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36402 Federal Register / Vol. 72, No.

127 / Tuesday, July 3, 2007 / Proposed Rules

revising and updating accessibility intent to attend the meeting. This claimed to be Confidential Business
guidelines for telecommunications notification is required for expeditious Information (CBI) or other information
products and accessibility standards for entry into the facility and will enable whose disclosure is restricted by statute.
electronic and information technology. the Access Board to provide additional Do not submit information that you
The next committee meeting will take information as needed. consider to be CBI or otherwise
place on July 16–18, 2007. The meeting protected through www.regulations.gov
Lawrence W. Roffee,
will focus on reports and discussion of or e-mail. The www.regulations.gov Web
recommendations from the following Executive Director. site is an ‘‘anonymous access’’ system,
subcommittees: [FR Doc. E7–12811 Filed 7–2–07; 8:45 am] which means EPA will not know your
• Software, Web, and Content BILLING CODE 8150–01–P identity or contact information unless
• General Interface Requirements and you provide it in the body of your
Functional Performance Criteria comment. If you send an e-mail
• Computer Hardware ENVIRONMENTAL PROTECTION comment directly to EPA without going
• Subpart A AGENCY through www.regulations.gov, your e-
• Documentation and Technical mail address will be automatically
Support 40 CFR Part 52 captured and included as part of the
• Telecommunications comment that is placed in the public
• Audio/Visual [EPA–R03–OAR–2007–0451; FRL–8333–5]
docket and made available on the
• Self Contained, Closed Products
• Editorial Working Group Approval and Promulgation of Air Internet. If you submit an electronic
The meeting will also discuss the Quality Implementation Plans; comment, EPA recommends that you
status of the committee’s work to date Delaware; Control of VOC Emissions include your name and other contact
and when a final report may be ready from Crude Oil Lightering Operations information in the body of your
for presentation to the Access Board. comment and with any disk or CD–ROM
AGENCY: Environmental Protection you submit. If EPA cannot read your
The full agenda for the July 16–18, 2007 Agency (EPA).
meeting is available at http:// comment due to technical difficulties
ACTION: Proposed rule. and cannot contact you for clarification,
www.access-board.gov/sec508/refresh/
agenda.htm. Notices of future meetings EPA may not be able to consider your
SUMMARY: EPA is proposing to approve
will be published in the Federal comment. Electronic files should avoid
a State Implementation Plan (SIP) the use of special characters, any form
Register. revision submitted by the State of
Information about the committee, of encryption, and be free of any defects
Delaware. This SIP revision pertains to or viruses.
including future meeting dates is the control of volatile organic
available at http://www.access- Docket: All documents in the
compound (VOC) emissions from crude electronic docket are listed in the
board.gov/sec508/update-index.htm or oil lightering operations. This action is
at a special Web site created for the www.regulations.gov index. Although
being taken under the Clean Air Act listed in the index, some information is
committee’s work (http://teitac.org). The (CAA).
site includes a calendar for not publicly available i.e., CBI or other
subcommittee meetings, e-mail DATES: Written comments must be information whose disclosure is
distribution lists, and a ‘‘Wiki’’ (http:// received on or before August 2, 2007. restricted by statute. Certain other
teitac.org/wiki/TEITAC_Wiki) which ADDRESSES: Submit your comments, material, such as copyrighted material,
provides interactive online work space. identified by Docket ID Number EPA– is not placed on the Internet and will be
Committee meetings are open to the R03–OAR–2007–0451 by one of the publicly available only in hard copy
public and interested persons can attend following methods: form. Publicly available docket
the meetings and communicate their A. http://www.regulations.gov. Follow materials are available either
views. Members of the public will have the on-line instructions for submitting electronically in www.regulations.gov or
opportunities to address the committee comments. in hard copy during normal business
on issues of interest to them and the B. E-mail: hours at the Air Protection Division,
committee during public comment cripps.christopher@epa.gov. U.S. Environmental Protection Agency,
periods scheduled on each day of the C. Mail: EPA–R03–OAR–2007–0451, Region III, 1650 Arch Street,
meeting. Members of groups or Christopher Cripps, Acting Chief, Air Philadelphia, Pennsylvania 19103.
individuals who are not members of the Quality Planning Branch, Mailcode Copies of the State submittal are
committee are invited to participate on 3AP21, U.S. Environmental Protection available at the Delaware Department of
subcommittees; participation of this Agency, Region III, 1650 Arch Street, Natural Resources & Environmental
kind is very valuable to the advisory Philadelphia, Pennsylvania 19103. Control, 89 Kings Highway, P.O. Box
committee process. D. Hand Delivery: At the previously- 1401, Dover, Delaware 19901.
The meeting site is accessible to listed EPA Region III address. Such FOR FURTHER INFORMATION CONTACT: Rose
individuals with disabilities. Sign deliveries are only accepted during the Quinto, (215) 814–2182, or by e-mail at
language interpreters, an assistive Docket’s normal hours of operation, and quinto.rose@epa.gov.
listening system, and real-time special arrangements should be made SUPPLEMENTARY INFORMATION:
captioning will be provided. For the for deliveries of boxed information.
comfort of other participants, persons Instructions: Direct your comments to I. Background
attending committee meetings are Docket ID No. EPA–R03–OAR–2007– On May 2, 2007, the Delaware
requested to refrain from using perfume, 0451. EPA’s policy is that all comments Department of Natural Resources and
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cologne, and other fragrances. Due to received will be included in the public Environmental Control (DNREC)
security measures at the National docket without change, and may be submitted a revision to its SIP for
Science Foundation, all attendees must made available online at Regulation No. 1124, Section 46—
notify the Access Board’s receptionist at www.regulations.gov, including any Control of VOC Emissions from Crude
202–272–0007 or receptionist@access- personal information provided, unless Oil Lightering Operations. Lightering is
board.gov by July 11, 2007 of their the comment includes information the transfer at anchorage for some of the

