mean National Ambient Air Quality Standard.

(iv)The initials SIPmean or refer to State Implementation Plan.

(v) The word State means the State of Colorado, unless the context indicates otherwise.

I. General Information

A. WhatShouldI ConsiderasIPrepare My Comments forEPA?

1. SubmittingCBL Do not submitthis information toEPA through http:// regulations.gov or e-mail. Clearly mark the part or all ofthe information that you claim to be CBI. For CBI information in a disk orCD ROM that youmail to EPA, mark the outside ofthe diskor CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. Inaddition to one complete version ofthe comment that includes information claimed as CBI, a copy ofthe comment that doesnot 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 CFRpart 2. 2. TipsforPreparing 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 ofFederal Regulations (CFR)part or section number.

III. Explain why you agree or disagree; suggest alternatives and substitute language for yourrequested changes.

IV. Describe any assumptions and provide any technical information and/

or data that you used.

V. Ifyou estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for 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 ofprofanity

or personal threats.

VIII. Make sure to submityour comments by the comment period deadline identified.
II. What is thepurpose ofthis action?,

Inthis action, we are approving revisions to Regulation No. 7, Section XII, for the control of VOC emissions from oil and gas operations. James B. Martin, the Executive Director ofthe Colorado Department ofPublicHealth andEnvironment, submitted these revisions to us on August 3, 2007.

We previously approved Regulation No. 7, Section XII, on August 19, 2005 (see 70 FR48652) as part ofDenver's Early Action Compact (EAC) SIP forthe 8-hour ozone standard. The purpose of the EAC SIP is to prevent exceedances ofthe 8-hour ozone standard in the Denver EAC area.' Due to unanticipated growth ofcondensate tank emissions in the oil and gas sector, the State determined thatthe version of Regulation No. 7, Section XII, that we approved in 2005 needed to be revised.

1In April 2004, EPA designated the Denver area (Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, Jefferson, and parts ofLarimer andWeld counties) as non-attainment for the 8-hour ozone standard, butdeferred the effective date ofthe designation based on a commitmentfrom the State ofColorado, the Regional AirQuality Council and others to implement ozone controlmeasures sooner thanrequired by the CleanAir Act.This commitmentwas contained inthe Denver Early Action Compact (EAC). The non-attainment designation for the area became effective November 20, 2007, as a result ofaviolation for 2005-2007, which triggers requirements for future revisions to the attainment demonstration SIP forthe Denver EAC area. The version ofRegulation No. 7, Section XII, submitted August 3, 2007 requires

a greater level ofcontrol ofcondensate tank emissions inthe 8-hour ozone nonattainment area. I. Whatis the State'sprocess to submit these materialsto EPA?
Section 110(k) ofthe CAA addresses

our actions on submissions of SIP revisions. The CAA requires States to observe certain procedural requirements indeveloping SIP.revisions. Section 110(a)(2) ofthe CAA requires that each SIPrevision be adopted by a State after reasonable notice and publichearing. This must occurbefore a State submits the revision to us.

The Colorado Air Quality Control Commission (AQCC) held public hearings for the revisions to Regulation No. 7, Section XII, on November 17, 2006, November 18, 2006, and December 17, 2006. The AQCC adopted the revisions onJanuary 5, 2007. The revisions became State effective on March 4, 2007.

We have evaluated the revisions to, Regulation No. 7, Section XII, andhave determined that the State met the requirements for reasonable notice and public hearing under section 110(a)(2) ofthe CAA.

IV. EPA'sEvaluation oftheRegulation No. 7, Section XII, Revisions

Colorado's Regulation No. 7, Section XII, "Volatile Organic Compound Emissions From Oil And Gas Operations," imposes emission control requirements on oil and gas condensate tanks located in the Denver EAC area, with the majority ofaffected facilities being located in southern Weld County. Among other things, Regulation No. 7, SectionXII, includes definitions; required emissionreductions for the high ozone season and rest ofthe year;

numerous recordkeeping requirements fora spreadsheet to determine weekly and other periodic compliance; emission factors usedto demonstrate compliance; reporting requirements for certain equipment ifa construction or Title V permit is issued by the State; a methodology for approval ofalternative emissions control equipment; requirements forgas-processing plants; requirements forcontrolling emissions from dehydration units; and a methodology for approval to develop testing methods and revised emission factors.

