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44778 Federal Register / Vol. 72, No.

153 / Thursday, August 9, 2007 / Rules and Regulations

DEMARCATION (See 33 CFR 80.1470). means a cruise ship more than 300 feet Federal enforceability of the state air
The 100-yard security zone around each in length that carries passengers for hire, program plan and to maintain
LPV is activated and enforced whether and any passenger ferry more than 300 consistency between the state-adopted
the LPV is underway, moored, position- feet in length that carries passengers for plan and the approved SIP.
keeping, or anchored. hire. DATES: This direct final rule will be
(b) Definitions. As used in this (c) Regulations. (1) Under 33 CFR effective October 9, 2007, without
section, large passenger vessel or LPV 165.33, entry into the security zones further notice, unless EPA receives
means a cruise ship more than 300 feet created by this section is prohibited adverse comment by September 10,
in length that carries passengers for hire, unless authorized by the Coast Guard 2007. If adverse comment is received,
and any passenger ferry more than 300 Captain of the Port, Honolulu or his or EPA will publish a timely withdrawal of
feet in length that carries passengers for her designated representative. When the direct final rule in the Federal
hire. authorized passage through an LPV Register informing the public that the
(c) Regulations. (1) Under 33 CFR security zone, all vessels must operate at rule will not take effect.
165.33, entry into the security zones the minimum speed necessary to ADDRESSES: Submit your comments,
created by this section is prohibited maintain a safe course and must
unless authorized by the Coast Guard identified by Docket ID No. EPA–R07–
proceed as directed by the Captain of OAR–2007–0619, by one of the
Captain of the Port, Honolulu or his or the Port or his or her designated
her designated representative. When following methods:
representative. No person is allowed 1. http://www.regulations.gov. Follow
authorized passage through a large within 100 yards of a large passenger
passenger vessel security zone, all the on-line instructions for submitting
vessel that is underway, moored, comments.
vessels must operate at the minimum position-keeping, or at anchor, unless
speed necessary to maintain a safe 2. E-mail: algoe-eakin.amy@epa.gov.
authorized by the Captain of the Port or 3. Mail: Amy Algoe-Eakin,
course and must proceed as directed by his or her designated representative.
the Captain of the Port or his or her Environmental Protection Agency, Air
(2) When conditions permit, the Planning and Development Branch, 901
designated representatives. No person is Captain of the Port, or his or her
allowed within 100 yards of a large North 5th Street, Kansas City, Kansas
designated representative, may permit 66101.
passenger vessel that is underway, vessels that are at anchor, restricted in
moored, position-keeping, or at anchor, 4. Hand Delivery or Courier. Deliver
their ability to maneuver, or constrained your comments to Amy Algoe-Eakin,
unless authorized by the Captain of the by draft to remain within an LPV
Port or his or her designated Environmental Protection Agency, Air
security zone in order to ensure Planning and Development Branch, 901
representatives. navigational safety.
(2) When conditions permit, the North 5th Street, Kansas City, Kansas
Captain of the Port, or his or her * * * * * 66101.
designated representatives, may permit Dated: July 30, 2007. Instructions: Direct your comments to
vessels that are at anchor, restricted in Sally Brice-O’Hara, Docket ID No. EPA–R07–OAR–2007–
their ability to maneuver, or constrained Rear Admiral, U.S. Coast Guard, Commander, 0619. EPA’s policy is that all comments
by draft to remain within an LPV Fourteenth Coast Guard District. received will be included in the public
security zone in order to ensure [FR Doc. E7–15508 Filed 8–8–07; 8:45 am] docket without change and may be
navigational safety. made available on-line at http://
BILLING CODE 4910–15–P
* * * * * www.regulations.gov, including any
personal information provided, unless
■ 5. Amend § 165.1410 to revise
the comment includes information
paragraphs (a)(1), (a)(2), (b), (c)(1), and ENVIRONMENTAL PROTECTION claimed to be Confidential Business
(c)(2) to read as follows: AGENCY Information (CBI) or other information
§ 165.1410 Security Zones; Kauai, HI. 40 CFR Part 52 whose disclosure is restricted by statute.
(a) * * * Do not submit through http://
(1) Nawiliwili Harbor, Lihue, Kauai. [EPA–R07–OAR–2007–0619; FRL–8450–7] www.regulations.gov or e-mail
All waters extending 100 yards in all information that you consider to be CBI
Approval and Promulgation of or otherwise protected. The http://
directions from each large passenger
Implementation Plans; State of www.regulations.gov website is an
vessel in Nawiliwili Harbor, Kauai, HI
Missouri ‘‘anonymous access’’ system, which
or within 3 nautical miles seaward of
the Nawiliwili Harbor COLREGS AGENCY: Environmental Protection means EPA will not know your identity
DEMARCATION (See 33 CFR 80.1450). Agency (EPA). or contact information unless you
This is a moving security zone when the ACTION: Direct final rule. provide it in the body of your comment.
LPV is in transit and becomes a fixed If you send an e-mail comment directly
zone when the LPV is anchored, SUMMARY: The EPA is approving a to EPA without going through http://
position-keeping, or moored. revision to the maintenance plan www.regulations.gov, your e-mail
(2) Port Allen, Kauai. All waters prepared by Missouri to maintain the 8- address will be automatically captured
extending 100 yards in all directions hour national ambient air quality and included as part of the comment
from each large passenger vessel in Port standard (NAAQS) for ozone in the that is placed in the public docket and
Allen, Kauai, HI or within 3 nautical Missouri portion of the Kansas City made available on the Internet. If you
miles seaward of the Port Allen area. The Kansas City area is designated submit an electronic comment, EPA
COLREGS DEMARCATION (See 33 CFR attainment for the ozone NAAQS. This recommends that you include your
80.1440). This is a moving security zone revision is required by the Clean Air name and other contact information in
when the LPV is in transit and becomes Act. A similar final action pertaining to the body of your comment and with any
jlentini on PROD1PC65 with RULES