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Federal Register / Vol. 72, No. 127 / Tuesday, July 3, 2007 / Proposed Rules 36403

contents of a larger oil tanker to a No. 1124, Section 46-Control of VOC subject to Executive Order 13045 (62 FR
smaller service vessel in order to allow Emissions from Crude Oil Lightering 19885, April 23, 1997), because it
the larger ship to navigate in shallower Operations submitted on May 2, 2007. approves a state rule implementing a
waters along the Delaware Bay. The This regulation will reduce VOC Federal standard.
VOC emissions released during crude emissions released during crude oil
In reviewing SIP submissions, EPA’s
oil lightering are a major source of VOC lightering operations in the State of
role is to approve state choices,
released in Delaware. Delaware. These reductions will aide in
attaining and maintaining the Federal provided that they meet the criteria of
II. Summary of SIP Revision the Clean Air Act. In this context, in the
health-based air quality standard for the
Delaware’s Regulation No. 1124, 8-hour ozone. EPA is soliciting public absence of a prior existing requirement
Section 46, applies to the owner or comments on the issues discussed in for the State to use voluntary consensus
operator of a lightering service that this document. These comments will be standards (VCS), EPA has no authority
carries out crude oil lightering considered before taking final action. to disapprove a SIP submission for
operations in the waters of Delaware failure to use VCS. It would thus be
which includes the Counties of New IV. Statutory and Executive Order inconsistent with applicable law for
Castle, Kent and Sussex. This regulation Reviews
EPA, when it reviews a SIP submission,
includes standards when carrying out a Under Executive Order 12866 (58 FR to use VCS in place of a SIP submission
lightering operation by vapor balancing. 51735, October 4, 1993), this proposed that otherwise satisfies the provisions of
Vapor balancing is the collection and action is not a ‘‘significant regulatory the Clean Air Act. Thus, the
transfer of vapors displaced by the action’’ and therefore is not subject to requirements of section 12(d) of the
incoming crude oil from the cargo tank review by the Office of Management and National Technology Transfer and
of a service vessel into a cargo tank of Budget. For this reason, this action is
Advancement Act of 1995 (15 U.S.C.
the ship to be lightered. A compliance also not subject to Executive Order
272 note) do not apply. As required by
schedule is also included in the 13211, ‘‘Actions Concerning Regulations
regulation that includes compliance That Significantly Affect Energy Supply, section 3 of Executive Order 12988 (61
standards; maximum allowable Distribution, or Use’’ (66 FR 28355 (May FR 4729, February 7 1996), in issuing
uncontrolled lightering volume; 22, 2001)). This action merely proposes this proposed rule, EPA has taken the
calculation of the total of uncontrolled to approve state law as meeting Federal necessary steps to eliminate drafting
lightering for any given lightering requirements and imposes no additional errors and ambiguity, minimize
operation; VOC emission reductions requirements beyond those imposed by potential litigation, and provide a clear
achieved by the lightering services to state law. Accordingly, the legal standard for affected conduct. EPA
below the maximum allowable Administrator certifies that this has complied with Executive Order
