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Federal Register / Vol. 71, No.

247 / Tuesday, December 26, 2006 / Proposed Rules 77353

DEPARTMENT OF THE TREASURY rulemaking and notice of public hearing B. E-mail: morris.makeba@epa.gov.
announced that a public hearing relating C. Mail: EPA–R03–OAR–2006–0921,
Internal Revenue Service to allocation and accounting of tax- Makeba Morris, Chief, Air Quality
exempt bonds proceeds for purposes of Planning Branch, Mailcode 3AP21, U.S.
26 CFR Part 1 the private activity bond restrictions Environmental Protection Agency,
will be held January 11, 2007, in the Region III, 1650 Arch Street,
[REG–127819–06]
auditorium of the New Carrollton Philadelphia, Pennsylvania 19103.
RIN 154–BF79 Federal Building, 5000 Ellin Road, D. Hand Delivery: At the previously
Lanham, MD 20706. The location of the listed EPA Region III address. Such
TIPRA Amendments to Section 199 public hearing has changed. deliveries are only accepted during the
ADDRESSES: The public hearing will be
Docket’s normal hours of operation, and
AGENCY: Internal Revenue Service (IRS), special arrangements should be made
Treasury. held in the IRS Auditorium, Internal
for deliveries of boxed information.
ACTION: Change of location of public Revenue Building, 1111 Constitution
Instructions: Direct your comments to
hearing. Avenue, NW., Washington, DC. Docket ID No. EPA–R03–OAR–2006–
FOR FURTHER INFORMATION CONTACT: 0921. EPA’s policy is that all comments
SUMMARY: On October 19, 2006, on page Concerning submissions of comments, received will be included in the public
61692 of the Federal Register (71 FR the hearing, and/or to be placed on the docket without change, and may be
61692), a notice of proposed rulemaking building access list to attend the hearing made available online at
by cross-reference to temporary Kelly Banks, (202) 622–0392 (not a toll- www.regulations.gov, including any
regulations and notice of public hearing free number). personal information provided, unless
announced that a public hearing the comment includes information
concerning the application of section LaNita Van Dyke,
Branch Chief, Publications and Regulations,
claimed to be Confidential Business
199, which provides a deduction for Information (CBI) or other information
income attributable to domestic Associate Chief Counsel, Legal Processing
Division (Procedure and Administration). whose disclosure is restricted by statute.
production activities will be held Do not submit information that you
February 5, 2007 in the auditorium of [FR Doc. E6–22023 Filed 12–22–06; 8:45 am]
consider to be CBI or otherwise
the New Carrollton Federal Building, BILLING CODE 4830–01–P
protected through www.regulations.gov
5000 Ellin Road, Lanham, MD 20706. or e-mail. The www.regulations.gov Web
The location of the public hearing has site is an ‘‘anonymous access’’ system,
changed. ENVIRONMENTAL PROTECTION which means EPA will not know your
ADDRESSES: The public hearing will be AGENCY identity or contact information unless
held in the IRS Auditorium, Internal you provide it in the body of your
40 CFR Part 52
Revenue Building, 1111 Constitution comment. If you send an e-mail
Avenue, NW., Washington, DC. [EPA R03-OAR–2006–0921; FRL–8261–2] comment directly to EPA without going
FOR FURTHER INFORMATION CONTACT: through www.regulations.gov, your e-
Concerning submissions of comments, Approval and Promulgation of Air mail address will be automatically
the hearing, and/or to be placed on the Quality Implementation Plans; Virginia; captured and included as part of the
building access list to attend the hearing Amendments to VOC and NOX comment that is placed in the public
Kelly Banks, (202) 622–0392 (not a toll- Emission Control Areas and VOC docket and made available on the
free number). Control Regulations Internet. If you submit an electronic
comment, EPA recommends that you
LaNita Van Dyke, AGENCY: Environmental Protection
include your name and other contact
Branch Chief, Publications and Regulations, Agency (EPA).
