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20428 Federal Register / Vol. 72, No.

79 / Wednesday, April 25, 2007 / Rules and Regulations

extension and courses approved on the student attending the teaching deliveries are only accepted during the
notice of approval sent to the location(s) for which the certifying Docket’s normal hours of operation, and
educational institution pursuant to official has been designated special arrangements should be made
§ 21.4258 of this part. responsibility. These records may be for deliveries of boxed information.
(f) Exceptions to the requirement that originals, certified copies, or in an Instructions: Direct your comments to
each location where the course or electronically formatted record keeping Docket ID No. EPA–R03–OAR–2007–
program is offered must have a system. 0254. EPA’s policy is that all comments
certifying official on site. Exceptions to (Authority: 38 U.S.C. 3672) received will be included in the public
the requirement in paragraph (c) of this
docket without change, and may be
section, that each location with an (The Office of Management and Budget
made available online at
approved course or program of has approved the information collection
www.regulations.gov, including any
education must have a certifying official requirements in this section under
personal information provided, unless
on site, will be permitted for— control number 2900–0073)
(1) Extensions of an educational the comment includes information
[FR Doc. E7–7810 Filed 4–24–07; 8:45 am] claimed to be Confidential Business
institution when the State approving
agency combines the approval of the
BILLING CODE 8320–01–P Information (CBI) or other information
courses offered by the extension with a whose disclosure is restricted by statute.
branch campus or main campus. (See Do not submit information that you
paragraph (e) of this section.) ENVIRONMENTAL PROTECTION consider to be CBI or otherwise
(2) Educational institutions with more AGENCY protected through www.regulations.gov
than one campus within the same State or e-mail. The www.regulations.gov Web
40 CFR Part 70 site is an ‘‘anonymous access’’ system,
if the main campus—
(i) Maintains a centralized [EPA–R03–OAR–2007–0254; FRL–8304–8] which means EPA will not know your
recordkeeping system. (See paragraph identity or contact information unless
(d)(1) of this section.); State Operating Permit Programs; you provide it in the body of your
(ii) Has administrative capability for Maryland; Revisions to the Acid Rain comment. If you send an e-mail
the branch campus (or branch Regulations comment directly to EPA without going
campuses) within the same State; and through www.regulations.gov, your e-
AGENCY: Environmental Protection
(iii) Centralizes its certifying official mail address will be automatically
Agency (EPA).
function at the main campus. captured and included as part of the
(3) Educational institutions with ACTION: Direct final rule. comment that is placed in the public
multi-state campuses when an docket and made available on the
SUMMARY: EPA is taking direct final
educational institution wants to Internet. If you submit an electronic
action to approve revisions to the
centralize its certifying official function comment, EPA recommends that you
Maryland operating permit program.
into one or more locations if: include your name and other contact
The revisions amend the Code of
(i) The educational institution information in the body of your
Maryland Administrative Regulations’
submits all required reports and comment and with any disk or CD–ROM
(COMAR) incorporation by reference
certifications that §§ 21.4203, 21.4204, you submit. If EPA cannot read your
citations to ensure that future changes to
21.5810, 21.5812, 21.7152, and 21.7652 comment due to technical difficulties
the Federal Acid Rain program will
require via electronic submission and cannot contact you for clarification,
continue to be incorporated into
through VA’s Internet-based education EPA may not be able to consider your
Maryland’s regulations. EPA is
certification application; comment. Electronic files should avoid
(ii) The educational institution approving these revisions in accordance
with the requirements of the Clean Air the use of special characters, any form
designates an employee, at each of encryption, and be free of any defects
teaching location of the educational Act.
DATES: This rule is effective on June 25, or viruses.
institution that does not have a
certifying official present, to serve as a 2007 without further notice, unless EPA Docket. All documents in the
point-of-contact for veterans, receives adverse written comment by electronic docket are listed in the
servicemembers, reservists, or other May 25, 2007. If EPA receives such www.regulations.gov index. Although
eligible persons; the certifying comments, it will publish a timely listed in the index, some information is
official(s); the State approving agency of withdrawal of the direct final rule in the not publicly available, i.e., CBI or other
jurisdiction; and VA. The designated Federal Register and inform the public information whose disclosure is
employee must have access (other than that the rule will not take effect. restricted by statute. Certain other
to transmit certifications) to VA’s ADDRESSES: Submit your comments, material, such as copyrighted material,
Internet-based education certification identified by Docket ID Number EPA– is not placed on the Internet and will be
application to provide certification R03–OAR–2007–0254 by one of the publicly available only in hard copy
information to veterans, following methods: form. Publicly available docket
servicemembers, reservists, or other A. www.regulations.gov. Follow the materials are available either
eligible persons, State approving agency on-line instructions for submitting electronically in www.regulations.gov or
representatives, and VA representatives; comments. in hard copy during normal business
(iii) Each certifying official uses the B. E-mail: campbell.dave@epa.gov. hours at the Air Protection Division,
VA facility code for the location that has C. Mail: EPA–R03–OAR–2007–0254, U.S. Environmental Protection Agency,
administrative capability for the David Campbell, Chief, Permits and Region III, 1650 Arch Street,
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teaching location where the student is Technical Assessment Branch, Mailcode Philadelphia, Pennsylvania 19103.
training when submitting required 3AP11, U.S. Environmental Protection Copies of the State submittal are
reports and certifications to VA; and Agency, Region III, 1650 Arch Street, available at the Maryland Department of
(iv) Each certifying official has full Philadelphia, Pennsylvania 19103. the Environment, 1800 Washington
access to the administrative records and D. Hand Delivery: At the previously- Boulevard, Suite 705, Baltimore,
accounts that § 21.4209 requires for each listed EPA Region III address. Such Maryland 21230.

