Approval and Promulgation of Air Quality Implementation Plans; Oklahoma; Attainment Demonstration for the Central Oklahoma Early Action Compact Area; Ozone, 25516-25520 [05-9588]

Download as PDF 25516 Federal Register / Vol. 70, No. 92 / Friday, May 13, 2005 / Proposed Rules on the supply, distribution, or use of energy. It has not been designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, we believe that this rule should be categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction, from further environmental documentation. A preliminary ‘‘Environmental Analysis Check List’’ is available in the docket where indicated under ADDRESSES. Comments on this section will be considered before we make the final decision on whether to categorically exclude this rule from further environmental review. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons set out in the preamble, the Coast Guard amends 33 CFR Part 165 as follows: VerDate jul<14>2003 14:47 May 12, 2005 Jkt 205001 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1 2. A new temporary § 165.T09–014 is added to read as follows: 165.T09–014 Security Zone; Duluth Harbor, Duluth, Minnesota. (a) Location. The following area is designated as a security zone: The waters of Duluth Harbor within a 500 foot radius from a fixed point located at 46°46′17″ N, 92°05′26″ W. These coordinates are based upon North American Datum (NAD 1983). (b) Effective time and date. This regulation is effective from 10 a.m. (local) on June 10, 2005, through 3 p.m. (local), on June 10, 2005. (c) Regulations. Entry into, transit through, or anchoring within the security zone is prohibited unless authorized by the Captain of the Port Duluth or the Coast Guard Patrol Commander. Dated: May 4, 2005. H.M. Nguyen, Commander, U.S. Coast Guard, Captain of the Port Duluth. [FR Doc. 05–9631 Filed 5–12–05; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [R06–OAR–2005–OK–0001; FRL–7912–2] Approval and Promulgation of Air Quality Implementation Plans; Oklahoma; Attainment Demonstration for the Central Oklahoma Early Action Compact Area; Ozone Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: The EPA is proposing to approve a revision to the Oklahoma State Implementation Plan (SIP) submitted by the Secretary of the Environment on December 22, 2004 for Central Oklahoma. This revision will incorporate a Memorandum of Agreement (MOA) between the Oklahoma Department of Environmental Quality (ODEQ) and the Association of Central Oklahoma Governments (ACOG) into the Oklahoma SIP and includes a PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 demonstration of attainment for the 8hour National Ambient Air Quality Standard (NAAQS) for ozone. The MOA outlines pollution control measures for the Central Oklahoma Early Action Compact (EAC) area. The EAC is designed to achieve and maintain the 8hour ozone standard more expeditiously than the EPA’s 8-hour implementation rulemaking. EPA is proposing approval of the photochemical modeling in support of the attainment demonstration of the 8-hour ozone standard within the Central Oklahoma EAC and is proposing approval of the associated control measures. We are proposing to approve this revision as a strengthening of the SIP in accordance with the requirements of sections 110 and 116 the Federal Clean Air Act (the Act), which will result in emission reductions needed to help ensure attainment of the 8-hour NAAQS for ozone. DATES: Comments must be received on or before June 13, 2005. ADDRESSES: Submit your comments, identified by Regional Material in EDocket (RME) ID No. R06–OAR–2005– OK–0001, by one of the following methods: Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. Agency Web site: https:// docket.epa.gov/rmepub/ Regional Material in EDocket (RME), EPA’s electronic public docket and comment system, is EPA’s preferred method for receiving comments. Once in the system, select ‘‘quick search,’’ then key in the appropriate RME Docket identification number. Follow the online instructions for submitting comments. U.S. EPA Region 6 ‘‘Contact Us’’ Web site: https://epa.gov/region6/ r6coment.htm. Please click on ‘‘6PD’’ (Multimedia) and select ‘‘Air’’ before submitting comments. E-mail: Mr. Thomas Diggs at diggs.thomas@epa.gov. Please also cc the person listed in the FOR FURTHER INFORMATION CONTACT section below. Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD–L), at fax number 214–665–7263. Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Such deliveries are accepted only between the hours of 8 am and 4 pm E:\FR\FM\13MYP1.SGM 13MYP1 Federal Register / Vol. 70, No. 92 / Friday, May 13, 2005 / Proposed Rules weekdays except for legal holidays. Special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Regional Material in EDocket (RME) ID No. R06–OAR–2005–OK–0001. The EPA’s policy is that all comments received will be included in the public file without change, change and may be made available online at https:// docket.epa.gov/rmepub/, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Do not submit information through Regional Material in EDocket (RME), regulations.gov, or e-mail if you believe that it is CBI or otherwise protected from disclosure. The EPA RME Web site and the federal regulations.gov are ‘‘anonymous access’’ systems, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through RME or regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public file and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the Regional Material in EDocket (RME) index at https://docket.epa.gov/rmepub/. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in RME or in the official file which is available at the Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733. The file will be made available by appointment for public inspection in the Region 6 FOIA Review Room between the hours of 8:30 am and 4:30 pm weekdays except for legal VerDate jul<14>2003 14:47 May 12, 2005 Jkt 205001 holidays. Contact the person listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at (214) 665–7253 to make an appointment. If possible, please make the appointment at least two working days in advance of your visit. There will be a 15 cents per page fee for making photocopies of documents. On the day of the visit, please check in at the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas. The State submittal is also available for public inspection at the State Air Agency listed below during official business hours by appointment: Oklahoma Department of Environmental Quality, Air Quality Division, 707 North Robinson, Oklahoma City, OK 73101–1677. FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Boyce, Air Planning Section (6PD–L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202–2733, telephone (214) 665–7259, boyce.kenneth@epa.gov or Carrie Paige, Air Planning Section (6PD–L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202–2733, telephone (214) 665–6521, paige.carrie@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. Outline I. What action are we proposing? II. What is an EAC? III. What is a SIP? IV. What is the content of the Central Oklahoma EAC attainment demonstration? V. Why are we proposing to approve this EAC SIP submittal? VI. What measures are included in this EAC SIP submittal? VII. What happens if the area does not meet the EAC commitments or milestones? VIII. Proposed Action IX. Statutory and Executive Order Reviews I. What Action Are We Proposing? Today we are proposing to approve a revision to the Oklahoma SIP under sections 110 and 116 of the Act. The revision was submitted to EPA by the State of Oklahoma on December 22, 2004. This revision demonstrates attainment of the 8-hour ozone standard within the Central Oklahoma EAC area, which is coextensive with the Oklahoma City Metropolitan Statistical Area. The Central Oklahoma EAC is a voluntary agreement between the ODEQ, the City of Oklahoma City, the Greater Oklahoma City Chamber of Commerce, the Oklahoma Department of Transportation, the ACOG and the EPA. The intent of this agreement is to reduce ozone pollution earlier than the Act requires and thereby maintain the 8- PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 25517 hour ozone standard. The Central Oklahoma EAC sets forth a schedule to develop technical information about local ozone pollution, and adopt and implement emission control measures to ensure that this area achieves compliance with the 8-hour ozone standard by December 31, 2007. Section VI of this rulemaking describes the control measures that will be implemented within the Central Oklahoma EAC area. II. What Is an EAC? The Early Action Compact program was developed to allow communities an opportunity to reduce emissions of ground level ozone pollution sooner than the Act requires. The EAC program was designed for areas that approach or monitor exceedances of the 8-hour ozone standard, but are in attainment for the 1-hour ozone standard. The compact is a voluntary agreement between local communities, States and tribal air quality officials, and EPA which allows States and local entities to make decisions that will accelerate meeting the new 8-hour ozone standard using locally tailored pollution controls instead of Federally mandated control measures. Early planning and early implementation of control measures that improve air quality will likely accelerate protection of public health. The EPA believes the EAC program provides an incentive for early planning, early implementation, and early reductions of air emissions in the affected areas, thus leading to an expeditious attainment and maintenance of the 8-hour ozone standard. Communities with EACs will have plans in place to reduce air pollution at least two years earlier than required by the Act. In December 2002, a number of States submitted compact agreements pledging to reduce emissions earlier than required for compliance with the 8hour ozone standard. These States and local communities had to meet specific criteria, and agreed to meet certain milestones for development and implementation of the compact. States with communities participating in the EAC program had to submit implementation plans by December 31, 2004 for meeting the 8-hour ozone standard, rather than June 15, 2007, the deadline for all other areas not meeting the 8-hour standard. The EAC program required communities to develop and implement air pollution control strategies, account for emissions growth, and demonstrate their attainment and maintenance of the 8-hour ozone standard. For more information on the EAC program see section V of our December 16, 2003 (68 FR 70108), E:\FR\FM\13MYP1.SGM 13MYP1 25518 Federal Register / Vol. 70, No. 92 / Friday, May 13, 2005 / Proposed Rules publication entitled ‘‘Deferral of Effective Date of Nonattainment Designations for 8-hour Ozone National Ambient Air Quality Standards for Early Action Compact Areas.’’ On April 15, 2004, EPA designated all areas for the 8-hour ozone standard. The EPA deferred the effective date of nonattainment designations for those EAC areas that were violating the 8-hour standard, but continue to meet the compact milestones. We announced the details of this deferral on April 15, 2004 as part of the Clean Air Rules of 2004. See our April 30, 2004 (69 FR 23858), publication entitled ‘‘Air Quality Designations and Classifications for the 8-Hour Ozone National Ambient Air Quality Standards; Early Action Compact Areas with Deferred Effective Dates.’’ III. What Is a SIP? The SIP is a set of air pollution regulations, control strategies and technical analyses developed by the state, to ensure that the state meets the NAAQS. These ambient standards are established under section 109 of the Act and they currently address six criteria pollutants: carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide. The SIP is required by Section 110 of the Act. These SIPs can be extensive, containing state regulations or other enforceable documents and supporting information such as emission inventories, monitoring networks, and modeling demonstrations. IV. What Is the Content of the Central Oklahoma EAC Attainment Demonstration? In support of this proposal, the ODEQ conducted an ozone photochemical modeling study developed for the Central Oklahoma EAC area. The photochemical modeling attainment demonstration includes: (1) Analyses which estimate whether selected emissions reductions will result in ambient concentrations that meet the 8hour ozone standard in the Central Oklahoma EAC area, and (2) an identified set of measures which will result in the required emissions reductions. The modeled attainment test is passed if all resulting predicted future design values are less than 85 parts per billion (ppb). The design value is the three year average of the annual fourth highest 8-hour ozone readings. The attainment demonstration was supported by results of photochemical modeling and technical documentation. It shows that the 8-hour ozone standard should continue to be attained by 2007 and maintained through 2012. VerDate jul<14>2003 14:47 May 12, 2005 Jkt 205001 Additionally, the modeling analyses were further supported by some of the weight of evidence analyses that were evaluated for the Central Oklahoma and Tulsa areas. We believe this study meets EPA’s modeling requirements and guidelines, including such items as the base year inventory