information in the body of your
Associate Chief Counsel, Legal Processing ACTION: Proposed rule. comment and with any disk or CD–ROM
Division, (Procedure and Administration). you submit. If EPA cannot read your
[FR Doc. E6–22016 Filed 12–22–06; 8:45 am] SUMMARY: EPA is proposing to approve
comment due to technical difficulties
State Implementation Plan (SIP)
BILLING CODE 4830–01–P and cannot contact you for clarification,
revisions submitted by the
EPA may not be able to consider your
Commonwealth of Virginia. These
comment. Electronic files should avoid
DEPARTMENT OF THE TREASURY revisions amend the existing volatile
the use of special characters, any form
organic compound (VOC) and nitrogen
of encryption, and be free of any defects
Internal Revenue Service oxide (NOX) emissions control areas,
or viruses.
and amend certain VOC and NOX Docket: All documents in the
26 CFR Part 1 regulations in order to manage the electronic docket are listed in the
extension of applicability of these www.regulations.gov index. Although
[REG–140379–02; REG–142599–02]
provisions to the amended VOC and listed in the index, some information is
RIN 1545–BC07; 1545–BB23 NOX emission control areas. This action not publicly available, i.e., CBI or other
is being taken under the Clean Air Act information whose disclosure is
General Allocation and Accounting (CAA or the Act). restricted by statute. Certain other
Regulations Under Section 141 DATES: Written comments must be material, such as copyrighted material,
AGENCY: Internal Revenue Service (IRS), received on or before January 25, 2007. is not placed on the Internet and will be
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Treasury. ADDRESSES: Submit your comments, publicly available only in hard copy
ACTION: Change of location of public identified by Docket ID Number EPA– form. Publicly available docket
hearing. R03–OAR–2006–0921 by one of the materials are available either
following methods: electronically at www.regulations.gov or
SUMMARY: On September 26, 2006, on A. www.regulations.gov. Follow the in hard copy during normal business
page 56072 of the Federal Register (71 on-line instructions for submitting hours at the Air Protection Division,
FR 56072), a notice of proposed comments. U.S. Environmental Protection Agency,

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77354 Federal Register / Vol. 71, No. 247 / Tuesday, December 26, 2006 / Proposed Rules

Region III, 1650 Arch Street, will automatically apply within all of included in the Richmond VOC
Philadelphia, Pennsylvania 19103. the new VOC emissions control areas. Emissions Control Area (County of
Copies of the State submittal are Others have provisions that apply only Prince George and City of Petersburg).
available at the Virginia Department of to certain existing VOC and NOX Article 4 currently applies in the
Environmental Quality, 629 East Main emission control areas. Each of these Northern Virginia and Richmond
Street, Richmond, Virginia 23219. rules is being amended individually in Emissions Control Areas designated in 9
FOR FURTHER INFORMATION CONTACT: order to manage the extension of VAC 5–20–206. With the addition of
Ellen Wentworth, (215) 814–2034, or by applicability of these provisions to the Prince George County and Petersburg to
e-mail at wentworth.ellen@epa.gov. additional VOC and NOX emission the Richmond VOC Emissions Control
SUPPLEMENTARY INFORMATION:
control areas with coherence and Area, VOC RACT would normally
consistency. automatically apply to all large existing
I. Background sources in the County of Prince George
II. Summary of SIP Revisions
On July 18, 1997, EPA promulgated a and the City of Petersburg. However, the
On September 12, 2006, the Richmond 8-hour ozone nonattainment
revised 8-hour ozone standard of 0.08
Commonwealth of Virginia submitted a area was reclassified from a moderate 8-
parts per million (ppm). This new
revision to its SIP. This revision amends
standard is more stringent than the hour ozone nonattainment area to a
9 VAC 5–20–206 of Chapter 20 of
previous 1-hour standard. On April 30, marginal 8-hour ozone nonattainment
Virginia’s Regulations for the Control
2004, (69 FR 23858), the EPA designated area (69 FR 56697, September 22, 2004).
and Abatement of Air Pollution to
and classified areas for the 8-hour ozone EPA only requires existing sources in
establish a new Fredericksburg NOX and
national ambient air quality standard VOC Emissions Control Area, consisting nonattainment areas that are classified
(NAAQS). For most areas, these of Spotsylvania County, and as moderate and above to implement
designations became effective June 15, Fredericksburg City; to expand the VOC RACT.
