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70880 Federal Register / Vol. 71, No.

235 / Thursday, December 7, 2006 / Rules and Regulations

a drawbridge opening. Upbound vessels Regulation 61–62.1 ‘‘Definitions and may be made available online at
shall request openings in accordance General Requirements.’’ In the April 13, http://www.regulations.gov, including
with the normal flow procedures as set 2005, submission, Regulation 61–62.1 is any personal information provided,
forth above. The remote drawbridge being amended to be consistent with the unless the comment includes
operator shall keep all approaching new Federal emissions reporting information claimed to be Confidential
vessels informed of the position of the requirements, referred to as the Business Information (CBI) or other
drawbridge span. Consolidated Emissions Reporting Rule information whose disclosure is
(c) Across the Arkansas Waterway, the (CERR), and to streamline the existing restricted by statute. Do not submit
draw of the Van Buren Railroad emissions inventory requirements. SC through www.regulations.gov or e-mail,
Drawbridge, mile 300.8 at Van Buren, DHEC is taking an action that is information that you consider to be CBI
Arkansas, is maintained in the open consistent with the final rule, published or otherwise protected. The
position except as follows: on June 10, 2002 (67 FR 39602). www.regulations.gov is an ‘‘anonymous
(1) When a train approaches the The October 24, 2005 submittal access’’ system, which means EPA will
bridge, amber lights attached to the revises the definition of Volatile Organic not know your identity or contact
bridge begin to flash and an audible Compounds (VOC). The revision adds information unless you provide it in the
signal on the bridge sounds. At the end several compounds to the list of body of your comment. If you send an
of 10 minutes, the amber light continues compounds excluded from the e-mail comment directly to EPA without
to flash; however, the audible signal definition of VOC on the basis that they going through www.regulations.gov,
stops and the draw lowers and locks if make a negligible contribution to ozone your e-mail address will be
the photoelectric boat detection system formation, and similarly removes automatically captured and included as
detects no obstruction under the span. several compounds from the definition part of the comment that is placed in the
If there is an obstruction, the draw of VOC. public docket and made available on the
opens to its full height until the This action is being taken pursuant to Internet. If you submit an electronic
obstruction is cleared. section 110 of the Clean Air Act (CAA). comment, EPA recommends that you
(2) After the train clears the bridge, DATES: This direct final rule is effective include your name and other contact
the draw opens to its full height, the February 5, 2007 without further notice, information in the body of your
amber flashing light stops, and the mid unless EPA receives adverse comment comment and with any disk or CD–ROM
channel lights change from red to green, by January 8, 2007. If adverse comment you submit. If EPA cannot read your
indicating the navigation channel is is received, EPA will publish a timely comment due to technical difficulties
open for the passage of vessels. withdrawal of the direct final rule in the and cannot contact you for clarification,
Federal Register and inform the public EPA may not be able to consider your