development, the growth rate projections, and the performance of the model. See Appendix B of our Technical Support Document (TSD) for more information about this modeling study, the weight of evidence analyses, and EPA’s evaluation of these items. The modeling submitted in support of this proposal demonstrates that the Central Oklahoma EAC area will be in attainment with the 8-hour ozone NAAQS in 2007. The modeling results for the Central Oklahoma EAC area predict a maximum ozone design value of 80.2 ppb for 2007, which is well below the 8-hour ozone limit of 85 ppb. See section VI of this document for a list of measures that will be implemented within the Central Oklahoma EAC area. We are proposing to approve ODEQ’s 8hour ozone attainment demonstration plan for the Central Oklahoma EAC area. V. Why Are We Proposing To Approve This EAC SIP Submittal? We are proposing to approve this EAC SIP submittal because implementation of the requirements in This EAC will help ensure the Central Oklahoma area’s compliance with the 8-hour ozone standard by December 31, 2007 and maintenance of that standard through 2012. We have reviewed these submittals and determined that they are consistent with the requirements of the Act, EPA’s policy, and the EAC protocol. Our TSD contains more detailed information concerning this rulemaking action. Approving the Central Oklahoma EAC area’s clean air plans into the SIP with the measures and controls identified within the MOA provide a strengthening of the SIP for the Central Oklahoma EAC area. Consequently, the Central Oklahoma communities will start reducing air pollution at least two years earlier than required by the Act. EPA believes that the State and local area have provided a plan which will continue to fulfill the obligations necessary to maintain the April 15, 2004, attainment designation under the 8-hour ozone standard. VI. What Measures Are Included in this EAC SIP Submittal? The EPA designated the Central Oklahoma EAC area as attainment for the 8-hour ozone standard (63 FR PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 23858), however the EAC area has monitored violations of the federal 8hour ozone standard. The ODEQ has submitted this revision to the SIP as a preventive and progressive measure to avoid violation of the 8-hour ozone standard within the affected area. The MOA submitted within this SIP revision sets forth the duties and responsibilities for implementation of the Central Oklahoma EAC area Emission Reduction Strategies. While the implementation of these strategies is estimated to reduce emissions of volatile organic compounds (VOCs) and nitrogen oxides (NOX), the Central Oklahoma EAC area has demonstrated attainment without including the effects of these measures in their photochemical modeling. One element within the emission reduction strategies includes intersection and signal improvements, continuous left turn lanes, and freeway corridor management projects. The intersection and signal improvements and continuous left turn lane projects are estimated to reduce emissions of VOCs by 119.97 pounds per day (lb/day) and emissions of NOX by 78.47 lb/day. The freeway corridor management projects include the installation of closed circuit televisions, webcams and dynamic message signs to direct traffic away from congested areas; these measures are projected to reduce emissions of VOCs by 35.58 lb/day. These Emission Reduction Strategies are described in detail in the TSD and they will be incorporated by reference in the Code of Federal Regulations in the final approval action. Detailed information is necessary for emission reduction measures in the SIP to ensure that they are specific and enforceable as required by the Act and the EAC protocol. The description of these emission reduction measures includes the identification of each project, location, length of each project (if applicable), a brief project description, implementation date and emissions reductions for both VOCs and NOX. Another element of the Emission Reduction Strategy includes 4 bicycle/ pedestrian projects in the Central Oklahoma EAC area. These projects create a total of 11 miles of new bike/ pedestrian trails. Due to minimal trail mileage created there is a low percentage of shift from driving to walking or riding a bike and the actual amount of emission reduction is too low to report. As such, the effect of these projects is not reflected in the photochemical modeling attainment demonstration. However, each project is part of a future regional master trail plan that is comprised of several trails linked E:\FR\FM\13MYP1.SGM 13MYP1 Federal Register / Vol. 70, No. 92 / Friday, May 13, 2005 / Proposed Rules together. The linking of several trails help to reduce vehicle miles traveled by creating safer paths for alternate modes of transportation to work, school and shopping. The master trail plans also serve to create a larger, more accessible recreational area for more citizens. The Emission Reduction Strategies described above will assist the Central Oklahoma EAC area in achieving and maintaining the 8-hour ozone NAAQS and we are proposing to approve these Emission Reduction Strategies. In compliance with the next EAC milestone, all of these measures will be implemented on or before December 31, 2005. Per the EAC protocol, the Central Oklahoma Clean Air Action Plan must also include a component to address maintenance for growth at least 5 years beyond 2007, ensuring the area will remain in attainment of the 8-hour ozone standard through 2012. The Central Oklahoma EAC area has developed an emissions inventory for the year 2012, as well as a continuing planning process to address this essential part of the plan. The emissions inventory predicted an overall reduction in emissions through 2012: The VOC emissions predicted are 34 percent less in 2012 than those modeled for 2007, and emissions expected for NOX are 19 percent less in 2012 than those modeled for 2007. Using air quality models to anticipate the impact of growth, as well as the state-assisted and locallyimplemented measures to reduce emissions, the State has projected the area will be in attainment of the 8-hr ozone standard in 2007 and will remain in attainment through 2012. To fulfill the planning process, the EAC signatories and implementing agencies will review all EAC activities and report on results in their semiannual reports, beginning in June 2005. This semi-annual review will track and document, at a minimum, control strategy implementation and results, monitoring data and future plans. After review, additional control measures may be considered and adopted through revisions to this SIP if necessary. VII. What