a fixed zone when the LPV is anchored, the Kansas portion of the Kansas City disk or CD–ROM you submit. If EPA
position-keeping, or moored. maintenance area is being done in cannot read your comment due to
(b) Definitions. As used in this conjunction with this rulemaking. The technical difficulties and cannot contact
section, large passenger vessel or LPV effect of this approval is to ensure you for clarification, EPA may not be

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Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Rules and Regulations 44779

able to consider your comment. What are the components of a Section highest. For Kansas City, these months
Electronic files should avoid the use of 110(a)(1) 8-hour ozone maintenance are June through August.
special characters, any form of plan? Maintenance Demonstration and
encryption, and be free of any defects or Tracking Progress: With regard to
On May 20, 2005, EPA issued
viruses. demonstrating continued maintenance
guidance that applies, in part, to areas
Docket: All documents in the of the 8-hour ozone standard, Missouri
that are designated attainment/
electronic docket are listed in the http:// projects that the total emissions from
unclassifiable for the 8-hour ozone
www.regulations.gov index. Although the entire Kansas City Maintenance
standard and that had an approved 1-
listed in the index, some information is Area (KCMA) will decrease during the
hour ozone maintenance plan. The
not publicly available, i.e., CBI or other ten-year maintenance period. MDNR has
purpose of the guidance, referred to as
information whose disclosure is projected emissions for 10 years from
Section 110(a)(1) guidance, is to assist
restricted by statute. Certain other the effective date of initial designations,
the states in the development of a SIP
material, such as copyrighted material, or 2014. In 2002, the total anthropogenic
which addresses the maintenance emissions in the entire KCMA were
is not placed on the Internet and will be requirements found in Section 110(a)(1)
publicly available only in hard copy 226.42 tons/ozone season day for VOCs
of the CAA. There are five components and 316.09 tons/ozone season day for
form. Publicly available docket of the Section 110(a)(1) maintenance
materials are available either NOX. The projected 2014 anthropogenic
plan which are: (1) An attainment emissions from the entire KCMA are
electronically in inventory, which is based on actual
http://www.regulations.gov or in hard 181.07 tons/ozone season day for VOCs
typical summer day emissions of and 180.08 tons/ozone season day for
copy at the Environmental Protection volatile organic compounds (VOCs) and
Agency, Air Planning and Development NOX. As such, the plan demonstrates
oxides of nitrogen (NOX) for a ten-year that, from an emissions projections
Branch, 901 North 5th Street, Kansas period from a base year as chosen by the
City, Kansas 66101. The Regional standpoint, emissions are projected to
state; (2) a maintenance demonstration decrease.
Office’s official hours of business are which shows how the area will remain It is important to note that the
Monday through Friday, 8 to 4:30 in compliance with the 8-hour ozone formation of ozone is dependent on a
excluding Federal holidays. The standard for 10 years after the effective number of variables which cannot be
interested persons wanting to examine date of designations (June 15, 2004); (3) estimated through emissions growth and
these documents should make an a commitment to continue to operate air reduction calculations. A few of these
appointment with the office at least 24 quality monitors; (4) a contingency plan variables include weather and the