2004. EPA designated, as Richmond VOC and NOX Emissions Article 36, Packaging and Publishing
nonattainment, any area violating the 8- Control Area to include Prince George Rotogravure Printing, and Flexographic
hour ozone NAAQS based on the air County and Petersburg City; and to Printing, is being amended to provide
quality for the three years of 2001–2003. expand the Hampton Roads VOC and exemptions for small facilities in all
These were the most recent three years NOX Emissions Control Area to include VOC emissions control areas, other than
of data at the time EPA designated 8- Gloucester County and Isle of Wight the Northern Virginia VOC Emissions
hour areas. The 8-hour standard County. These amendments are Control Area, whose potential to emit is
replaced the 1-hour standard on June necessary to include those counties and less than 100 tons per year.
15, 2005 (69 FR 23996). cities in the corresponding new 8-hour
Currently, Virginia’s Chapter 40 of the Article 37, Storage or Transfer of
ozone nonattainment areas that were not Petroleum Liquids, is being amended to
Regulations for the Control and previously listed in 9 VAC 5–20–206,
Abatement of Air Pollution contains a ensure that Stage II Vapor Recovery is
and to implement VOC control and not required at gasoline dispensing
number of rules used to enforce control contingency measures within the 8-hour
measures designed to attain and stations in the new areas within the
ozone nonattainment areas and 1-hour expanded Richmond VOC Emissions
maintain the ozone air quality standard. ozone maintenance areas.
The geographic applicability of these Control Area—Petersburg City, and
On October 2, 2006, the
rules is defined by establishing VOC Prince George County, since these areas
Commonwealth of Virginia submitted a
and NOX emissions control areas in a were not part of the 1-hour ozone
revision to its SIP. This revision consists
list located in 9 VAC 5–20–206. The moderate nonattainment area. This
of amendments to regulations found in
Commonwealth of Virginia’s regulations revision also removes applicability
Chapter 40 of Virginia’s Regulations for
establish VOC and NOX emissions redundancies resulting from this action
the Control and Abatement of Air
control areas to provide the legal and a previous amendment that added
Pollution that implement non-CTG and
mechanism to define the geographic the Western Virginia VOC Emissions
CTG VOC reasonably available control
areas in which Virginia implements Control Area (Botetourt County,
technology (RACT) control requirements
control measures to attain and maintain Frederick County, and Winchester City,
within those areas that are designated as
the air quality standards for ozone. The 70 FR 21625, April 27, 2005).
VOC emissions control areas in 9 VAC
emissions control areas may or may not 5–20–206. Article 53, Emission Standards for
coincide with the nonattainment areas As stated previously, most of the Lithographic Printing Processes, is being
found in 9 VAC 5–20–204, depending Chapter 40 rules will automatically be amended to apply in all VOC emissions
upon the necessity of the planning extended into the new 8-hour control areas. The amendment also
requirements. In order to implement nonattainment areas automatically exempts from the provisions of this
control measures to attain and maintain when the VOC emissions control areas Article, all facilities in all VOC
the air quality standards for ozone, in 9 VAC 5–20–206 are amended. Some emissions control areas, other than the
Virginia has proposed to expand the Chapter 40 rules have provisions that Northern Virginia VOC Emissions
VOC and NOX emissions control areas apply only to certain existing VOC and Control Area, whose potential to emit is
(9 VAC 5–20–206) and extend the NOX emissions control areas. In this less than 100 tons per year of VOCs.
geographic applicability of the VOC and revision, Articles 4, 36, 37, and 53 are When EPA approved the lithographic
NOX regulatory rules in Chapter 40 of being amended individually in order to printing processes regulation into the
the regulations into the new 8-hour manage the extension of applicability of Virginia SIP (62 FR 11334, March 12,
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nonattainment areas. Accordingly, 9 these provisions to the additional VOC 1997), it was codified under Article 45.
VAC 5–20–206 is being amended to and NOX emission control areas. In this action, EPA is also recodifying
include those counties and cities in the Article 4, Emission Standards for the lithographic printing processes
corresponding new 8-hour ozone General Process Operations, is being regulation (9 VAC 5–40–7800–7940,
nonattainment areas that were not amended to ensure that VOC RACT is inclusive) from Article 45 to Article 53
previously listed in 9 VAC 5–20–206. not automatically required from large to be consistent with Virginia’s
Most of these Chapter 40 regulations VOC sources in the new areas that were regulations.