Happens If the Area Does not Meet the EAC Commitments or Milestones? On April 15, 2004, EPA designated the Central Oklahoma EAC area as attainment for the 8-hour ozone standard. We believe the local and State signatories of the EAC area will continue to meet their commitments to reduce ozone pollution. The measures outlined in the submittal provide sufficient information to conclude that the Central Oklahoma EAC area will VerDate jul<14>2003 14:47 May 12, 2005 Jkt 205001 complete each of the compact milestone requirements, including attainment of the 8-hour ozone standard by 2007. However, one of the principles of the EAC protocol is to provide safeguards to return areas to traditional SIP requirements should an area fail to comply with the terms of the EAC. If, as outlined in our guidance and in 40 CFR 81.300, an EAC milestone is missed and the area is still in attainment of the 8hour ozone standard, we would take action to propose and promulgate a finding of failure to meet the milestone, but the ozone attainment designation and approved SIP elements would remain in effect. If the design value for the EAC area exceeds the 8-hour ozone standard and the area has missed a compact milestone, we would also consider factors in section 107(d)(3)(A) of the Act in deciding whether to redesignate the area to nonattainment for the 8-hour ozone NAAQS. VIII. Proposed Action The EPA is proposing to approve the attainment demonstration, the Emission Reduction Strategies, and the EAC plan into the Oklahoma SIP as a strengthening of the SIP. The modeling of ozone and ozone precursor emissions from sources in the Central Oklahoma EAC area demonstrate that the area will attain the 8-hour ozone NAAQS by December 31, 2007. IV. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. For this reason and because this action will not have a significant, adverse effect on the supply, distribution, or use of energy, this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001). This proposed action merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 25519 affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). This proposed rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely proposes to approve a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This proposed rule also is not subject to Executive Order 13045 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions under the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note), EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 do not apply. This proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. E:\FR\FM\13MYP1.SGM 13MYP1 25520 Federal Register / Vol. 70, No. 92 / Friday, May 13, 2005 / Proposed Rules Dated: May 5, 2005. Richard E. Greene, Regional Administrator, Region 6. [FR Doc. 05–9588 Filed 5–12–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 141 [FRL–7911–5] Notice of a Public Meeting To Discuss the Development of Regulations for Aircraft Public Water Systems AGENCY: Environmental Protection Agency. Notice of a public meeting. ACTION: SUMMARY: The Environmental Protection Agency (EPA) is holding a public meeting to discuss the development of regulations for aircraft public water systems. To support the rulemaking process, EPA will undertake a collaborative stakeholder process with representatives from industry, government, public interest groups, and the general public. DATES: The public meeting will be held from 9:30 a.m. to 4 p.m., Eastern standard time, on Wednesday, June 1, 2005. There will be a one hour break for lunch between 12 p.m. and 1 p.m. ADDRESSES: The meeting will be held at the Hamilton Crowne Plaza Hotel, 14th & K Street, NW., Washington, DC 20005. The hotel is located one block north of the McPherson Square Metro stop on the orange and blue lines. The hotel’s telephone number is (202) 682–0111. VerDate jul<14>2003 14:47 May 12, 2005 Jkt 205001 For general information about this meeting or to pre-register, please contact Travis Creighton by phone at (202) 564–3858, by e-mail at creighton.travis@epa.gov, or by mail at: U.S. Environmental Protection Agency, Mail Code 4606M, 1200 Pennsylvania Ave., NW., Washington, DC 20460. You may also pre-register for the meeting online at https://www.lcgnet.com/ePA/ aircraft_conference/. For technical inquiries regarding the Aircraft Drinking Water Rule, contact Rick Naylor at (202) 564–3847, or by e-mail: naylor.richard@epa.gov. SUPPLEMENTARY INFORMATION: The purpose of this public meeting is to discuss EPA’s plan to develop regulations for aircraft public water systems. Specifically, EPA will provide a presentation on: 1. Current National Primary Drinking Water Regulations as they apply to aircraft public water systems. 2. Recent EPA aircraft drinking water sampling results. 3. The process that will be followed in developing an aircraft drinking water rule. 4. Key issues that must be addressed in the development of a new aircraft drinking water rule. These issues include: a. Which contaminates are of concern for aircraft water systems that take on water from domestic sources only, or from both domestic and foreign sources? b. What is the appropriate monitoring frequency for aircraft water systems that take on water from domestic sources only, or both domestic and foreign sources? FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 c. What is the appropriate frequency of disinfecting and flushing aircraft water systems? d. Should aircraft that obtain all of their water from another public water system be classified as a ‘‘consecutive’’ public water system that can obtain reduced monitoring requirements under EPA’s regulations (40 CFR 141.29)? e. How should EPA address aircraft water from foreign sources? f. What should be done to address the low disinfectant residual levels in the drinking water found on a high percentage of aircraft? Attendees will have an opportunity to make oral remarks at specific points during the meeting. EPA also welcomes written remarks received by June 22, 2005, which can be sent to Travis Creighton by e-mail or by mail at the address listed in the FOR FURTHER INFORMATION CONTACT section. Special Accommodations Any person needing special accommodations at this meeting, including wheelchair access, should contact Travis Creighton at the phone number or e-mail address listed in the FOR FURTHER INFORMATION CONTACT section of this notice. Requests for special accommodations should be made at least five business days in advance of the public meeting. Dated: May 9, 2005. Cynthia C. Dougherty, Director, Office of Ground Water and Drinking Water. [FR Doc. 05–9484 Filed 5–12–05; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\13MYP1.SGM 13MYP1

