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RECEIVED

CLERK'S

OFFICE

74250

Federal Register

/ Vol.

72, No. 249 / Monday, December 31, 2007 / Proposed

Rule

2007

§ 401.83 Reporting position at anchor,

wharf, etc.

A vessel anchoring in a designated

anchorage area, or elsewhere, and a

vessel mooring at a wharf or dock, tying-

up to a canal bank or being held on a

canal bank in any manner shall

immediately report its position to the

traffic controller and it shall not resume

its voyage without the traffic controller's

permission.

Issued at Washington, DC, on December 21,

2007.

Saint Lawrence Seaway Development

Corporation.

Collister Johnson, Jr.,

Administrator.

[FR Doc. E7-25340 Filed 12-28-07; 8:45 am]

BILLING CODE 4910-61-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0003; FRL-8512-5]

Approval and Promulgation of Air

Quality Implementation Plans; Illinois

AGENCY:

Environmental Protection

EPA is proposing disapproval

of a revision to the Illinois Ozone State

Implementation Plan (SIP). On August

17, 2005,

Illinois requested that five

compounds be added to its list of

compounds exempt from being

considered a volatile organic compound

(VOC). EPA no longer considers four of

the compounds to be VOCs because the

compounds were shown to be negligibly

photochemically reactive. Thus, the

compounds do not lead to ozone

formation. For the fifth compound, t-

butyl acetate, EPA determined that it is

not considered a VOC

for emission

limits and VOC

content requirements,

but it is considered a VOC for

recordkeeping, emission reporting, and

inventory requirements. Illinois has

indicated it is correcting the restrictions

on t-butyl acetate. Consequently, EPA is

alternatively proposing approval of the

SIP revisions if t-butyl acetate is

removed from the list of compounds

exempt from being considered VOC or

if the special requirements for t-butyl

acetate are clearly indicated. Illinois

must submit the supporting

documentation during the comment

period for this rule.

DATES:

Comments must be received on

or before January

30, 2008.

ADDRESSES:

Submit your comments,

identified by Docket ID No. EPA-R05-

OAR-2006-0003, by one of the

following methods:

http://www.regulations.gov:

the on-line instructions for submitting

comments.

E-mail: mooney.john@epa.gov.

3. Fax:

(312)886-5824.

4. Mail:

John M. Mooney, Chief,

Criteria Pollutant Section, Air Programs

Branch (AR-18J), U.S. Environmental

Protection Agency,

West Jackson

Boulevard, Chicago, Illinois 60604.

Hand Delivery:

John M.

Mooney,

Chief, Criteria Pollutant 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

0003. 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 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 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 instructions

on submitting comments, go to Section

I of the

SUPPLEMENTARY INFORMATION

section of this document.

iSTATEnCi

NBOolaSrd

flIt

index. Although listed in the 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

www.regulations.gov

or in hard copy at

the Environmental Protection Agency,

Region

Air and Radiation Division, 77

West Jackson Boulevard, Chicago,

Illinois

60604.

This Facility is open

from 8:30 a.m. to 4:30 p.m., Monday

through Friday, excluding legal

holidays. We recommend that you

telephone Matt Rau, Environmental

Engineer,

(312)

886-6524 before visiting

the Region 5 office.

FOR FURTHER INFORMATION

CONTACT:

Matt

Rau, Environmental Engineer, Criteria

Pollutant Section, Air Programs Branch

(AR-18J), Environmental Protection

Agency, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604,

(312) 886-6524,

rau.matthew@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, whenever

"we," "us," or "our" is used, we mean

EPA. This supplementary information

section is arranged as follows:

What Should I Consider as I Prepare My

Comments for EPA?

II.

What Revisions Did the State Request?

III.

What Is EPA's Analysis of the Revisions?

IV.

What Action Is EPA Taking Today?

Statutory and Executive Order Reviews

I. What Should I Consider as I Prepare

My Comments for EPA?

When submitting comments,

remember to:

Identify the rulemaking by docket

number and other identifying

information (subject heading,

Federal

Register

date and page number).

Follow directions—The EPA may

ask you to respond to specific questions

or organize comments by referencing a

Code of Federal Regulations (CFR) part

or section number.

Explain why you agree or disagree;

suggest alternatives and substitute

language for your requested changes.

Describe any assumptions and

provide any technical information and/

or data that you used.

If you estimate potential costs or

burdens, explain how you arrived at

your estimate in sufficient detail to

allow for it to be reproduced.

Provide specific examples to

illustrate your concerns, and suggest

alternatives.

Federal Register

/ Vol. 72, No. 249 / Monday, December 31, 2007 / Proposed Rules

?74251

Explain your views as clearly as

possible, avoiding the use of profanity

or personal threats.