§ 117.139 [Amended] comment. Electronic files should avoid
that the rule will not take effect.
■ 3. In § 117.139, remove paragraph (a); ADDRESSES: Submit your comments, the use of special characters, any form
and redesignate paragraphs (b) and (c) identified by Docket ID No. ‘‘EPA–R04– of encryption, and be free of any defects
as paragraphs (a) and (b), respectively. OAR–2005–SC–0003, EPA–R04–OAR– or viruses. For additional information
Dated: November 6, 2006. 2005–SC–0005’’ by one of the following about public docket visit the EPA
Ronald W. Branch, methods: Docket Center at http://www.epa.gov/
1. http://www.regulations.gov: Follow epahome/dockets.htm.
Captain, U.S. Coast Guard Commander, 8th
Coast Guard Dist, Acting. the online instructions for submitting Docket: All documents in the
comments. electronic docket are listed in the
[FR Doc. E6–20706 Filed 12–6–06; 8:45 am]
2. E-mail: ward.nacosta@epa.gov. www.regulations.gov index. Although
BILLING CODE 4910–15–P
3. Fax: 404–562–9019. listed in the index, some information is
4. Mail: ‘‘EPA–R04–OAR–2005–SC– not publicly available, i.e., CBI or other
0003, EPA–R04–OAR–2005–SC–0005,’’ information whose disclosure is
ENVIRONMENTAL PROTECTION restricted by statute. Certain other
Regulatory Development Section, Air
AGENCY material, such as copyrighted material,
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S. is not placed on the Internet and will be
40 CFR Part 52 publicly available only in hard copy
Environmental Protection Agency,
[EPA–R04–OAR–2005–SC–0003; EPA–R04– Region Forsyth Street, SW., Atlanta, form. Publicly available docket
OAR–2005–SC–0005–200620b; FRL–8252– Georgia 30303–8960. materials are available either
9] 5. Hand Delivery or Courier: Nacosta electronically in www.regulations.gov or
Ward, Regulatory Development Section, in hard copy at the Regulatory
Approval and Promulgation of Development Section, Air Planning
Air Planning Branch, Air, Pesticides and
Implementation Plans; South Carolina: Branch, Air, Pesticides and Toxics
Toxics Management Division floor, U.S.
Revisions to State Implementation Management Division, U.S.
Environmental Protection Agency,
Plan Environmental Protection Agency,
Region Forsyth Street, SW., Atlanta,
AGENCY: Environmental Protection Georgia 30303–8960. Such deliveries are Region Forsyth Street, SW., Atlanta,
Agency (EPA). only accepted during the Regional Georgia 30303–8960. EPA requests that
Office’s normal hours of operation. The if at all possible, you contact the person
ACTION: Direct final rule.
Regional Office’s official hours of listed in the FOR FURTHER INFORMATION
SUMMARY: EPA is approving several business are Monday through Friday, CONTACT section to schedule your
revisions to the South Carolina State 8:30 to 4:30 excluding federal holidays. inspection. The Regional Office’s
Implementation Plan (SIP), submitted Instructions: Direct your comments to official hours of business are 8:30 to
by the South Carolina Department of EPA Docket ID No. ‘‘R04–OAR–2005– 4:30, excluding federal holidays.
Health and Environmental Control (SC SC–0005–SC–0003, EPA–R04–OAR– FOR FURTHER INFORMATION CONTACT:
DHEC) on April 13, 2005, and October 2005–SC–005.’’ EPA’s policy is that all Nacosta Ward, Regulatory Development
24, 2005. Both revisions include comments received will be included in Section, Air Planning Branch, Air,
modifications to South Carolina’s the public docket without change and Pesticides and Toxics Management