Agencies

[Federal Register Volume 70, Number 92 (Friday, May 13, 2005)]
[Proposed Rules]
[Pages 25516-25520]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9588]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R06-OAR-2005-OK-0001; FRL-7912-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Oklahoma; Attainment Demonstration for the Central Oklahoma Early 
Action Compact Area; Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve a revision to the Oklahoma 
State Implementation Plan (SIP) submitted by the Secretary of the 
Environment on December 22, 2004 for Central Oklahoma. This revision 
will incorporate a Memorandum of Agreement (MOA) between the Oklahoma 
Department of Environmental Quality (ODEQ) and the Association of 
Central Oklahoma Governments (ACOG) into the Oklahoma SIP and includes 
a demonstration of attainment for the 8-hour National Ambient Air 
Quality Standard (NAAQS) for ozone. The MOA outlines pollution control 
measures for the Central Oklahoma Early Action Compact (EAC) area. The 
EAC is designed to achieve and maintain the 8-hour ozone standard more 
expeditiously than the EPA's 8-hour implementation rulemaking. EPA is 
proposing approval of the photochemical modeling in support of the 
attainment demonstration of the 8-hour ozone standard within the 
Central Oklahoma EAC and is proposing approval of the associated 
control measures. We are proposing to approve this revision as a 
strengthening of the SIP in accordance with the requirements of 
sections 110 and 116 the Federal Clean Air Act (the Act), which will 
result in emission reductions needed to help ensure attainment of the 
8-hour NAAQS for ozone.

DATES: Comments must be received on or before June 13, 2005.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID No. R06-OAR-2005-OK-0001, by one of the following 
methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Agency Web site: https://docket.epa.gov/rmepub/ Regional Material in 
EDocket (RME), EPA's electronic public docket and comment system, is 
EPA's preferred method for receiving comments. Once in the system, 
select ``quick search,'' then key in the appropriate RME Docket 
identification number. Follow the on-line instructions for submitting 
comments.
    U.S. EPA Region 6 ``Contact Us'' Web site: https://epa.gov/region6/
r6coment.htm. Please click on ``6PD'' (Multimedia) and select ``Air'' 
before submitting comments.
    E-mail: Mr. Thomas Diggs at diggs.thomas@epa.gov. Please also cc 
the person listed in the FOR FURTHER INFORMATION CONTACT section below.
    Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-L), at fax 
number 214-665-7263.
    Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-L), 
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, 
Texas 75202-2733.
    Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only 
between the hours of 8 am and 4 pm

[[Page 25517]]