The condensate tank requirements, along with other requirements applicable to oil and gas operations and natural gas fired reciprocating internal combustion engines, were initially promulgated in March 2004, and later 

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### /Vol. 73, No. 30 /Wednesday, February 13, 2008/Rules and Regulations

revised inDecember 2004. Colorado submitted these requirements to us as a SIPrevision, which we approved on August 19, 2005 (see 70 FR 48652). Colorado designed the emission limits inthe 2004 revision of Regulation No. 7, Section X11, to achieve total condensate'tank VOCemissions inthe Denver EAC area during the summer
ozone season ofno more than 91.3 tons per day (tpd)as ofMay 1, 2007, and 100.9 tpd as ofMay 1, 2012. These daily values were relied on to demonstrate attainment ofthe 8-hour ozone standard in the modeling analysis, as part ofthe EAC SIP. However, because of unanticipated growth ofcondensate tank emissions, the State later determined thatthe emission limits in the 2004 version ofRegulation No. 7 would be insufficient to meet these daily emission numbers. The 2007 revisions require a greater level of control ofcondensate tank emissions within the 8-hour ozone non-attainment

area boundary. The State's goal remains to achieve the same daily emission targets for condensate tankVOC emissions.

We note that the VOC emission reductions that are required by Regulation No. 7, Section XII, are achieved not by specific requirements

on each condensate tank, but instead by overall or system-wide emission reductions for each affected company's operations. As stated in Regulation No. 7, Section XII, the requirement to control emissions applies to owners or operators of condensate tanks with a cumulative total of30 tons peryear or
more ofVOC emissions. In practice, industry has controlled the condensate tank VOC emissions withflares or vapor recovery units, and Regulation No. 7, Section XII, requires these types of emission control devices to. achieve 95% control efficiency.

Revised Regulation No. 7, Section XII, raises the system-wide control requirements forthe ozone season from the 47.5% VOC reduction requirement that applied from May 1,2006, through September 30, 2006, to 75% from May 1through September 30 ofeach year from 2007 through 2011. Forthe period fromMay 1through September 30 of each year, beginning with 2012, VOC emissions fromcondensate tanks must be reduced by 78% from uncontrolled actual emissions. Determination of compliance during the ozone season willbe on a weeklybasis. For the nonozone season, the State revised the required reduction ofcondensate tank VOC emissions from 38% to 60% in 2007, andbeginning in 2008, and each year thereafter, VOC emissions between October 1 and April 30 must bereduced by 70% from uncontrolled actual emissions. Emission reductions during the non-ozone season mustbe calculated as an average ofthe emission reductions achieved during this sevenmonth period. In addition to the changes tothe system-wide reduction requirements, the State adopted significant changes to the monitoring, recordkeeping, and reporting requirements. Owners or operators ofany condensate storage tank that isbeing controlled under Regulation No. 7, Section XII, must inspect or monitor the control equipment at least weekly. Types of equipment include combustion devices, vapor recovery units, valves, andthief hatches. As noted above, the recordkeeping provisions require owners or operators to maintain a spreadsheet to track emissionreductions on a weekly basis during the ozone season (May 1 through September 30). In addition to the spreadsheet, owners or operators are required to maintain records of monitoring andinspection activities. The reporting provisions require owners
or operators to submit an annual report by April 30 ofeach year, and also a semi-annual report by November 30 of each year, detailing emission reductions during the preceding year and ozone season,respectively. Finally, provisions have been added to require owners or operators subject to the condensate storage tank reduction requirements to submit a list of all their controlled tanks

onApril 30 ofeach year; to notify the State monthly during the ozone season of any change to the list ofcontrolled tanks; and to notify the State monthly of any instance where the air pollution control equipment was not properly functioning and the steps taken to correct the problem. We have reviewed and are approving therevisions to Regulation No. 7, Section XII, "Volatile Organic Compounds From Oil and Gas Operations" because they require greater reductions in emissions and meet the requirements ofsection 110 of the CAA.

V. Consideration ofSection 110(1) ofthe CAA

Section 110(1) ofthe CAA states that

aSIP revision cannot be approved ifthe revision would interfere with any applicable requirement concerning' attainment and reasonable further progress towards attainment ofa NAAQS, or any other applicable requirement ofthe CAA. The revisions
to Regulation No. 7, Section XII, will not interfere with attainment, reasonable further progress, or any other applicable requirement ofthe CAA. VI. FinalAction
In this action, EPA is approving the revisions to Regulation No. 7, Section XII, that were submitted onAugust 3, 2007. The version of Section XII we are approving supersedes andreplaces the prior version we approved at 70 FR 48652 (August 19, 2005). EPA is publishing thisrule withoutprior proposal because the Agency views this

as a non-controversial amendment and anticipates no adverse comments. However, inthe "Proposed Rules" section oftoday's Federal Register publication, EPA is publishing a separate document that will serve asthe proposal to approve the SIP revision if adverse comments are filed. This rule will be effective April 14, 2008 without further noticeunless the Agency receives adverse comments by March 14, 2008. Ifthe EPA receives adverse comments, EPA will publish a timely withdrawal in the Federal Register informing the public 'thatthe rule will
not take effect. EPA will address all public comments in a subsequent final rule based onthe proposed rule. The EPA will not institute a second comment period on this action. Any parties interested in commenting must do so atthis time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and ifthat provision maybe severed from the remainder ofthe rule, EPA may adopt as final those provisions ofthe rule that are not the subject of an adverse comment.
VII. 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 bythe Office ofManagement and Budget. Forthis 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 fiumber of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 etseq.). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond thatrequired by state law, it does not contain any unfunded mandate or significantly or uniquely affect small

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governments, as described inthe Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).