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Federal Register / Vol. 71, No. 247 / Tuesday, December 26, 2006 / Proposed Rules 77355

III. General Information Pertaining to extent consistent with requirements state law. Accordingly, the
SIP Submittals From the imposed by Federal law,’’ any person Administrator certifies that this
Commonwealth of Virginia making a voluntary disclosure of proposed rule will not have a significant
In 1995, Virginia adopted legislation information to a state agency regarding economic impact on a substantial
that provides, subject to certain a violation of an environmental statute, number of small entities under the
conditions, for an environmental regulation, permit, or administrative Regulatory Flexibility Act (5 U.S.C. 601
assessment (audit) ‘‘privilege’’ for order is granted immunity from et seq.). Because this rule proposes to
voluntary compliance evaluations administrative or civil penalty. The approve pre-existing requirements
performed by a regulated entity. The Attorney General’s January 12, 1998 under state law and does not impose
legislation further addresses the relative opinion states that the quoted language any additional enforceable duty beyond
burden of proof for parties either renders this statute inapplicable to that required by state law, it does not
asserting the privilege or seeking enforcement of any Federally authorized contain any unfunded mandate or
programs, since ‘‘no immunity could be significantly or uniquely affect small
disclosure of documents for which the
afforded from administrative, civil, or governments, as described in the
privilege is claimed. Virginia’s
criminal penalties because granting Unfunded Mandates Reform Act of 1995
legislation also provides, subject to
such immunity would not be consistent (Pub. L. 104–4). This proposed rule also
certain conditions, for a penalty waiver
with Federal law, which is one of the does not have a substantial direct effect
for violations of environmental laws
criteria for immunity.’’ on one or more Indian tribes, on the
when a regulated entity discovers such Therefore, EPA has determined that
violations pursuant to a voluntary relationship between the Federal
Virginia’s Privilege and Immunity Government and Indian tribes, or on the
compliance evaluation and voluntarily statutes will not preclude the
discloses such violations to the distribution of power and
Commonwealth from enforcing its responsibilities between the Federal
Commonwealth and takes prompt and program consistent with the Federal
appropriate measures to remedy the Government and Indian tribes, as
requirements. In any event, because specified by Executive Order 13175 (65
violations. Virginia’s Voluntary EPA has also determined that a state
Environmental Assessment Privilege FR 67249, November 9, 2000), nor will
audit privilege and immunity law can it have substantial direct effects on the
Law, Va. Code Sec. 10.1–1198, provides affect only state enforcement and cannot
a privilege that protects from disclosure States, on the relationship between the
have any impact on Federal national government and the States, or
documents and information about the enforcement authorities, EPA may at
content of those documents that are the on the distribution of power and
any time invoke its authority under the responsibilities among the various
product of a voluntary environmental Clean Air Act, including, for example,
assessment. The Privilege Law does not levels of government, as specified in
sections 113, 167, 205, 211 or 213, to Executive Order 13132 (64 FR 43255,
extend to documents or information (1) enforce the requirements or prohibitions
that are generated or developed before August 10, 1999), because it merely
of the state plan, independently of any proposes to approve a state rule
the commencement of a voluntary state enforcement effort. In addition,
environmental assessment; (2) that are implementing a Federal requirement,
citizen enforcement under section 304 and does not alter the relationship or
prepared independently of the of the Clean Air Act is likewise
assessment process; (3) that demonstrate the distribution of power and
unaffected by this, or any, state audit responsibilities established in the Clean
a clear, imminent and substantial privilege or immunity law.
danger to the public health or Air Act. This proposed rule also is not
environment; or (4) that are required by IV. Proposed Action subject to Executive Order 13045 (62 FR
law. EPA is proposing to approve the 19885, April 23, 1997), because it is not
On January 12, 1998, the Commonwealth of Virginia’s SIP economically significant.
