Extension of the Deferred Effective Date for 8-hour Ozone National Ambient Air Quality Standards for Early Action Compact Areas, 33409-33414 [05-11380]
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Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[OAR–2003–0090; FRL–7921–9]
RIN 2060–AN04
Extension of the Deferred Effective
Date for 8-hour Ozone National
Ambient Air Quality Standards for
Early Action Compact Areas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: The EPA is proposing to
extend the deferral of the effective date
of air quality designations for certain
areas of the country that have entered
into Early Action Compacts. Early
Action Compact areas have agreed to
reduce ground-level ozone pollution
earlier than the Clean Air Act (CAA)
requires. On April 30, 2004, EPA
published a notice designating all areas
of the country for the 8-hour ozone
National Ambient Air Quality Standards
(NAAQS). In the designation rule, EPA
deferred the effective date of the
nonattainment designation for 14 areas
that had entered into Early Action
Compacts. The current effective date is
September 30, 2005. The EPA is now
proposing to extend the deferral of the
effective date for all 14 Early Action
compact areas until December 31, 2006.
DATES: Comments must be received on
or before July 8, 2005.
ADDRESSES: Submit your comments,
identified by Docket ID No. OAR–2003–
0090, 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://
www.epa.gov/edocket. EDOCKET, EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Follow the on-line
instructions for submitting comments.
• E-mail: Comments may be sent by
electronic mail (e-mail) to A-and-RDocket@epa.gov, Attention Docket ID
No. OAR–2003–0090.
• Fax: Fax your comments to: 202–
566–1741, Attention Docket ID No.
OAR–2003–0090.
• Mail: Send your comments to: Air
and Radiation Docket, U.S.
Environmental Protection Agency, Mail
Code: 6102T, 1200 Pennsylvania Ave.,
NW., Washington, DC, 20460, Attention
Docket ID No. OAR–2003–0090.
• Hand Delivery: Air and Radiation
Docket, U.S. Environmental Protection
Agency, 1301 Constitution Avenue,
NW., Room: B102, Washington, DC
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20004, Attention Docket ID No. OAR–
2003–0090. Such deliveries are only
accepted during the Docket’s normal
hours of operation and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. OAR–2003–0090. The
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.epa.gov/edocket, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through EDOCKET,
regulations.gov, or e-mail. The EPA
EDOCKET and the federal
regulations.gov Web sites 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
EDOCKET or regulations.gov, your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket 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. For additional instructions
on submitting comments, go to
Supplementary Information, Part I—
General Information.
Docket: All documents in the docket
are listed in the EDOCKET index at
https://www.epa.gov/edocket. 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 EDOCKET or in hard
copy at the OAR Docket, EPA/DC, EPA
West, Room B102, 1301 Constitution
Ave, NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
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33409
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the OAR Docket is (202)
566–1742.
FOR FURTHER INFORMATION CONTACT: Ms.
Barbara Driscoll, Office of Air Quality
Planning and Standards, U.S.
Environmental Protection Agency, Mail
Code C504–02, Research Triangle Park,
NC 27711, phone number (919) 541–
1051 or by e-mail at:
driscoll.barbara@epa.gov or Mr. David
Cole, Office of Air Quality Planning and
Standards, U.S. Environmental
Protection Agency, Mail Code C539–02,
Research Triangle Park, NC 27711,
phone number (919) 541–5565 or by email at: cole.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
In addition, please send a copy of
your comments to: Barbara Driscoll,
U.S. Environmental Protection Agency,
Office of Air Quality Planning and
Standards by one of the means listed:
• E-Mail: driscoll.barbara@epa.gov.
• Fax: (919) 541–0824, Attention:
Barbara Driscoll.
• Mail: Barbara Driscoll, U.S.
Environmental Protection Agency,
Office of Air Quality Planning and
Standards, Mail Code: C504–02,
Research Triangle Park, NC 27711.
• Hand Delivery: Barbara Driscoll,
U.S. Environmental Protection Agency,
Office of Air Quality Planning and
Standards, 109 T.W. Alexander Drive,
Research Triangle Park, NC 27709.
