Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules 6659 

not exceed 720 hours in any 12-month 

period. Kentucky’s October 2007 sourcespecific SIP revision therefore proposes 

SO2 limits for the Paradise facility that 

are more stringent than the SIPapproved KAR. Kentucky’s SIP 

submittal includes technical support 

information comparing the limits 

required by KAR with the current 

proposed source-specific revision. This 

information is available in the Docket 

for this proposed action. The new limits 

will be included in a CAA title V 

operating permit. 

Consistent with Section 110 of the 

CAA, EPA is proposing to approve this 

revision to the Kentucky SIP. The 

revision would supersede the 1989 

source-specific SIP revision for the TVA 

Paradise facility and subject the facility 

to the specific SO2 emission limits 

discussed above. 

III. Proposed Action 

EPA is proposing to approve a sourcespecific SIP revision submitted by 

KDAQ in October 2007 regarding the 

SO2 emission limits for the three units 

at the TVA Paradise Facility. This 

proposal would supersede the 1989 

source-specific SIP revision and subject 

TVA Paradise to emission limits of 1.2 

lbs/mmBTU at Units 1, 2, and 3, except 

that Unit 3 may meet the limit of 3.1 

lbs/mmBTU that is established in 401 

KAR 61:015 during the limited times 

when the Unit 3 scrubber is bypassed 

for maintenance. Now that TVA has 

installed the control technology 

necessary to achieve the KAR limit of 

3.1 lbs/mmBTU at all three units of the 

Paradise facility, the previous 

redistribution is no longer necessary. 

This proposed revision is consistent 

with Section 110 of the CAA because it 

will continue to provide for attainment 

and maintenance of the SO2 NAAQS. 

IV. 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 proposed 

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 proposed 

action merely approves Kentucky 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 proposes to 

approve pre-existing requirements 

under Kentucky law and does not 

impose any additional enforceable duty 

beyond that required by Kentucky 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 

proposed 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 

proposes to approve a Kentucky rule 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the CAA. 

This proposed 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 

Commonwealth 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 section 12(d) 

of the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 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.). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: January 24, 2008 

Russell L. Wright, Jr., 

Acting Regional Administrator, Region 4. 

[FR Doc. E8–2089 Filed 2–4–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[FRL–8523–8] 

National Oil and Hazardous Substance 

Pollution Contingency Plan National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of intent to delete the 

Industrial Waste Control Superfund Site 

from the National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 6 is issuing a 

notice of intent to delete the Industrial 

Waste Control Superfund Site located in 

Fort Smith, Arkansas from the National 

Priorities List (NPL) and requests public 

comments on this notice of intent. The 

NPL, promulgated pursuant to Section 

105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is found 

at Appendix B of 40 CFR part 300, 

which is the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of Arkansas, through the 

Arkansas Department of Environmental 

Quality (ADEQ), have determined that 

all appropriate response actions under 

CERCLA, other than operation and 

maintenance and five-year reviews, 

have been completed. However, this 

deletion does not preclude future 

actions under Superfund. 

In the ‘‘Rules and Regulations’’

Section of this Federal Register, we are 

publishing a direct final notice of 

deletion of the Industrial Waste Control 

Superfund Site without prior notice of 

intent to delete because we view this as 

a noncontroversial revision and 

anticipate no adverse comment. We 

have explained our reasons for this 

deletion in the direct final deletion. If 

we receive no adverse comment(s) on 

the direct final notice of deletion, we 

will not take further action on this 

notice of intent to delete. If we receive 

adverse comment(s), we will withdraw 


rmajette on PROD1PC64 with PROPOSALS
6660 Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules 

the direct final notice of deletion, and 

it will not take effect. We will, as 

appropriate, address all public 

comments in a subsequent final deletion 

notice based on this notice of intent to 

delete. We will not institute a second 

comment period on this notice of intent 

to delete. Any parties interested in 

commenting must do so at this time. For 

additional information see the direct 

final notice of deletion located in the 

Rules section of this Federal Register. 

DATES: Comments concerning this Site 

must be received by March 6, 2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

SFUND–1983–0002 Notice 4, by one of 

the following methods: 

http://www.regulations.gov (Follow 

the on-line instructions for submitting 

comments) 

E-mail: walters.donn@epa.gov. 