Make sure to submit your

comments by the comment period

deadline identified.

II. What Revisions Did the State

Request?

Illinois requested revisions to its

ozone SIP which would add five

compounds from the list of compounds

considered to not be VOC. The State

requested the compounds 1,1,1,2,2,3,3-

heptafluoro-3-methoxypropane (n-

C3F7OCH3), 3-ethoxy

1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-

(trifluoromethyl)hexane (HFE-7500),

1,1,1,2,3,3,3-heptafluoropropane (HFC-

227ea), methyl formate, and t-butyl

acetate be added to its list of

compounds exempt from VOC

requirements. Illinois also requested the

addition of special requirements for t-

butyl acetate. The compound, t-butyl

acetate, will be considered VOC for

recordkeeping, emissions reporting,

modeling, and inventory requirements,

but is not considered VOC for emission

limits or content requirements. The

special restrictions on t-butyl acetate are

listed in a separate section from the

listing of compounds exempt from being

considered VOCs.

HI. What Is EPA's Analysis of the

Revisions?

EPA added four compounds, n-

C3F7OCH3 , HFE-7500, HFC-227ea, and

methyl formate, to its list of compounds

exempt from VOC requirements on

November 29, 2004 (69 FR 69290). EPA

also provided special requirements for t-

butyl acetate users in a separate

November 29, 2004, action (69 FR

69298). Users of t-butyl acetate still

must follow the recordkeeping,

emissions reporting, modeling, and

inventory requirements. However, t-

butyl acetate is not considered a VOC

for content requirements and emission

limits.

Illinois added the four compounds

from the EPA plus t-butyl acetate to

Title 35 of the Illinois Administration

Code Section 211.7150(a), its list of

compounds exempt from VOC

requirements. It also added Section

211.7150(e), which provides the same

unique requirements for t-butyl acetate

users as the EPA action did. It is not

appropriate for t-butyl acetate to be

listed in 211.7150(a) because this

compound is not exempt from all VOC

requirements as are the other

compounds listed there. It should be

listed in 211.7150(e) only, so the unique

requirements for t-butyl acetate are

clear. This would follow the approach

EPA took in making these revisions to

the Federal definition of VOC through

separate actions.

EPA would find the requested

revisions approvable if Illinois removes

t-butyl acetate from the list of

compounds exempt from VOC

requirements in 211.7150(a). This

would leave it listed only under

211.7150(e) which makes it clear what

requirements apply to t-butyl acetate

users. EPA would also find it acceptable

for Illinois to add a note to section

211.7150(a) that certain compounds

listed in section 211.7150(a) are subject

to the requirements of 211.7150(e). This

would direct t-butyl acetate users to

section 211.7150(e) where the special

requirements for this compound are

stated.

IV. What Action Is EPA Taking Today?

EPA is proposing disapproval of the

requested ozone revisions to the Illinois

SIP. In the alternative, EPA is proposing

approval of ozone revisions to the

Illinois SIP if a correction is made to

Title 35 of the Illinois Administration

Code Section 211.7150(a) to remove t-

butyl acetate from the list of compounds

exempt from VOC regulations or if it is

clearly stated that t-butyl acetate is

subject to the requirements of section

211.7150(e). Illinois must submit the

supporting documentation of the

correction during the comment period

for this rule for the alternative, proposed

approval to be considered. Illinois has

proposed adding language to section

211.7150(a) that states some compounds

listed in that section must also follow

the restrictions in section 211.7150(e).

EPA finds this language acceptable. If

Illinois submits the final state rule with

language of the proposed state rule, this

action should be considered a proposed

approval.

VI. Statutory and Executive Order

Reviews

Executive Order 12866: Regulatory

Planning and Review

Under Executive Order 12866 (58 FR

51735, September 30, 1993), this action

is not a "significant regulatory action"

and, therefore, is not subject to review

by the Office of Management and

Budget.

Paperwork Reduction Act

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.).

Regulatory Flexibility Act

This proposed 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.).

Unfunded Mandates Reform Act

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).

Executive Order 13132: Federalism

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

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.

Executive Order 13175: Consultation

and Coordination With Indian Tribal

Governments

This proposed 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).

Executive Order 13045: Protection

Children From Environmental Health

and Safety Risks

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 proposes

approval of a state rule implementing a

Federal Standard.

Executive Order 13211: Actions That

Significantly Affect Energy Supply,

Distribution, or Use

Because it is not a "significant

regulatory action" under Executive

74252?

Federal Register/Vol.

72, No. 249 / Monday, December 31, 2007 / Proposed Rules

Order 12866 or a "significant regulatory

action," 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).