hours in advance. that will ensure that a violation of the transport of ozone precursors from
FOR FURTHER INFORMATION CONTACT: 8-hour ozone NAAQS is promptly outside the maintenance area. In the
Amy Algoe-Eakin at (913) 551–7942, or addressed; and (5) an explanation of Section 110(a)(1) maintenance plan,
by e-mail at algoe-eakin.amy@epa.gov. how the state will track the progress of MDNR has indicated that the state will
SUPPLEMENTARY INFORMATION: the maintenance plan. track the progress of the maintenance
Throughout this document whenever How has the state addressed the plan by updating the emissions
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean components of a Section 110(a)(1) 8- inventory for the KCMA approximately
EPA. This section provides additional hour ozone maintenance plan? every three years. The years of 2005,
information by addressing the following 2008, and 2011 were chosen as the years
questions: Missouri Department of Natural in which emissions will be reviewed. A
Resources’ (MDNR) 8-hour ozone review of the 2005 emissions inventory
What is a Section 110(a)(1) maintenance maintenance plan addresses the
plan? is underway. The emissions inventory
components of the Section 110(a)(1) 8- update will include point, area, and
What are the components of a Section
110(a)(1) 8-hour ozone maintenance plan?
hour ozone maintenance as outlined in onroad and offroad emissions.
How has the state addressed the EPA’s May 20, 2005, guidance. Missouri Information from these future updates
components of a Section 110(a)(1) 8-hour has requested that the Section 110(a)(1) will be compared with the projected
ozone maintenance plan? 8-hour ozone maintenance plan replace growth estimates for the 2002 base
What action is EPA taking? the existing Section 175A 1-hour ozone inventory data to track maintenance of
maintenance plan. the standard.
What is a Section 110(a)(1)
Emissions Inventory: An emissions Ambient Monitoring: With regard to
maintenance plan?
inventory is an itemized list of emission the ambient air monitoring component
Section 110(a)(1) of the Clean Air Act estimates for sources of air pollution in of the maintenance plan, Missouri’s
(CAA or Act) requires, in part, that a given area for a specified time period. plan describes the ozone monitoring
states submit to EPA plans to maintain MDNR has provided a comprehensive network in Kansas City and explains
any NAAQS promulgated by EPA. EPA and current emissions inventory for that states and local air agencies are
interprets this provision to require that ozone precursors (NOX and VOCs) in responsible for the operation,
areas that were maintenance areas for the area. MDNR has chosen to use 2002 maintenance and data collection at
the 1-hour ozone NAAQS but as the base year from which it projects these monitoring sites. MDNR commits
attainment for the 8-hour ozone NAAQS emissions. The maintenance plan also to continue operating air quality
submit a plan to demonstrate the includes an explanation of the monitors in accordance with 40 CFR
continued maintenance of the 8-hour methodology used for determining the Part 58 to verify maintenance of the 8-
ozone NAAQS. EPA established June anthropogenic (point, area, and mobile hour ozone standard. If any changes to
15, 2007, three years after the effective sources) emissions in the maintenance the monitoring locations become
date of the initial 8-hour ozone area. The inventory is based on necessary, MDNR commits to working
designations, as the deadline for emissions for a typical ozone season with EPA to ensure that the adequacy of
jlentini on PROD1PC65 with RULES