weekdays except for legal holidays. Special arrangements should be made 
for deliveries of boxed information.
    Instructions: Direct your comments to Regional Material in EDocket 
(RME) ID No. R06-OAR-2005-OK-0001. The EPA's policy is that all 
comments received will be included in the public file without change, 
change and may be made available online at https://docket.epa.gov/
rmepub/, including any personal information provided, unless the 
comment includes information claimed to be Confidential Business 
Information (CBI) or other information the disclosure of which is 
restricted by statute. Do not submit information through Regional 
Material in EDocket (RME), regulations.gov, or e-mail if you believe 
that it is CBI or otherwise protected from disclosure. The EPA RME Web 
site and the federal regulations.gov are ``anonymous access'' systems, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through RME or 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the public file and 
made available on the Internet. If you submit an electronic comment, 
EPA recommends that you include your name and other contact information 
in the body of your comment and with any disk or CD-ROM you submit. If 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
Regional Material in EDocket (RME) index at https://docket.epa.gov/
rmepub/. Although listed in the index, some information is not publicly 
available, i.e., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically in RME or in the official file which is 
available at the Air Planning Section (6PD-L), Environmental Protection 
Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file 
will be made available by appointment for public inspection in the 
Region 6 FOIA Review Room between the hours of 8:30 am and 4:30 pm 
weekdays except for legal holidays. Contact the person listed in the 
FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at 
(214) 665-7253 to make an appointment. If possible, please make the 
appointment at least two working days in advance of your visit. There 
will be a 15 cents per page fee for making photocopies of documents. On 
the day of the visit, please check in at the EPA Region 6 reception 
area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the 
State Air Agency listed below during official business hours by 
appointment:
    Oklahoma Department of Environmental Quality, Air Quality Division, 
707 North Robinson, Oklahoma City, OK 73101-1677.

FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Boyce, Air Planning 
Section (6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-
2733, telephone (214) 665-7259, boyce.kenneth@epa.gov or Carrie Paige, 
Air Planning Section (6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202-2733, telephone (214) 665-6521, paige.carrie@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA.

Outline

I. What action are we proposing?
II. What is an EAC?
III. What is a SIP?
IV. What is the content of the Central Oklahoma EAC attainment 
demonstration?
V. Why are we proposing to approve this EAC SIP submittal?
VI. What measures are included in this EAC SIP submittal?
VII. What happens if the area does not meet the EAC commitments or 
milestones?
VIII. Proposed Action
IX. Statutory and Executive Order Reviews

I. What Action Are We Proposing?

    Today we are proposing to approve a revision to the Oklahoma SIP 
under sections 110 and 116 of the Act. The revision was submitted to 
EPA by the State of Oklahoma on December 22, 2004. This revision 
demonstrates attainment of the 8-hour ozone standard within the Central 
Oklahoma EAC area, which is coextensive with the Oklahoma City 
Metropolitan Statistical Area. The Central Oklahoma EAC is a voluntary 
agreement between the ODEQ, the City of Oklahoma City, the Greater 
Oklahoma City Chamber of Commerce, the Oklahoma Department of 
Transportation, the ACOG and the EPA. The intent of this agreement is 
to reduce ozone pollution earlier than the Act requires and thereby 
maintain the 8-hour ozone standard. The Central Oklahoma EAC sets forth 
a schedule to develop technical information about local ozone 
pollution, and adopt and implement emission control measures to ensure 
that this area achieves compliance with the 8-hour ozone standard by 
December 31, 2007. Section VI of this rulemaking describes the control 
measures that will be implemented within the Central Oklahoma EAC area.

II. What Is an EAC?

    The Early Action Compact program was developed to allow communities 
an opportunity to reduce emissions of ground level ozone pollution 
sooner than the Act requires. The EAC program was designed for areas 
that approach or monitor exceedances of the 8-hour ozone standard, but 
are in attainment for the 1-hour ozone standard. The compact is a 
voluntary agreement between local communities, States and tribal air 
quality officials, and EPA which allows States and local entities to 
make decisions that will accelerate meeting the new 8-hour ozone 
standard using locally tailored pollution controls instead of Federally 
mandated control measures. Early planning and early implementation of 
control measures that improve air quality will likely accelerate 
protection of public health. The EPA believes the EAC program provides 
an incentive for early planning, early implementation, and early 
reductions of air emissions in the affected areas, thus leading to an 
expeditious attainment and maintenance of the 8-hour ozone standard.
    Communities with EACs will have plans in place to reduce air 
pollution at least two years earlier than required by the Act. In 
December 2002, a number of States submitted compact agreements pledging 
to reduce emissions earlier than required for compliance with the 8-
hour ozone standard. These States and local communities had to meet 
specific criteria, and agreed to meet certain milestones for 
development and implementation of the compact. States with communities 
participating in the EAC program had to submit implementation plans by 
December 31, 2004 for meeting the 8-hour ozone standard, rather than 
June 15, 2007, the deadline for all other areas not meeting the 8-hour 
standard. The EAC program required communities to develop and implement 
air pollution control strategies, account for emissions growth, and 
demonstrate their attainment and maintenance of the 8-hour ozone 
standard. For more information on the EAC program see section V of our 
December 16, 2003 (68 FR 70108),

[[Page 25518]]

publication entitled ``Deferral of Effective Date of Nonattainment 
Designations for 8-hour Ozone National Ambient Air Quality Standards 
for Early Action Compact Areas.''
    On April 15, 2004, EPA designated all areas for the 8-hour ozone 
standard. The EPA deferred the effective date of nonattainment 
designations for those EAC areas that were violating the 8-hour 
standard, but continue to meet the compact milestones. We announced the 
details of this deferral on April 15, 2004 as part of the Clean Air 
Rules of 2004. See our April 30, 2004 (69 FR 23858), publication 
entitled ``Air Quality Designations and Classifications for the 8-Hour 
Ozone National Ambient Air Quality Standards; Early Action Compact 
Areas with Deferred Effective Dates.''