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Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Rules and Regulations 20429

FOR FURTHER INFORMATION CONTACT: Paul Distribution, or Use’’ (66 FR 28355, May 272 note) do not apply. This rule does
Arnold, (215) 814–2194, or by e-mail at 22, 2001). This action merely approves not impose an information collection
arnold.paul@epa.gov. state law as meeting Federal burden under the provisions of the
SUPPLEMENTARY INFORMATION: requirements and imposes no additional Paperwork Reduction Act of 1995 (44
requirements beyond those imposed by U.S.C. 3501 et seq.).
I. Background state law. Accordingly, the
Administrator certifies that this rule B. Submission to Congress and the
On February 13, 2007, Maryland
will not have a significant economic Comptroller General
submitted a formal revision to its Title
V operating permit program. The impact on a substantial number of small The Congressional Review Act, 5
revisions amend The Code of Maryland entities under the Regulatory Flexibility U.S.C. 801 et seq., as added by the Small
Administrative Regulations’ (COMAR) Act (5 U.S.C. 601 et seq.). Because this Business Regulatory Enforcement
incorporation by reference citations to rule approves pre-existing requirements Fairness Act of 1996, generally provides
ensure that future changes to the under state law and does not impose that before a rule may take effect, the
Federal Acid Rain program will any additional enforceable duty beyond agency promulgating the rule must
continue to be incorporated into that required by state law, it does not submit a rule report, which includes a
Maryland’s regulations. contain any unfunded mandate or copy of the rule, to each House of the
significantly or uniquely affect small Congress and to the Comptroller General
II. Summary of Title V Program governments, as described in the
Revision of the United States. EPA will submit a
Unfunded Mandates Reform Act of 1995 report containing this rule and other
Both COMAR 26.11.02.01 and (Public Law 104–4). This rule also does required information to the U.S. Senate,
26.11.03.01 currently incorporate by not have tribal implications because it the U.S. House of Representatives, and
reference the Federal Acid Rain will not have a substantial direct effect the Comptroller General of the United
Program. These revisions will update on one or more Indian tribes, on the States prior to publication of the rule in
COMAR 26.11.02.01 and COMAR relationship between the Federal the Federal Register. This rule is not a
26.11.03.01 to ensure that future Government and Indian tribes, or on the ‘‘major rule’’ as defined by 5 U.S.C.
changes to the Federal program will distribution of power and 804(2).
continue to be incorporated by reference responsibilities between the Federal
into Maryland’s regulations. Government and Indian tribes, as C. Petitions for Judicial Review
III. Final Action specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This Under section 307(b)(1) of the Clean
EPA is approving this revision to the action also does not have Federalism Air Act, petitions for judicial review of
Maryland operating permit program. implications because it does not have this action must be filed in the United
EPA is publishing this rule without substantial direct effects on the States, States Court of Appeals for the
prior proposal because the Agency on the relationship between the national appropriate circuit by June 25, 2007.
views this as a noncontroversial government and the States, or on the Filing a petition for reconsideration by