submission of plans for these areas. day. The term ‘‘typical’’ refers to the monitoring network is maintained.
Missouri’s Section 110(a)(1) emissions expected on a typical Contingency Measures: EPA interprets
maintenance plan was received by EPA weekday during the months where Section 110(a)(1) of the CAA to require
on May 23, 2007. ozone concentrations are typically the that the state develop a contingency

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44780 Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Rules and Regulations

plan that will ensure that any violation sources; diesel Engine Chip Re-Flashing This rule also does not have tribal
of a NAAQS is promptly corrected. The regulations; or enacting the gas-cap implications because it will not have a
purposes of the contingency measures, testing program. If triggered, the Phase substantial direct effect on one or more
outlined in MDNR’s maintenance plan, 2 measures will be selected based on Indian tribes, on the relationship
are to achieve sufficient VOC and/or emission reduction benefits, cost between the Federal Government and
NOX emissions to reduce further ozone effectiveness and timeframe for Indian tribes, or on the distribution of
monitored concentrations. Missouri and implementation. MDNR also would power and responsibilities between the
Kansas worked together to design a two- consider additional potential measures Federal Government and Indian tribes,
phased approach for the contingency if other beneficial emission reduction as specified by Executive Order 13175
measure portion of the maintenance methods are determined to be useful to (65 FR 67249, November 9, 2000). This
plan. The approach includes specific the air quality in the KCMA. action also does not have Federalism
triggers for each phase. The triggers are implications because it does not have
What action is EPA taking?
the same for both states although the substantial direct effects on the States,
measures vary slightly. For Phase 1, the Missouri has addressed the on the relationship between the national
Missouri plan provides that a violation components of a maintenance plan government and the States, or on the
of the 8-hour ozone standard, once pursuant to EPA’s May 20, 2005, distribution of power and
quality assured, would trigger two guidance. The Section 110(a)(1) 8-hour responsibilities among the various
control measures, which are (1) early ozone Kansas City maintenance plan levels of government, as specified in
implementation of control devices on approved in this action will replace the Executive Order 13132 (64 FR 43255,
Clean Air Interstate Rule-(CAIR) affected existing Section 175A 1-hour ozone August 10, 1999). This action merely
coal-fired electric generating units; and maintenance plan. Existing VOC control approves a state rule implementing a
(2) an idle reduction regulation. rules included in the 1-hour Federal standard, and does not alter the
maintenance plan will remain in place. relationship or the distribution of power
Phase 2 contingency measures would Missouri has committed to
be triggered by the occurrences of either and responsibilities established in the
implementing the contingency measures CAA. This rule also is not subject to
of the following two events: (1) A three- within 24 months of the trigger date and Executive Order 13045, ‘‘Protection of
year design value for the area equaling will take action to maintain the standard Children from Environmental Health
or exceeding 0.089 parts per million in the event the contingency measures Risks and Safety Risks’’ (62 FR 19885,
(ppm) which would become active one are triggered. April 23, 1997), because it approves a
year following the end of the ozone We are processing this action as a state rule implementing a Federal
season that triggered the Phase 1 direct final action because we do not standard.
contingency measures or (2) three anticipate any adverse comments. In reviewing state submissions, EPA’s
consecutive years following the Phase 1 Please note that if EPA receives adverse role is to approve state choices,
trigger year with a design value greater comment on part of this rule and if that provided that they meet the criteria of
than 0.084 ppm. Either of these events part can be severed from the remainder the CAA. In this context, in the absence
would implement the selection of of the rule, EPA may adopt as final of a prior existing requirement for the
control measures of Phase 2. Following those parts of the rule that are not the State to use voluntary consensus
the implementation of Phase 1, if any subject of an adverse comment. standards (VCS), EPA has no authority
one year has a three-year design value to disapprove a state submission for
equaling or exceeding 0.085 ppm, an Statutory and Executive Order Reviews
failure to use VCS. It would thus be
evaluation to determine appropriate Under Executive Order 12866 (58 FR inconsistent with applicable law for
action will be undertaken by MDNR. 51735, October 4, 1993), this action is EPA, when it reviews a state
The purpose of delaying the potential not a ‘‘significant regulatory action’’ and submission, to use VCS in place of a
implementation of Phase 2 control therefore is not subject to review by the state submission that otherwise satisfies
measures for a period of time following Office of Management and Budget. For the provisions of the CAA. Thus, the
the implementation of Phase 1 is to this reason, this action is also not requirements of section 12(d) of the
allow for Phase 1 controls to be initiated subject to Executive Order 13211, National Technology Transfer and
and have an effect on air quality in the ‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C.
region before Phase 2 is implemented. It Significantly Affect Energy Supply, 272 note) do not apply. This rule does
also allows for further evaluation of the Distribution, or Use’’ (66 FR 28355, May not impose an information collection
various control measures that could be 22, 2001). This action merely approves burden under the provisions of the
implemented under Phase 2. Below are state law as meeting Federal Paperwork Reduction Act of 1995 (44
a few of the controls options being requirements and imposes no additional U.S.C. 3501 et seq.).
considered for Phase 2: NOX reductions requirements beyond those imposed by The Congressional Review Act, 5
to coal-fired electric generating units state law. Accordingly, the U.S.C. 801 et seq., as added by the Small
(EGUs) not covered under CAIR that Administrator certifies that this rule Business Regulatory Enforcement
exceed 100 tons of NOX emissions per will not have a significant economic Fairness Act of 1996, generally provides
year; NOX reductions from industrial impact on a substantial number of small that before a rule may take effect, the
boilers and process heaters that exceed entities under the Regulatory Flexibility agency promulgating the rule must
100 tons of NOX emissions per year; Act (5 U.S.C. 601 et seq.). Because this submit a rule report, which includes a
NOX reductions from cement kilns that rule approves pre-existing requirements copy of the rule, to each House of the
exceed 100 tons of NOX emissions per under state law and does not impose Congress and to the Comptroller General
year; lowering the threshold for major any additional enforceable duty beyond of the United States. EPA will submit a
sources of VOCs to 75 tons per year; that required by state law, it does not report containing this rule and other
enacting regulations to reduce VOC contain any unfunded mandate or required information to the U.S. Senate,
jlentini on PROD1PC65 with RULES