III. What Is a SIP?

    The SIP is a set of air pollution regulations, control strategies 
and technical analyses developed by the state, to ensure that the state 
meets the NAAQS. These ambient standards are established under section 
109 of the Act and they currently address six criteria pollutants: 
carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter, and 
sulfur dioxide. The SIP is required by Section 110 of the Act. These 
SIPs can be extensive, containing state regulations or other 
enforceable documents and supporting information such as emission 
inventories, monitoring networks, and modeling demonstrations.

IV. What Is the Content of the Central Oklahoma EAC Attainment 
Demonstration?

    In support of this proposal, the ODEQ conducted an ozone 
photochemical modeling study developed for the Central Oklahoma EAC 
area. The photochemical modeling attainment demonstration includes: (1) 
Analyses which estimate whether selected emissions reductions will 
result in ambient concentrations that meet the 8-hour ozone standard in 
the Central Oklahoma EAC area, and (2) an identified set of measures 
which will result in the required emissions reductions. The modeled 
attainment test is passed if all resulting predicted future design 
values are less than 85 parts per billion (ppb). The design value is 
the three year average of the annual fourth highest 8-hour ozone 
readings. The attainment demonstration was supported by results of 
photochemical modeling and technical documentation. It shows that the 
8-hour ozone standard should continue to be attained by 2007 and 
maintained through 2012. Additionally, the modeling analyses were 
further supported by some of the weight of evidence analyses that were 
evaluated for the Central Oklahoma and Tulsa areas.
    We believe this study meets EPA's modeling requirements and 
guidelines, including such items as the base year inventory 
development, the growth rate projections, and the performance of the 
model. See Appendix B of our Technical Support Document (TSD) for more 
information about this modeling study, the weight of evidence analyses, 
and EPA's evaluation of these items. The modeling submitted in support 
of this proposal demonstrates that the Central Oklahoma EAC area will 
be in attainment with the 8-hour ozone NAAQS in 2007. The modeling 
results for the Central Oklahoma EAC area predict a maximum ozone 
design value of 80.2 ppb for 2007, which is well below the 8-hour ozone 
limit of 85 ppb. See section VI of this document for a list of measures 
that will be implemented within the Central Oklahoma EAC area. We are 
proposing to approve ODEQ's 8-hour ozone attainment demonstration plan 
for the Central Oklahoma EAC area.

V. Why Are We Proposing To Approve This EAC SIP Submittal?

    We are proposing to approve this EAC SIP submittal because 
implementation of the requirements in This EAC will help ensure the 
Central Oklahoma area's compliance with the 8-hour ozone standard by 
December 31, 2007 and maintenance of that standard through 2012. We 
have reviewed these submittals and determined that they are consistent 
with the requirements of the Act, EPA's policy, and the EAC protocol. 
Our TSD contains more detailed information concerning this rulemaking 
action.
    Approving the Central Oklahoma EAC area's clean air plans into the 
SIP with the measures and controls identified within the MOA provide a 
strengthening of the SIP for the Central Oklahoma EAC area. 
Consequently, the Central Oklahoma communities will start reducing air 
pollution at least two years earlier than required by the Act. EPA 
believes that the State and local area have provided a plan which will 
continue to fulfill the obligations necessary to maintain the April 15, 
2004, attainment designation under the 8-hour ozone standard.

VI. What Measures Are Included in this EAC SIP Submittal?

    The EPA designated the Central Oklahoma EAC area as attainment for 
the 8-hour ozone standard (63 FR 23858), however the EAC area has 
monitored violations of the federal 8-hour ozone standard. The ODEQ has 
submitted this revision to the SIP as a preventive and progressive 
measure to avoid violation of the 8-hour ozone standard within the 
affected area.
    The MOA submitted within this SIP revision sets forth the duties 
and responsibilities for implementation of the Central Oklahoma EAC 
area Emission Reduction Strategies. While the implementation of these 
strategies is estimated to reduce emissions of volatile organic 
compounds (VOCs) and nitrogen oxides (NOX), the Central 
Oklahoma EAC area has demonstrated attainment without including the 
effects of these measures in their photochemical modeling.
    One element within the emission reduction strategies includes 
intersection and signal improvements, continuous left turn lanes, and 
freeway corridor management projects. The intersection and signal 
improvements and continuous left turn lane projects are estimated to 
reduce emissions of VOCs by 119.97 pounds per day (lb/day) and 
emissions of NOX by 78.47 lb/day. The freeway corridor 
management projects include the installation of closed circuit 
televisions, webcams and dynamic message signs to direct traffic away 
from congested areas; these measures are projected to reduce emissions 
of VOCs by 35.58 lb/day. These Emission Reduction Strategies are 
described in detail in the TSD and they will be incorporated by 
reference in the Code of Federal Regulations in the final approval 
action. Detailed information is necessary for emission reduction 
measures in the SIP to ensure that they are specific and enforceable as 
required by the Act and the EAC protocol. The description of these 
emission reduction measures includes the identification of each 
project, location, length of each project (if applicable), a brief 
project description, implementation date and emissions reductions for 
both VOCs and NOX.
    Another element of the Emission Reduction Strategy includes 4 
bicycle/pedestrian projects in the Central Oklahoma EAC area. These 
projects create a total of 11 miles of new bike/pedestrian trails. Due 
to minimal trail mileage created there is a low percentage of shift 
from driving to walking or riding a bike and the actual amount of 
emission reduction is too low to report. As such, the effect of these 
projects is not reflected in the photochemical modeling attainment 
demonstration. However, each project is part of a future regional 
master trail plan that is comprised of several trails linked