Thisrule also does not have tribal implications because it willnot have a substantial direct effect on one or more Indian tribes, onthe relationship between the Federal Government and Indian tribes, or onthe distribution of power and responsibilities between the Federal Government andIndian 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,

onthe relationship between the national government and the states, or on the distribution ofpower and responsibilities among the various levels ofgovernment, as specified in Executive Order 13132 (64 FR43255, August 10, 1999). This action merely approves astate rule implementing a Federal'standard, and does not alter the relationship or the distribution ofpower and responsibilities established'in the Clean AirAct. Thisrule 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 Clean AirAct. Inthis 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. Itwould thus be inconsistent with applicable law for EPA, when itreviews 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 ofsection 12(d) ofthe National Technology Transfer and Advancemefit Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act of 1995 (44 U.S.C. 3501 etseq.).

The Congressional Review Act, 5 U.S.C. 801 etseq., as added by the Small Business Regulatory Enforcement Fairiess Act of 1996, generally provides that before arule may take effect, the agency promulgating therule must submit a rule report,which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPA will submit a report containing thisrule and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States prior to publication ofthe rule in the Federal Register. A majorrule cannot take effect until 60 days after it is published inthe Federal Register. This action is not a "major rule" as defined by 5 U.S.C. 804(2).

Under section 307(b)(1) ofthe Clean Air Act, petitions forjudicial review of this action mustbe filed in the United States Court ofAppeals for the appropriate circuit byApril 14, 2008. Filing a petition for reconsideration by the Administrator ofthis final rule does not affect the finality ofthis rule for the purposes ofjudicial review nor does it extend the time within which a petition forjudicial review may be filed, and shall not postpone the effectiveness of such rule oraction. This action may not be challenged later inproceedings to enforce its requirements. (See section 307(b)(2).)

List ofSubjects 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

Authority: 42 U.S.C. 7401 etseq. Dated: January 15, 2008. RobertE.Roberts, Regional Administrator, Region VIII.

* 40 CFRpart 52 is amended to readas follows:

PART 52-[AMENDED]

M1. The authority citation forpart 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq. Subpart G-Colorado

* 2. Section 52.320is amended by adding paragraph (c)(112) to read as follows: 

### §52.320 Identification of plan.

(* * *** (c)*** (112) On Aigust 3, 2007, the Governor of Colorado submitted revisions to the Colorado's Regulation No. 7 "Emissions ofVolatile Organic Compounds" that made several changes and additions to Section XII, "Volatild Organic Compound Emissions From Oil and Gas Operations."

(i) Incorporation byreference. (A)Regulation No. 7 "Emissions of Volatile Organic Compounds," 5 CCR 1001-9, Section XII, "Volatile Organic SUMMARY: EPA is granting final approval
to Ohio's request for the retirement and withdrawal of240 oxides ofnitrogen (NOx) allowances fromthe State's 2005

new source set aside. Retiring 240 new
source setaside allowances will provide surplus emission reductions tohelp compensate for the discontinuation of Ohio's motor vehicle inspection and maintenance program (known as "ECheck") in the Cincinnati and Dayton

areas forthe year 2006. (Ohiois in the process of seeking approval ofthe removal ofE-Check as an active program from the State Implementation Plan (SIP), which will be addressed in a separate action.) EPA received adverse
comments and one positive comment on
our proposed rulemaking on the allowance retirement. These comments

are addressed inthis notice. As aresult ofthis action, 240 NOx allowances from the State's 2005 new source setaside will bewithheld and permanently retired.

DATES: This final rule is effective on March 14, 2008. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2006-0976. All documents in the docket are listed on the www.regulations.govWeb site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) orother information whose disclosure is restridted 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 through www.regulations.govor in hard copy at the Environmental Protection Agency, Region 5,Air andRadiation Division, 77 WestJackson Boulevard, Chicago, 

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I Compound Emissions From Oil and Gas Operations," effective on March 4, 2007.
[FR Doc. E8-2512 Filed 2-12-08; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52 [EPA-R05-OAR-2006-0976; FRL-8526-8]
Approval and Promulgation ofAir QualityImplementation Plans; Ohio; Oxides of Nitrogen Budget Trading Program
AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.

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