Fax: 214–665–6660. 

Mail: Donn Walters, Community 

Involvement, U.S. EPA Region 6 (6SF–

TS), 1445 Ross Avenue, Dallas, TX 

75202–2733, (214) 665–6483 or 1–800–

533–3508. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–1983–

0002 Notice 4. EPA 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, 

disclosure of which is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected. 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 automatically be 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 docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information disclosure of which 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 at http:// 

www.regulations.gov or in hard copy at 

the information repositories. 

FOR FURTHER INFORMATION CONTACT: 

Shawn Ghose M.S., P.E., Remedial 

Project Manager (RPM), U.S. EPA 

Region 6 (6SF–RA), 1445 Ross Avenue, 

Dallas, TX 75202–2733, 

ghose.shawn@epa.gov (214) 665–6782 

or 800–533–3508. 

SUPPLEMENTARY INFORMATION: For 

additional information see the Direct 

Final Notice of Deletion located in the 

‘‘Rules’’ section of this Federal Register. 

Information Repositories: Repositories 

have been established to provide 

detailed information concerning this 

decision at the following locations: U.S. 

EPA Region 6, 1445 Ross Avenue, Suite 

700, Dallas, Texas 75202–2733, (214) 

665–6617, by appointment only Monday 

through Friday 9 a.m. to 12 p.m. and 1 

p.m. to 4 p.m.; Fort Smith Public 

Library, 3201 Rogers Avenue, Ft. Smith, 

AR 72903, (479) 783–0229, Monday 

through Thursday, 9 a.m. to 9 p.m., 9 

a.m. to 6 p.m. Friday, 10 a.m. to 5 p.m. 

Saturday and 1 p.m. to 5 p.m. Sunday; 

Arkansas Department of Environmental 

Quality (ADEQ), 5301 Northshore Drive, 

North Little Rock, Arkansas 72118, (501) 

682–0744, Monday through Friday 8 

a.m. to 4:30 p.m. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Dated: September 28, 2007. 

Richard E. Greene, 

Regional Administrator, EPA Region 6. 

Editorial Note: This document was 

received at the Office of the Federal Register 

on January 30, 2008. 

[FR Doc. E8–1963 Filed 2–4–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R6–ES–2008–0013; 1111 FY07 MO–

B2] 

Endangered and Threatened Wildlife 

and Plants; 12-Month Finding on a 

Petition To List the Gunnison’s Prairie 

Dog as Threatened or Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of a 12-month petition 

finding. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce our 

12-month finding on a petition to list 

the Gunnison’s prairie dog (Cynomys 

gunnisoni) as an endangered or 

threatened species under the 

Endangered Species Act of 1973, as 

amended (Act). After a thorough review 

of all available scientific and 

commercial information, we find that 

the species is not threatened or 

endangered throughout all of its range, 

but that the portion of the current range 

of the species located in central and 

south-central Colorado and northcentral New Mexico (the northeastern 

portion of the range) represents a 

significant portion of the range where 

the Gunnison’s prairie dog is warranted 

for listing under the Act. Currently, 

listing is precluded by higher priority 

actions to amend the Lists of 

Endangered and Threatened Wildlife 

and Plants. We have assigned a listing 

priority number (LPN) of 2 to this 

species, because threats have a high 

magnitude, and are imminent. We will 

develop a proposed rule to list the 

Gunnison’s prairie dog in the 

northeastern (montane) portion of its 

range as our priorities allow. 

DATES: This finding was made on 

February 5, 2008. 

ADDRESSES: This finding is available on 

the Internet at http:// 

www.regulations.gov and http:// 

www.fws.gov/mountain-prairie/species/ 

mammals/gunnisonprairiedog. 

Supporting documentation we used to 

prepare this finding is available for 

public inspection, by appointment, 

during normal business hours at the 

U.S. Fish and Wildlife Service, Western 

Colorado Field Office, 764 Horizon 

Drive, Building B, Grand Junction, CO 

81506–3946; telephone (970) 243–2778; 

facsimile (970) 245–6933. Please submit 

any new information, materials, 

comments, or questions concerning this 

finding to the above address. 


rmajette on PROD1PC64 with PROPOSALS