amendment and anticipates no adverse distribution of power and the Administrator of this final rule does
comment. However, in the ‘‘Proposed responsibilities among the various not affect the finality of this rule for the
Rules’’ section of today’s Federal levels of government, as specified in purposes of judicial review nor does it
Register, EPA is publishing a separate Executive Order 13132 (64 FR 43255, extend the time within which a petition
document that will serve as the proposal August 10, 1999). This action merely for judicial review may be filed, and
to approve the SIP revision if adverse approves a state rule implementing a shall not postpone the effectiveness of
comments are filed. This rule will be Federal requirement, and does not alter such rule or action. This action
effective on June 25, 2007 without the relationship or the distribution of approves changes to Maryland’s Title V
further notice unless EPA receives power and responsibilities established operating permit program and may not
adverse comment by May 25, 2007. If in the Clean Air Act. This rule also is be challenged later in proceedings to
EPA receives adverse comment, EPA not subject to Executive Order 13045 enforce its requirements. (See section
will publish a timely withdrawal in the ‘‘Protection of Children from 307(b)(2).)
Federal Register informing the public Environmental Health Risks and Safety List of Subjects in 40 CFR Part 70
that the rule will not take effect. EPA Risks’’ (62 FR 19885, April 23, 1997),
will address all public comments in a because it approves a state rule Environmental protection,
subsequent final rule based on the implementing a Federal standard. Administrative practice and procedure,
proposed rule. EPA will not institute a In reviewing SIP submissions, EPA’s Air pollution control, Reporting and
second comment period on this action. role is to approve state choices, recordkeeping requirements.
Any parties interested in commenting provided that they meet the criteria of Dated: April 17, 2007.
must do so at this time. the Clean Air Act. In this context, in the Donald S. Welsh,
IV. Statutory and Executive Order absence of a prior existing requirement Regional Administrator, Region III.
Reviews for the State to use voluntary consensus
standards (VCS), EPA has no authority ■ 40 CFR part 70 is amended as follows:
A. General Requirements to disapprove a SIP submission for
Under Executive Order 12866 (58 FR failure to use VCS. It would thus be PART 70—[AMENDED]
51735, October 4, 1993), this action is inconsistent with applicable law for
not a ‘‘significant regulatory action’’ and EPA, when it reviews a SIP submission, ■ 1. The authority citation for part 70
continues to read as follows:
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therefore is not subject to review by the to use VCS in place of a SIP submission
Office of Management and Budget. For that otherwise satisfies the provisions of Authority: 42 U.S.C. 7401 et seq.
this reason, this action is also not the Clean Air Act. Thus, the
subject to Executive Order 13211, requirements of section 12(d) of the ■ 2. Appendix A to part 70 is amended
‘‘Actions Concerning Regulations That National Technology Transfer and by revising paragraph (c) in the entry for
Significantly Affect Energy Supply, Advancement Act of 1995 (15 U.S.C. Maryland to read as follows:

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20430 Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Rules and Regulations