Outline
The following is an outline of the
preamble.
I. General Information
II. What Is the Purpose of This Document?
III. What Action Has EPA Taken to Date for
Early Action Compact Areas?
A. What progress are compact areas making
toward completing their milestones?
B. What is today’s proposed action for
compact areas?
C. What is EPA’s schedule for taking
further action to continue to defer the
effective date of nonattainment
designation for compact areas?
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination with Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children from Environmental Health and
Safety Risks
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H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer
Advancement Act
J. Executive Order 12898: Federal Actions
to Address Environmental Justice in
Minority Populations and Low-Income
Populations
II. What Is the Purpose of This
Document?
The purpose of this document is to
propose to extend the deferral of the
effective date of the 8-hour ozone
nonattainment designations for 14
participants in Early Action Compacts.
Currently, the effective designation date
is September 30, 2005, and this proposal
would extend that date to December 31,
2006.
III. What Action Has EPA Taken to
Date for Early Action Compact Areas?
This section discusses EPA’s actions
to date with respect to deferring the
effective date of nonattainment
designations for certain areas of the
country that are participating in the
Early Action Compact program. The
EPA’s April 30 designation rule (68 FR
70108) provides a description of the
compact approach, the requirements for
areas participating in the program and
the impacts of the program on those
areas.
On December 31, 2002, we entered
into compacts with 33 communities. To
receive the first deferral, these Early
Action Compact areas agreed to reduce
ground-level ozone pollution earlier
than the CAA would require. On
December 16, 2003 (68 FR 70108), we
published a proposed rule to defer until
September 30, 2005, the effective date of
designation for Early Action Compact
areas that did not meet the 8-hour ozone
NAAQS. Fourteen of the 33 compact
areas did not meet the 8-hour ozone
NAAQS. Table 1 describes the
milestones and submissions that
compact areas are required to complete
to continue eligibility for a deferred
effective date of nonattainment
designation for the 8-hour ozone
standard.
TABLE 1.—EARLY ACTION COMPACT MILESTONES
Submittal date
Compact milestone
December 31, 2002 ..................................................................................
June 16, 2003 ...........................................................................................
Submit Compact for EPA signature.
Submit preliminary list and description of potential local control measures under consideration.
Submit complete local plan to State (includes specific, quantified and
permanent control measures to be adopted).
State submits adopted local measures to EPA as a SIP revision that,
when approved, will be federally enforceable.
Implement SIP control measures.
State reports on implementation of measures and assessment of air
quality improvement and reductions in NOX and VOC emissions to
date.
Area attains 8-hour ozone NAAQS.
March 31, 2004 ........................................................................................
December 31, 2004 ..................................................................................
2005 Ozone Season (or no later than December 31, 2005) ...................
June 30, 2006 ...........................................................................................
December 31, 2007 ..................................................................................
The final designation rule published
April 30, 2004 (69 FR 23858), included
the following actions for compact areas:
deferred the effective date of
nonattainment designation for 14
compact areas until September 30, 2005;
detailed the progress compact areas had
made toward completing their
milestones; described the final action
required for compact areas; detailed
EPA’s schedule for taking further action
to extend the deferral of the effective
date of nonattainment designations, if
appropriate; and described the
consequences for compact areas that do
not meet a milestone. In the April 2004
action, we also discussed three compact
areas which did not meet the March 31,
2004 milestone; Knoxville, Memphis,
and Chattanooga, Tennessee. Knoxville
and Memphis were designated
nonattainment effective June 15, 2004.
Chattanooga was later determined to
have met the March 31, 2004 milestone,
and we deferred the designation date
until September 30, 2005 (69 FR 34080).
This brought the number of
participating compact areas to 31.
A. What Progress are Compact Areas
Making Toward Completing Their
Milestones?
In this section, we describe the status
of the Early Action Compact areas’
progress toward meeting their
milestones. In general, the remaining 29
compact areas 1 have made satisfactory
progress toward timely completion of
their milestones. A compiled list of
local measures is found on EPA’s Web
site for compact areas at: https://
www.epa.gov/ttn/naaqs/ozone/eac/. By
December 31, 2004, all States with
compacts were required to submit to
EPA State Implementation Plans (SIPs)
revisions with locally adopted measures
which if approved by EPA, are federally
enforceable. Notices for each of the
proposed SIP revisions will be
published in the Federal Register by the
respective EPA Regional Office as
indicated in Table 2.