Commonwealth of Virginia Office of the revisions amending existing regulations In reviewing SIP submissions, EPA’s
Attorney General provided a legal pertaining to emissions control areas, role is to approve state choices,
opinion that states that the Privilege and the accompanying rule regulations, provided that they meet the criteria of
law, Va. Code Sec. 10.1–1198, precludes which were submitted on September 12 the Clean Air Act. In this context, in the
granting a privilege to documents and and October 2, 2006. EPA is soliciting absence of a prior existing requirement
information ‘‘required by law,’’ public comments on the issues for the State to use voluntary consensus
including documents and information discussed in this document. These standards (VCS), EPA has no authority
‘‘required by Federal law to maintain comments will be considered before to disapprove a SIP submission for
program delegation, authorization or taking final action. failure to use VCS. It would thus be
approval,’’ since Virginia must ‘‘enforce inconsistent with applicable law for
Federally authorized environmental V. Statutory and Executive Order EPA, when it reviews a SIP submission,
programs in a manner that is no less Reviews to use VCS in place of a SIP submission
stringent than their Federal Under Executive Order 12866 (58 FR that otherwise satisfies the provisions of
counterparts. . . .’’ The opinion 51735, October 4, 1993), this proposed the Clean Air Act. Thus, the
concludes that ‘‘[r]egarding § 10.1–1198, action is not a ‘‘significant regulatory requirements of section 12(d) of the
therefore, documents or other action’’ and therefore is not subject to National Technology Transfer and
information needed for civil or criminal review by the Office of Management and Advancement Act of 1995 (15 U.S.C.
enforcement under one of these Budget. For this reason, this action is 272 note) do not apply. As required by
programs could not be privileged also not subject to Executive Order section 3 of Executive Order 12988 (61
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because such documents and 13211, ‘‘Actions Concerning Regulations FR 4729, February 7, 1996), in issuing
information are essential to pursuing That Significantly Affect Energy Supply, this proposed rule, EPA has taken the
enforcement in a manner required by Distribution, or Use’’ (66 FR 28355 (May necessary steps to eliminate drafting
Federal law to maintain program 22, 2001)). This action merely proposes errors and ambiguity, minimize
delegation, authorization or approval.’’ to approve state law as meeting Federal potential litigation, and provide a clear
Virginia’s Immunity law, Va. Code requirements and imposes no additional legal standard for affected conduct. EPA
Sec. 10.1–1199, provides that ‘‘[t]o the requirements beyond those imposed by has complied with Executive Order

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77356 Federal Register / Vol. 71, No. 247 / Tuesday, December 26, 2006 / Proposed Rules

12630 (53 FR 8859, March 15, 1988) by of this notice, and the public hearing CAMR Federal Plan would be held, and
examining the takings implications of information given in the proposal, for the date, time, and location of the event
the rule in accordance with the additional information on the public would be announced in a separate
‘‘Attorney General’s Supplemental hearing. notice. This action constitutes that
Guidelines for the Evaluation of Risk ADDRESSES: The hearing will be held at notice. The public hearing will provide
and Avoidance of Unanticipated the EPA East Building, 1201 interested parties the opportunity to
Takings’’ issued under the executive Constitution Avenue, NW., Washington, present data, views, or arguments
order. DC, 20004. The hearing will take place concerning issues raised in the
This proposed rule, pertaining to in room 1153. Written comments on the proposed CAMR Federal Plan. The EPA
amendments to existing regulation proposal may also be submitted to EPA may ask clarifying questions during the
provisions concerning Virginia’s electronically, by mail, by facsimile, or oral presentations, but will not respond
emissions control areas, and through hand delivery/courier. Please to the presentations at that time. Written
accompanying regulatory changes, does refer to the proposal for the addresses statements and supporting information
not impose an information collection and detailed instructions for submitting submitted during the comment period
burden under the provisions of the comments. Documents relevant to this will be considered with the same weight
Paperwork Reduction Act of 1995 (44 action are available for public as any oral comments and supporting
U.S.C. 3501 et seq.). inspection at the EPA Docket Center, information presented at the public
located at 1301 Constitution Avenue, hearing. The public hearing for the
List of Subjects in 40 CFR Part 52 proposal for the CAMR Federal Plan
NW., Room 3334, Washington, DC
Environmental protection, Air between 8:30 a.m. and 4:30 p.m., will be held on January 18, 2007, in
pollution control, Nitrogen dioxide, Monday through Friday, excluding legal Washington, DC. The hearing will begin
Ozone, Reporting and recordkeeping holidays. A reasonable fee may be at 1 p.m. and end at 5 p.m. The meeting
requirements, Volatile organic charged for copying. Documents are also facility address is provided above under
compounds. available through EPA’s electronic ADDRESSES. The hearing may end early
Authority: 42 U.S.C. 7401 et seq. Docket System at www.regulations.gov. if all of the registered speakers have
The EPA website for CAMR and the presented. If you would like to present
Dated: December 14, 2006 oral testimony at the hearing, please
William T. Wisniewski,
federal plan Proposal, which will
include information about the public notify Doran Stegura, Perrin Quarles
Acting Regional Administrator, Region III. Associates, 675 Peter Jefferson Parkway,
hearing, is at www.epa.gov/CAMR.