Appendix A to Part 70—Approval access available documents. All document electronically through the
Status of State and Local Operating documents in the docket are listed in EPA Internet under the ‘‘Federal
Permits Programs the docket index available in Register’’ listings at http://
* * * * * regulations.gov. Although listed in the www.epa.gov/fedrgstr.
index, some information is not publicly
Maryland available, e.g., Confidential Business II. What Action is EPA Taking?
* * * * * Information (CBI) or other information
(c) The Maryland Department of the Section 25(a)(2) of FIFRA requires the
whose disclosure is restricted by statute.
Environment submitted an operating permit Administrator to provide the Secretary
Certain other material, such as
program amendment on February 13, 2007.
copyrighted material, is not placed on of Agriculture with a copy of any final
The program amendment contained in the regulation at least 30 days before signing
February 13, 2007 submittal will update
the Internet and will be publicly
available only in hard copy form. it for publication in the Federal
Maryland’s existing incorporation by
Publicly available docket materials are Register. The draft final rule is not
reference citations to the Federal Acid Rain
Program. The state is hereby granted available in the electronic docket at available to the public until after it has
approval effective on June 25, 2007. http://www.regulations.gov, or, if only been signed by EPA. If the Secretary
* * * * * available in hard copy, at the OPP comments in writing regarding the draft
[FR Doc. E7–7919 Filed 4–24–07; 8:45 am] Regulatory Public Docket in Rm. S-4400, final rule within 15 days after receiving
One Potomac Yard (South Building), it, the Administrator shall include the
BILLING CODE 6560–50–P
2777 S. Crystal Drive, Arlington, VA. comments of the Secretary, if requested
The Docket Facility is open from 8:30 by the Secretary, and the
ENVIRONMENTAL PROTECTION a.m. to 4 p.m., Monday through Friday, Administrator’s response to those
AGENCY excluding legal holidays. The Docket comments in the final rule when
telephone number is (703) 305-5805. published in the Federal Register. If the
40 CFR Part 158 FOR FURTHER INFORMATION CONTACT: Secretary does not comment in writing
[EPA–HQ–OPP–2004–0415; FRL–8113–7] Nathanael R. Martin, Field and External within 15 days after receiving the draft
Affairs Division (7506P), Office of final rule, the Administrator may sign
RIN 2070-AD51 Pesticide Programs, Environmental the final rule for publication in the
Protection Agency, 1200 Pennsylvania Federal Register anytime after the 15–
Pesticides; Data Requirements for Ave., NW., Washington DC 20460-0001;
Biochemical and Microbial Pesticides; day period.
telephone number: 703-305-6475; e-mail
Notification to the Secretary of address: martin.nathanael@epa.gov. III. Do Any Statutory and Executive
Agriculture Order Reviews Apply to this
SUPPLEMENTARY INFORMATION:
AGENCY: Environmental Protection Notification?
I. General Information
Agency (EPA).
A. Does this Action Apply to Me? No. This document is not a rule, it is
ACTION: Notification to the Secretary of merely a notification of submission to
Agriculture. This action is directed to the public the Secretary of Agriculture. As such,
in general. It simply announces the none of the regulatory assessment
SUMMARY: This document notifies the submission of a draft final rule to the U.
public that the Administrator of EPA requirements apply to this document.
S. Department of Agriculture (USDA)
has forwarded to the Secretary of and does not otherwise affect any IV. Will this Notification be Subject to
Agriculture a draft final rule as required specific entities. This action may, the Congressional Review Act?
by section 25(a) of the Federal however, be of particular interest to
Insecticide, Fungicide, and Rodenticide producers or registrants of a No. This action is not a rule for
Act (FIFRA). As described in the biochemical or microbial pesticide purposes of the Congressional Review
Agency’s semi-annual Regulatory product. This action also may affect any Act (CRA), 5 U.S.C. 804(3), and will not
Agenda, the draft final rule updates the person or company who might petition be submitted to Congress and the
data requirements necessary to register the Agency for new tolerances for Comptroller General. EPA will submit
a biochemical or microbial pesticide biochemical or microbial pesticides, or the final rule to Congress and the
product. The revisions will codify data hold a pesticide registration with Comptroller General as required by the
requirements to reflect current existing tolerances, or any person or CRA.
regulatory and scientific standards. The company who is interested in obtaining
data requirements will cover all or retaining a tolerance in the absence List of Subjects in 40 CFR Part 158
scientific disciplines for biochemical of a registration, that is, an import
and microbial pesticides, including Environmental protection,
tolerance for biochemical or microbial Administrative practice and procedure,
product chemistry and residue pesticides. Since other entities may also
chemistry, toxicology, and Agricultural commodities, Pesticides
be interested, the Agency has not and pests.
environmental fate and effects. attempted to describe all the specific
ADDRESSES: EPA has established a entities that may be interested in this
docket for this action under docket Dated: April 9, 2007.
action. If you have any questions
identification (ID) number EPA–HQ– regarding this action, consult the person Anne E. Lindsay,
OPP–2004–0415. To access the listed under FOR FURTHER INFORMATION Acting Director, Office of Pesticide Programs.
electronic docket, go to http:// CONTACT. [FR Doc. E7–7445 Filed 4–24–07; 8:45 am]
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www.regulations.gov, select ‘‘Advanced BILLING CODE 6560–50–S


Search,’’ then ‘‘Docket Search.’’ Insert B. How Can I Access Electronic Copies
the docket ID number where indicated of this Document and Other Related
and select the ‘‘Submit’’ button. Follow Information?
the instructions on the regulations.gov In addition to using regulations.gov,
web site to view the docket index or you may access this Federal Register

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