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Federal Register / Vol. 71, No. 235 / Thursday, December 7, 2006 / Rules and Regulations 70881

Division, U.S. Environmental Protection Revisions Submitted on October 24, • (CF3)2CFCF2OC2H5 to (2-
Agency, Region 4, 61 Forsyth Street, 2005 (ethoxydi&fnl;fluoromethyl)-
SW., Atlanta, Georgia 30303–8960. The (1,1,1,2,3,3,3-heptafluoropropane)
Tropospheric ozone, a major • CFC–113 (1,1,2-trichloro-1,2,2-
telephone number is (404) 562–9040. component of smog, is formed when
Ms. Ward can also be reached via trifluoroethane)
VOCs and nitrogen oxides react in the • CFC–114 (1,2-dichloro-1,1,2,2-
electronic mail at atmosphere. Because of the harmful
ward.nacosta@epa.gov. tetrafluoroethane)
health effects of ozone, EPA limits the • HCFC–123 (1,1,1-trifluoro-2,2-
SUPPLEMENTARY INFORMATION:
amount of VOCs and that can be dichloroethane)
released into the atmosphere. VOCs are • HCFC–134a (1,1,1,2-
I. Today’s Action those compounds of carbon (excluding tetrafluoroethane)
carbon monoxide, carbon dioxide, • HCFC–141b (1,1-dichloro-1-
Revisions Submitted on April 13, 2005 carbonic acid, metallic carbides, or fluoroethane)
On April 13, 2005, SC DHEC carbonates, and ammonium carbonate) • HCFC–142b (1-chloro-1,1-
submitted proposed SIP revisions to which form ozone through atmospheric difluoroethane)
photochemical reactions. Compounds of • HFC–227ea (1,1,1,2,3,3,3-
EPA for review and approval into the
carbon (or organic compounds) have heptafluoropropane)
South Carolina SIP. The proposed • HFE–7000 (1,1,1,2,2,3,3-heptafluoro-
revisions include changes made by the different levels of reactivity; they do not
react at the same speed, or do not form 3-methoxy-propane) or
State of South Carolina to Regulation (n-C3F7OCH3)
ozone to the same extent. It has been
61–62.1, regarding CERR reporting • HFE–7100 (1,1,1,2,2,3,3,4,4-
EPA’s policy that compounds of carbon
requirements. The rules became state nonafluoro-4-methoxybutane) or
with a negligible level of reactivity need
effective on February 25, 2005. The (C4F9OCH3)
not be regulated to reduce ozone (see 42
purpose of the CERR is to simplify FR 35314, July 8, 1977). EPA determines • HFE–7200 (1-ethoxy-1,1,2,2,3,3,4,4,4-
emissions reporting, establish new whether a given carbon compound has nonafluorobutane) or (C4F9OC2H5)
reporting requirements for PM2.5 and • HFE–7500 (3-ethoxy-
‘‘negligible’’ reactivity by comparing the
establish statewide reporting of area 1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-
compound’s reactivity to the reactivity
source and mobile source emissions. (trifluoromethyl) hexane
of ethane. EPA lists these compounds in • Methylene chloride
Currently, the CERR requires that all its regulations (at 40 CFR 51.100(s)) and
facilities needing to obtain a Title V (dichloromethane)
excludes them from the definition of • Methyle formate (HCOOCH3)
permit must submit an emissions VOC. The chemicals on this list are • Perchloroethylene
inventory every two years. often called ‘‘negligibly reactive.’’ EPA (tetrachloroethylene); and
Approximately 50 of the 354 current may periodically revise the list of perfluorocarbon compounds that fall
Title V sources (Type A sources) will be negligibly reactive compounds to add into these classes:
required to increase their emissions compounds to or delete them from the (i) Cyclic, branched, or linear,
inventory reporting to an annual basis. list. EPA promulgated such changes on completely fluorinated alkanes;
However, the majority of the Title V November 29, 2004 (69 FR 69298). (ii) Cyclic, branched, or linear,
sources (Type B sources) with fewer On October 24, 2005, SC DHEC completely fluorinated alkanes;
emissions, approximately 80 of 354 submitted proposed SIP revisions to (iii) Cyclic, branched, or linear,
current sources, will only need to EPA for review and approval into the completely fluorinated ethers with no
submit their emissions inventory every South Carolina SIP. The proposed unsaturations;
three years. Thus, the reporting revisions include changes made by the (iv) Sulfur containing
requirements for these sources will State of South Carolina to Regulation perfluorocarbons with no unsaturations
decrease from every other year to every 61–62.1, regarding the definition of and with sulfur bonds only to carbon
third year. The remaining Title V VOC, to reflect EPA’s November 29, and fluorine.
sources, except those that emit 2004, changes. The rules became state II. Final Action
significant hazardous air pollutants effective on August 26, 2005.
Specifically, South Carolina is removing EPA is approving revisions to South
(HAPs) will gain an even greater
the following compounds from the Carolina’s Regulation 61–62.1
decrease in the reporting requirements.
definition of VOC: ‘‘Definitions and General
If those sources have submitted an
Requirements.’’ These revisions include
initial inventory, no further reporting • 2 (ethoxydifluoromethyl) changes to the CERR reporting
will be required. Those sources that (1,1,1,2,3,3,3 heptafluoropropane) requirements, and the definition of
emit significant HAPs will also have a • (C4F9OCH3) (1,1,1,2,2,3,3,4,4 VOCs. These changes are consistent
decrease in reporting requirements, nonafluoro 4 methoxybutane) with the CAA.
from every other year to every three • (C4F9OC2H5) (1 ethoxy EPA is publishing this rule without
years. SC DHEC is revising these 1,1,2,2,3,3,4,4,4 nonafluorobutane) prior proposal because the Agency
revisions to be consistent with the new • CFC–113 (trichlorotrifluoroethane) views this as a noncontroversial
Federal emissions reporting • CFC–114 (dichlorotetrafluoroethane) submittal and anticipates no adverse
requirements, and to revise existing • HCFC–123 (dichlorotrifluoroethane) comments. However, in the proposed
State specific requirements to rules section of this Federal Register
• HCFC–134a (tetrafluoroethane)
streamline the reporting process. EPA is publication, EPA is publishing a
• HCFC–141b (dichlorofluoroethane)
now taking direct final action to separate document that will serve as the
approve the proposed revisions, which • HCFC–142b (chlorodifluoroethane)
proposal to approve the SIP revision
include revising the CERR emissions • Methylene chloride should adverse comments be filed. This
reporting regulations. The proposed • Perchloroethylene rule will be effective February 5, 2007
revisions summarized above are South Carolina is adding the without further notice unless the
approvable pursuant to section 110 of following compounds to the definition Agency receives adverse comments by
the CAA. of VOC: January 8, 2007.