uncontrolled lightering volume; annual proposed rule will not have a significant 12630 (53 FR 8859, March 15, 1988) by
audits of lightering service records to economic impact on a substantial examining the takings implications of
identify the frequency and duration of number of small entities under the the rule in accordance with the
VOC ventings from the ships to be Regulatory Flexibility Act ( 5 U.S.C. 601 ‘‘Attorney General’s Supplemental
lightered; and ozone action day et seq.). Because this rule proposes to Guidelines for the Evaluation of Risk
limitations. In addition, a compliance approve pre-existing requirements and Avoidance of Unanticipated
plan will be developed and under state law and does not impose Takings’’ issued under the executive
implemented that describes how initial any additional enforceable duty beyond order. This proposed rule, pertaining to
and ongoing compliance will be that required by state law, it does not Delaware’s control of VOC emissions
demonstrated. Another requirement of contain any unfunded mandate or from crude oil lightering operations,
the regulation is that owner or operator significantly or uniquely affect small
does not impose an information
of an existing lightering service is to governments, as described in the
collection burden under the provisions
keep records specified in the regulation Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4). This proposed rule also of the Paperwork Reduction Act of 1995
for at least five years in a readily
does not have a substantial direct effect (44 U.S.C. 3501 et seq.).
accessible location, which is the service
vessel. The regulation also includes on one or more Indian tribes, on the List of Subjects in 40 CFR Part 52
reporting requirements. relationship between Federal
Implementation of the provisions of Government and Indian tribes, or on the Environmental protection, Air
this regulation will result in the distribution of power and pollution control, Ozone, Reporting and
reduction of VOCs released during responsibilities between the Federal recordkeeping requirements, Volatile
crude oil lightering operations. The Government and Indian tribes, as organic compounds.
regulation requires the increased use of specified by Executive Order 13175 (65
Authority: 42 U.S.C. 7401 et seq.
vapor balancing equipment over a FR 67249, November 9, 2000), nor will
reasonable time period that the industry it have substantial direct effects on the Dated: June 22, 2007.
has indicated to allow the changes to be States, on the relationship between the Donald S. Welsh,
made to the vessels or acquire newer national government and the States, or Regional Administrator, Region III.
vessels. The first regulatory deadline on the distribution of power and [FR Doc. 07–3227 Filed 7–2–07; 8:45 am]
will be an 80 percent limit to responsibilities among the various
BILLING CODE 6560–50–M
uncontrolled lightering out of all crude levels of government, as specified in
oil lightering volumes by May 1, 2008. Executive Order 13132 (64 FR 43255,
This level will reduce to 61 percent by August 10, 1999), because it merely
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May 1, 2010, and again be reduced to 43 proposes to approve a state rule


percent by May 1, 2012. implementing a Federal requirement,
and does not alter the relationship or
III. Proposed Action the distribution of power and
EPA is proposing to approve the responsibilities established in the Clean
Delaware SIP revision for Regulation Air Act. This proposed rule also is not

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