National Technology Transfer

Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (NTTAA), 15 U.S.C. 272,

requires Federal agencies to use

technical standards that are developed

or adopted by voluntary consensus to

carry out policy objectives, so long as

such standards are not inconsistent with

applicable law or otherwise impractical.

In reviewing SIP submissions, EPA's

role is to approve State choices,

provided that they meet the criteria of

the Clean Air Act. Absent a prior

existing requirement for the state to use

voluntary consensus standards, EPA has

no authority to disapprove a SIP

submission for failure to use such

standards, and it would thus be

inconsistent with applicable law for

EPA to use voluntary consensus

standards in place of a program

submission that otherwise satisfies the

provisions of the Clean Air Act.

Therefore, the requirements of section

12(d) of the NTTAA do not apply.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control,incorporation by

reference, Intergovernmental relations,

Ozone, Reporting 'ind recordkeeping

requirements, Volatile organic

compounds.

Dated: December 18,2007.

Bharat Mathur,

Acting Regional Administrator, Region 5.

[FR Doc. E7-25405 Filed 12-28-07; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81

[EPA-R06-OAR-2007-0554; FAL-8512-6]

Clean Air Act Reclassification of the

Houston/Galveston/Brazoria Ozone

Nonattainment Area; Texas; Proposed

Rule

AGENCY:

Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY:

EPA

proposes to grant a

request by the Governor of the State of

Texas to voluntarily reclassify the

Houston/Galveston/Brazoria (HGB)

ozone nonattainment area from a

moderate 8-hour ozone nonattainment

area to a severe 8-hour ozone

nonattainment area. This request was

made in a letter from Governor Rick

Perry to the EPA Administrator on June

15, 2007. In addition to the

reclassification proposal, EPA is also

proposing and taking comment on a

range of dates from December 15, 2008

to April 15, 2010 for the State to submit

a revised State Implementation Plan

(SIP) addressing the severe ozone

nonattainment area requirements of the

Clean Air Act (CAA).

EPA will accept comments on all

aspects of this proposed action.

However, as discussed in Section

below, the CAA mandates the Agency to

grant a voluntary reclassification when

requested by a State.

DATES:

Written comments must be

received on or before January 30, 2008.

ADDRESSES:

Submit your comments,

identified by Docket No. EPA-R06-

OAR-2007-0554, by one of the

following methods:

• Federal eRulemaking Portal: http://

www.regulations.gov.

Follow the on-line

instructions for submitting comments.

• EPA Region 6 "Contact Us" Web

site: http://epa.gov/region6/

r6coment.htm.

Please click on "6PD"

(Multimedia) and select "Air" before

submitting comments.

• E-mail:

Mr. Guy Donaldson at

donaldson.guy@epa.gov.

• Fax:

Mr. Guy Donaldson, Chief, Air

Planning Section (6PD-L), at fax

number 214-665-7263.

•

Mail:

Mr. Guy Donaldson, Chief,

Air Planning Section (6PD-L),

Environmental Protection Agency, 1445

Ross Avenue, Suite 1200, Dallas, Texas

75202-2733.

• Hand or Courier Delivery:

Mr. Guy

Donaldson, Chief, Air Planning Section

(6PD-L), Environmental Protection

Agency, 1445 Ross Avenue, Suite 1200,

Dallas, Texas 75202-2733. Such

deliveries are accepted only between the

hours of 8 a.m. and 4 p.m. weekdays

except for legal holidays. Special

arrangements should be made for

deliveries of boxed information.

Instructions:

Direct your comments to

Docket ID No. EPA-R06-OAR-2007-

0554. 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 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 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.

Docket:

All documents in the docket

are listed in the

www.regulations.gov

index.

Although listed in the 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

www.regulations.gov

or in hard copy at

the Air Planning Section (6PD-L),

Environmental Protection Agency, 1445

Ross Avenue, Suite 700, Dallas, Texas

75202-2733. The file will be made

available by appointment for public

inspection in the Region 6 FOIA Review

Room between the hours of 8:30 a.m.

and 4:30 p.m. weekdays except for legal

holidays. Contact the person listed in

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at

214-665-7253 to make an appointment.

If possible, please make the

appointment at least two working days

in advance of your visit. There will be

a 15 cent per page fee for making

photocopies of documents. On the day

of the visit, please check in at the EPA

Region 6 reception area at 1445 Ross

Avenue, Suite 700, Dallas, Texas.

FOR FURTHER INFORMATION CONTACT: Carl

Young, Air Planning Section (6PD-L),

Environmental Protection Agency,

Region 6, 1445 Ross Avenue, Suite 700,

Dallas, Texas 75202-2733, telephone

young.carl@epa.gov.