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70882 Federal Register / Vol. 71, No. 235 / Thursday, December 7, 2006 / Rules and Regulations

If EPA receives such comments, then as specified by Executive Order 13175 the U.S. House of Representatives, and
EPA will publish a document (65 FR 67249, November 9, 2000). This the Comptroller General of the United
withdrawing the final rule and action also does not have Federalism States prior to publication of the rule in
informing the public that the rule will implications because it does not have the Federal Register. A major rule
not take effect. All public comments substantial direct effects on the States, cannot take effect until 60 days after it
received will then be addressed in a on the relationship between the national is published in the Federal Register.
subsequent final rule based on the government and the States, or on the This action is not a ‘‘major rule’’ as
proposed rule. EPA will not institute a distribution of power and defined by 5 U.S.C. 804(2).
second comment period. Parties responsibilities among the various Under section 307(b)(1) of the CAA,
interested in commenting should do so levels of government, as specified in petitions for judicial review of this
at this time. If no such comments are Executive Order 13132 (64 FR 43255, action must be filed in the United States
received, the public is advised that this August 10, 1999). This action merely Court of Appeals for the appropriate
rule will be effective on February 5, approves a State rule implementing a circuit by February 5, 2007. Filing a
2007 and no further action will be taken Federal standard, and does not alter the petition for reconsideration by the
on the proposed rule. relationship or the distribution of power Administrator of this final rule does not
and responsibilities established in the affect the finality of this rule for the
III. Statutory and Executive Order
CAA. This rule also is not subject to purposes of judicial review nor does it
Reviews
Executive Order 13045, ‘‘Protection of extend the time within which a petition
Under Executive Order 12866 (58 FR Children from Environmental Health for judicial review may be filed, and
51735, October 4, 1993), this action is Risks and Safety Risks’’ (62 FR 19885, shall not postpone the effectiveness of
not a ‘‘significant regulatory action’’ and April 23, 1997), because it is not such rule or action. This action may not
therefore is not subject to review by the economically significant. be challenged later in proceedings to
Office of Management and Budget. For In reviewing SIP submissions, EPA’s enforce its requirements. (See section
this reason, this action is also not role is to approve State choices,
subject to Executive Order 13211, 307(b)(2)).
provided that they meet the criteria of
‘‘Actions Concerning Regulations That the CAA. In this context, in the absence List of Subjects in 40 CFR Part 52
Significantly Affect Energy Supply, of a prior existing requirement for the
Distribution, or Use’’ (66 FR 28355, May Environmental protection, Air
State to use voluntary consensus
22, 2001). This action merely approves pollution control, Carbon monoxide,
standards (VCS), EPA has no authority
state law as meeting Federal to disapprove a SIP submission for Intergovernmental relations, Nitrogen
requirements and imposes no additional failure to use VCS. It would thus be dioxide, Ozone, Particulate matter,
requirements beyond those imposed by inconsistent with applicable law for Reporting and recordkeeping
state law. Accordingly, the EPA, when it reviews a SIP submission, requirements, Sulfur oxides, Volatile
Administrator certifies that this rule to use VCS in place of a SIP submission organic compounds.
will not have a significant economic that otherwise satisfies the provisions of Dated: November 21, 2006.
impact on a substantial number of small the CAA. Thus, the requirements of A. Stanley Meiburg,
entities under the Regulatory Flexibility section 12(d) of the National Acting Regional Administrator, Region 4.
Act (5 U.S.C. 601 et seq.). Because this Technology Transfer and Advancement
rule approves pre-existing requirements Act of 1995 (15 U.S.C. 272 note) do not ■ Amend 40 CFR part 52 as follows:
under state law and does not impose apply. This rule does not impose an PART 52—[AMENDED]
any additional enforceable duty beyond information collection burden under the
that required by state law, it does not provisions of the Paperwork Reduction ■ 1. The authority citation for part 52
contain any unfunded mandate or Act of 1995 (44 U.S.C. 3501 et seq.). continues to read as follows:
significantly or uniquely affect small The Congressional Review Act, U.S.C.
Authority: 42 U.S.C. 7401 et seq.
governments, as described in the section 801 et seq., as added by the
Unfunded Mandates Reform Act of 1995 Small Business Regulatory Enforcement Subpart PP—South Carolina
(Pub. L. 104–4). Fairness Act of 1996, generally provides
This rule also does not have tribal that before a rule may take effect, the ■ 2. Section 52.2120(c) is amended
implications because it will not have a agency promulgating the rule must under Regulation No. 62.1 by revising
substantial direct effect on one or more submit a rule report, which includes a entries for ‘‘Section I’’ and ‘‘Section III’’
Indian tribes, on the relationship copy of the rule, to each House of the to read as follows:
between the Federal Government and Congress and to the Comptroller General
Indian tribes, or on the distribution of of the United States. EPA will submit a § 52.2120 Identification of Plan.
power and responsibilities between the report containing this rule and other * * * * *
Federal Government and Indian tribes, required information to the U.S. Senate, (c) * * *

AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA


State State effective EPA approval Federal Register
Title/subject
citation date date notice

Regulation No. 62.1 Definitions and General Requirements

Section I ... Definitions ...................................................................................................... 08/26/2005 12/07/2006 [Insert citation


of publication].

* * * * * * *
Section III Emissions Inventory ...................................................................................... 02/25/2005 12/07/2006 [Insert citation
of publication].

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Federal Register / Vol. 71, No. 235 / Thursday, December 7, 2006 / Rules and Regulations 70883

AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA—Continued


State State effective EPA approval Federal Register
Title/subject
citation date date notice

* * * * * * *

* * * * * Instructions: Direct your comments to Control, 89 Kings Highway, P.O. Box


[FR Doc. E6–20767 Filed 12–6–06; 8:45 am] Docket ID No. EPA–R03–OAR–2006– 1401, Dover, Delaware 19903.
BILLING CODE 6560–50–P 0696. EPA’s policy is that all comments FOR FURTHER INFORMATION CONTACT:
received will be included in the public Rosemarie Nino, (215) 814–3377, or by
docket without change, and may be e-mail at nino.rose@epa.gov.
ENVIRONMENTAL PROTECTION made available online at SUPPLEMENTARY INFORMATION:
AGENCY www.regulations.gov, including any
personal information provided, unless I. Background
40 CFR Part 52 the comment includes information On June 15, 2006, Delaware submitted
[EPA–R03–OAR–2006–0696; FRL–8252–5] claimed to be Confidential Business a formal revision to its State
Information (CBI) or other information Implementation Plan (SIP). The SIP
Approval and Promulgation of Air whose disclosure is restricted by statute. revision consists of ‘‘Regulation 1102—
Quality Implementation Plans; Do not submit information that you Permits’’ adopted by the State of
Delaware; Revisions to Regulation consider to be CBI or otherwise Delaware on May 15, 2006 and effective
1102—Permits protected through www.regulations.gov June 11, 2006. The State amended the
or e-mail. The www.regulations.gov Web regulation in order to (1) ensure that the
AGENCY: Environmental Protection site is an ‘‘anonymous access’’ system,
Agency (EPA). regulatory language is clear that all
which means EPA will not know your Regulation 1102 permits are federally
ACTION: Direct final rule. identity or contact information unless enforceable, regardless of whether they
you provide it in the body of your are intended to limit potential to emit;
SUMMARY: EPA is taking direct final
comment. If you send an e-mail and, (2) the renumbering of the
action to approve revisions to comment directly to EPA without going
Delaware’s State Implementation Plan regulation to be consistent with the style
through www.regulations.gov, your e-
(SIP). The revisions ensure that all manual of the Code of Delaware
mail address will be automatically
preconstruction air quality permits Regulations.
captured and included as part of the
issued pursuant to Delaware’s Delaware is seeking approval of these
comment that is placed in the public
Regulation 1102 are federally amendments to this rule pursuant to 40
docket and made available on the
enforceable, regardless of whether they CFR Part 51 Subpart I and Section
Internet. If you submit an electronic
are intended to limit a source’s potential 110(a)(2)(C) of the federal Clean Air Act
comment, EPA recommends that you
to emit. EPA is approving these (CAA) as amended November 15, 1990.
include your name and other contact
revisions to Delaware’s SIP in information in the body of your II. Summary of SIP Revision
accordance with the requirements of the comment and with any disk or CD–ROM
Clean Air Act. EPA is proposing to approve this
you submit. If EPA cannot read your revision to incorporate into the
DATES: This rule is effective on February comment due to technical difficulties
5, 2007 without further notice, unless Delaware SIP amendments to Regulation
and cannot contact you for clarification, 1102 (formerly Regulation 2)—
EPA receives adverse written comment EPA may not be able to consider your
by January 8, 2007. If EPA receives such ‘‘Permits’’ as submitted by Delaware
comment. Electronic files should avoid Natural Resources and Environmental
comments, it will publish a timely the use of special characters, any form
withdrawal of the direct final rule in the Control (DNREC) on June 15, 2006. This
of encryption, and be free of any defects
Federal Register and inform the public approval action will effectively replace
or viruses.
that the rule will not take effect. Docket: All documents in the the previously-approved version of
electronic docket are listed in the ‘‘Regulation 2—Permits,’’ renumbered
ADDRESSES: Submit your comments,
www.regulations.gov index. Although with this revision to be ‘‘Regulation
identified by Docket ID Number EPA–
listed in the index, some information is 1102—Permits,’’ as approved into
R03–OAR–2006–0696 by one of the
not publicly available, i.e., CBI or other Delaware’s SIP on January 11, 2006 (65
following methods:
information whose disclosure is FR 2048).
A. www.regulations.gov. Follow the
on-line instructions for submitting restricted by statute. Certain other III. Program Review
comments. material, such as copyrighted material,
B. E-mail: campbell.dave@epa.gov. is not placed on the Internet and will be A. What is being addressed in this
C. Mail: EPA–R03–OAR–2006–0696, publicly available only in hard copy document?
David Campbell, Chief, Permits and form. Publicly available docket On June 15, 2006, DNEC submitted
Technical Assessment Branch, Mailcode materials are available either regulatory revision to EPA for approval.
3AP11, U.S. Environmental Protection electronically in www.regulations.gov or The submittal consists of Delaware Rule
Agency, Region III, 1650 Arch Street, in hard copy during normal business entitled ‘‘Regulation 1102—Permits’’
Philadelphia, Pennsylvania 19103. hours at the Air Protection Division, adopted on May 15, 2006 and effective
D. Hand Delivery: At the previously- U.S. Environmental Protection Agency, June 11, 2006.
listed EPA Region III address. Such Region III, 1650 Arch Street,
deliveries are only accepted during the Philadelphia, Pennsylvania 19103. B. What are the program changes that
Docket’s normal hours of operation, and Copies of the State submittal are EPA is approving?
special arrangements should be made available at the Delaware Department of EPA is approving Delaware’s
for deliveries of boxed information. Natural Resources & Environmental revisions to Regulation 1102—Permits.

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