[FR Doc. E6–22058 Filed 12–22–06; 8:45 am] Suite 200, Charlottesville, VA 22911,
FOR FURTHER INFORMATION CONTACT: If
BILLING CODE 6560–50–P telephone (434) 979–3700 (ext. 161),
you would like to speak at the public
doranstegura@pqa.com. She will
hearing or have questions concerning it,
provide you with a specific time to
please contact Doran Stegura at (434)
ENVIRONMENTAL PROTECTION speak. Oral testimony will be limited to
979–3700 (ext. 161) and at the address
AGENCY 5 minutes for each commenter, after
given below under SUPPLEMENTARY
which there will be an opportunity for
40 CFR Parts 60, 62, 72, and 78 INFORMATION. Questions concerning the
the panel to ask clarifying questions.
proposed CAMR federal plan should be
[EPA–HQ–OAR–2006–0905; FRL–8260–9] EPA will be able to provide equipment
addressed to Meg Victor, U.S. EPA,
for commenters to show overhead slides
Office of Air and Radiation, Clean Air
Public Hearing for Revisions of or make computerized slide
Markets Division, Washington, DC,
Standards of Performance for New and presentations only if we receive requests
20005, (202) 343–9193.
Existing Stationary Sources; Electric in advance. Commenters should notify
SUPPLEMENTARY INFORMATION: On May
Utility Steam Generating Units; Federal Doran Stegura if they will need specific
18, 2005 EPA finalized CAMR and equipment. The EPA encourages
Plan Requirements for Clean Air
established standards of performance for commenters to provide written versions
Mercury Rule; and Revisions of Acid
mercury (Hg) for new and existing coal- of their oral testimonies either
Rain Program Rules
fired electric utility steam generating electronically on computer disk or CD
AGENCY: Environmental Protection units (utility units or EGUs). On ROM or in paper copy. The hearing
Agency (EPA). December 8, 2006 a CAMR Federal Plan schedule, including the speaker list,
ACTION: Announcement of Public Proposal was signed by the EPA will be posted on EPA’s Web pages for
Hearing. Administrator. CAA section 111(d)(2) the Proposal at http://www.epa.gov/
grants the Administrator the authority to CAMR. A verbatim transcript of the
SUMMARY: The EPA is announcing a prescribe a plan for a State in cases hearing and written statements will be
public hearing for the proposed where the State fails to submit a included in the rulemaking docket.
‘‘Revisions of Standards of Performance satisfactory plan as he would have
for New and Existing Stationary under section 110(c) of the CAA in the How Can I Obtain Copies of This
Sources; Electric Utility Steam case of a State’s failure to submit an Document and Other Related
Generating Units; Federal Plan implementation plan. Section 60.27 of Information?
Requirements for Clean Air Mercury 40 CFR part 60 directs the This notice and the CAMR Federal
Rule; and Revisions of Acid Rain Administrator to promptly prepare and Plan proposal are available on EPA’s
Program Rules’’. For convenience, we publish proposed regulations for a State web site for the CAMR rulemaking at
refer to the proposal as the Clean Air if the State fails to submit a plan by the http://www.epa.gov/CAMR and are
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Mercury Rule (CAMR) Federal Plan. The prescribed deadline or the published in the Federal Register. The
hearing will be held on January 18, 2007 Administrator disapproves the State’s EPA has established the official public
in Washington, DC. submitted plan and to promulgate those docket for the CAMR Federal Plan
DATES: The public hearing for the regulations by the date 6 months after under Docket ID No. OAR–2006–0905.
proposal for the CAMR Federal Plan the date required for plan submission. Please refer to the proposal for detailed
will be held on January 18, 2007. Please The CAMR Federal Plan Proposal information on accessing information
refer to the SUPPLEMENTARY INFORMATION indicated that a public hearing for the related to the proposal.

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