[[Page 25519]]

together. The linking of several trails help to reduce vehicle miles 
traveled by creating safer paths for alternate modes of transportation 
to work, school and shopping. The master trail plans also serve to 
create a larger, more accessible recreational area for more citizens.
    The Emission Reduction Strategies described above will assist the 
Central Oklahoma EAC area in achieving and maintaining the 8-hour ozone 
NAAQS and we are proposing to approve these Emission Reduction 
Strategies. In compliance with the next EAC milestone, all of these 
measures will be implemented on or before December 31, 2005.
    Per the EAC protocol, the Central Oklahoma Clean Air Action Plan 
must also include a component to address maintenance for growth at 
least 5 years beyond 2007, ensuring the area will remain in attainment 
of the 8-hour ozone standard through 2012. The Central Oklahoma EAC 
area has developed an emissions inventory for the year 2012, as well as 
a continuing planning process to address this essential part of the 
plan. The emissions inventory predicted an overall reduction in 
emissions through 2012: The VOC emissions predicted are 34 percent less 
in 2012 than those modeled for 2007, and emissions expected for 
NOX are 19 percent less in 2012 than those modeled for 2007. 
Using air quality models to anticipate the impact of growth, as well as 
the state-assisted and locally-implemented measures to reduce 
emissions, the State has projected the area will be in attainment of 
the 8-hr ozone standard in 2007 and will remain in attainment through 
2012.
    To fulfill the planning process, the EAC signatories and 
implementing agencies will review all EAC activities and report on 
results in their semi-annual reports, beginning in June 2005. This 
semi-annual review will track and document, at a minimum, control 
strategy implementation and results, monitoring data and future plans. 
After review, additional control measures may be considered and adopted 
through revisions to this SIP if necessary.

VII. What Happens If the Area Does not Meet the EAC Commitments or 
Milestones?

    On April 15, 2004, EPA designated the Central Oklahoma EAC area as 
attainment for the 8-hour ozone standard. We believe the local and 
State signatories of the EAC area will continue to meet their 
commitments to reduce ozone pollution. The measures outlined in the 
submittal provide sufficient information to conclude that the Central 
Oklahoma EAC area will complete each of the compact milestone 
requirements, including attainment of the 8-hour ozone standard by 
2007. However, one of the principles of the EAC protocol is to provide 
safeguards to return areas to traditional SIP requirements should an 
area fail to comply with the terms of the EAC. If, as outlined in our 
guidance and in 40 CFR 81.300, an EAC milestone is missed and the area 
is still in attainment of the 8-hour ozone standard, we would take 
action to propose and promulgate a finding of failure to meet the 
milestone, but the ozone attainment designation and approved SIP 
elements would remain in effect. If the design value for the EAC area 
exceeds the 8-hour ozone standard and the area has missed a compact 
milestone, we would also consider factors in section 107(d)(3)(A) of 
the Act in deciding whether to redesignate the area to nonattainment 
for the 8-hour ozone NAAQS.

VIII. Proposed Action

    The EPA is proposing to approve the attainment demonstration, the 
Emission Reduction Strategies, and the EAC plan into the Oklahoma SIP 
as a strengthening of the SIP. The modeling of ozone and ozone 
precursor emissions from sources in the Central Oklahoma EAC area 
demonstrate that the area will attain the 8-hour ozone NAAQS by 
December 31, 2007.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason and because this action will not have a 
significant, adverse effect on the supply, distribution, or use of 
energy, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Pub. L. 104-4).
    This proposed rule also does not have tribal implications because 
it will not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000). This action also does not 
have Federalism implications because it does not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action 
merely proposes to approve a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions under the National Technology Transfer 
and Advancement Act of 1995 (15 U.S.C. 272 note), EPA's role is to 
approve state choices, provided that they meet the criteria of the 
Clean Air Act. In this context, in the absence of a prior existing 
requirement for the State to use voluntary consensus standards (VCS), 
EPA has no authority to disapprove a SIP submission for failure to use 
VCS. It would thus be inconsistent with applicable law for EPA, when it 
reviews a SIP submission, to use VCS in place of a SIP submission that 
otherwise satisfies the provisions of the Clean Air Act. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 do not apply. This proposed rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.


[[Page 25520]]


    Dated: May 5, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. 05-9588 Filed 5-12-05; 8:45 am]
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