emissions from 46 architectural and significantly or uniquely affect small the U.S. House of Representatives, and
industrial maintenance coatings, governments, as described in the the Comptroller General of the United
including traffic coatings; enacting Unfunded Mandates Reform Act of 1995 States prior to publication of the rule in
emissions offsets of 1.1:1.0 for new (Pub. L. 104–4). the Federal Register. A major rule

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Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Rules and Regulations 44781

cannot take effect until 60 days after it enforce its requirements. (See section PART 52—[AMENDED]
is published in the Federal Register. 307(b)(2).)
This action is not a ‘‘major rule’’ as ■ 1. The authority citation for part 52
List of Subjects in 40 CFR Part 52
defined by 5 U.S.C. 804(2). continues to read as follows:
Under section 307(b)(1) of the CAA, Environmental protection, Air
Authority: 42 U.S.C. 7401 et seq.
petitions for judicial review of this pollution control, Carbon monoxide,
action must be filed in the United States Intergovernmental relations, Lead, Subpart AA—Missouri
Court of Appeals for the appropriate Nitrogen dioxide, Ozone, Particulate
circuit by October 9, 2007. Filing a matter, Reporting and recordkeeping
petition for reconsideration by the requirements, Sulfur oxides, Volatile ■ 2. In § 52.1320(e) the table is amended
Administrator of this final rule does not organic compounds. by adding an entry in numerical order
affect the finality of this rule for the Dated: July 27, 2007. to read as follows:
purposes of judicial review nor does it
John B. Askew, § 52.1320 Identification of plan.
extend the time within which a petition
for judicial review may be filed, and Regional Administrator, Region 7.
* * * * *
shall not postpone the effectiveness of ■ Chapter I, title 40 of the Code of (e) * * *
such rule or action. This action may not Federal Regulations is amended as
be challenged later in proceedings to follows:

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS


Name of nonregulatory SIP Applicable geographic or non- State submittal EPA approval date Explanation
provision attainment area date

* * * * * * *
(53) Maintenance Plan for the Kansas City ............................ 5/23/07 8/9/07 [insert FR page num- This plan replaces numbers
8-hour ozone standard in ber where the document (46) and (50).
the Missouri portion of the begins].
Kansas City area.

[FR Doc. E7–15264 Filed 8–8–07; 8:45 am] further notice, unless EPA receives whose disclosure is restricted by statute.
BILLING CODE 6560–50–P adverse comment by September 10, Do not submit through http://
2007. If adverse comment is received, www.regulations.gov or e-mail
EPA will publish a timely withdrawal of information that you consider to be CBI
ENVIRONMENTAL PROTECTION the direct final rule in the Federal or otherwise protected. The http://
AGENCY Register informing the public that the www.regulations.gov Web site is an
rule will not take effect. ‘‘anonymous access’’ system, which
40 CFR Part 52 means EPA will not know your identity
ADDRESSES: Submit your comments,
[EPA–R07–OAR–2007–0620; FRL–8450–5] identified by Docket ID No. EPA–R07– or contact information unless you
OAR–2007–0620, by one of the provide it in the body of your comment.
Approval and Promulgation of following methods: If you send an e-mail comment directly
Implementation Plans; State of Kansas 1. http://www.regulations.gov. Follow to EPA without going through http://
AGENCY: Environmental Protection the on-line instructions for submitting www.regulations.gov, your e-mail
Agency (EPA). comments. address will be automatically captured
2. E-mail: algoe-eakin.amy@epa.gov. and included as part of the comment
ACTION: Direct final rule.
3. Mail: Amy Algoe-Eakin, that is placed in the public docket and
SUMMARY: The EPA is approving a Environmental Protection Agency, Air made available on the Internet. If you
revision to the Kansas State Planning and Development Branch, 901 submit an electronic comment, EPA
Implementation Plan (SIP) prepared by North 5th Street, Kansas City, Kansas recommends that you include your
Kansas to maintain the 8-hour national 66101. name and other contact information in
ambient air quality standard (NAAQS) 4. Hand Delivery or Courier. Deliver the body of your comment and with any
for ozone in the Kansas portion of the your comments to Amy Algoe-Eakin, disk or CD-ROM you submit. If EPA
Kansas City area. The Kansas City area Environmental Protection Agency, Air cannot read your comment due to
is designated attainment for the ozone Planning and Development Branch, 901 technical difficulties and cannot contact
NAAQS. This revision is required by the North 5th Street, Kansas City, Kansas you for clarification, EPA may not be
Clean Air Act. A similar final 66101. able to consider your comment.
rulemaking pertaining to the Missouri Instructions: Direct your comments to Electronic files should avoid the use of
portion of the Kansas City maintenance Docket ID No. EPA–R07–OAR–2007– special characters, any form of
area is being done in conjunction with 0620. EPA’s policy is that all comments encryption, and be free of any defects or
this rulemaking. The effect of this received will be included in the public viruses.
approval is to ensure Federal docket without change and may be Docket: All documents in the
enforceability of the state air program made available online at http:// electronic docket are listed in the
plan and to maintain consistency www.regulations.gov, including any http://www.regulations.gov index.
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between the state-adopted plan and the personal information provided, unless Although listed in the index, some
approved SIP. the comment includes information information is not publicly available,
DATES: This direct final rule will be claimed to be Confidential Business i.e., CBI or other information whose
effective October 9, 2007, without Information (CBI) or other information disclosure is restricted by statute.

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