TABLE 2.—REGIONAL OFFICES ISSUING FEDERAL REGISTER NOTICES ON EARLY ACTION COMPACTS
Regional offices
States
Makeba Morris, Branch Chief, Air Quality Planning Branch, EPA Region III, 1650 Arch Street, Philadelphia, PA 19103–2187, (215) 814–
2187.
Richard A. Schutt, Chief, Regulatory Development Section, EPA Region IV, Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW,
12th Floor, Atlanta, GA 30303, (404) 562–9033.
Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and
West Virginia.
Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,
South Carolina, and Tennessee.
1 Haywood and Putnam Counties decided to
withdraw from the compact arrangement.
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TABLE 2.—REGIONAL OFFICES ISSUING FEDERAL REGISTER NOTICES ON EARLY ACTION COMPACTS—Continued
Regional offices
States
Rebecca Weber, Associate Director, Air Programs, EPA Region VI,
1445 Ross Avenue, Dallas, TX 75202, (214) 665–6656.
Richard R. Long, Director, Air and Radiation Program, EPA Region
VIII, 999 18th Street, Suite 300, Denver, CO 80202–2466, (303)
312–6005.
B. What Is Today’s Proposed Action for
Compact Areas?
Today, we are proposing to extend the
deferred effective date of the
Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.
Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming.
nonattainment designation for the 14
compact areas. These 14 areas have met
all compact milestones through the
December 31, 2004 submission. We are
extending until December 31, 2006 the
deferral of the effective date of the 8hour ozone nonattainment designation
for the compact area counties listed in
Table 3 and are revising 40 CFR part 81
in the final rule to reflect this extension.
TABLE 3.—COMPACT AREAS WHICH QUALIFY FOR A DEFERRED EFFECTIVE DATE OF DECEMBER 31, 2006
[Note: Name of designated 8-hour ozone nonattanment area is in parentheses.]
State
Counties which are part of compacts and are designated
unclassifiable/attainment
Counties with designation deferred
to December 31, 2006
Compact area (designated area)
EPA Region 3
VA ..........
VA ..........
MD ..........
WV .........
Northern Shenandoah Valley Region (Frederick County,
VA), adjacent to Washington, DC-MD-VA.
Roanoke Area (Roanoke, VA) ............................................
Washington County (Washington County (Hagerstown,
MD), adjacent to Washington, DC-MD-VA.
The Eastern Pan Handle Region (Berkeley & Jefferson
Counties, WV), Martinsburg area.
Winchester City; Frederick County.
Roanoke County; Botetourt County; Roanoke City; Salem City.
Washington County.
Berkeley County; Jefferson County
EPA Region 4
NC ..........
Unifour (Hickory-Morganton-Lenoir, NC) ............................
NC ..........
Triad (Greensboro-Winston-Salem-High Point, NC) ..........
NC ..........
SC ..........
Cumberland County (Fayetteville, NC) ...............................
Appalachian—A (Greenville-Spartanburg-Anderson, SC) ..
SC ..........
Central Midlands—I Columbia area. ..................................
TN/GA ....
Chattanooga (Chattanooga, TN-GA) ..................................
TN ..........
Nashville (Nashville, TN) ....................................................
TN ..........
Johnson City-Kingsport-Bristol Area (TN portion only) ......
Catawba County; Alexander County; Burke County (part); Caldwell
County (part).
Randolph County; Forsyth County;
Davie County; Alamance County; Caswell County; Davidson
County; Guilford County; Rockingham County.
Cumberland County.
Spartanburg County; Greenville
County; Anderson County.
Richland County (part); Lexington
County (part).
Hamilton County, TN; Meigs
County, TN; Catoosa County,
GA.
Davidson
County;
Rutherford
County; Williamson County; Wilson County; Sumner County.
Sullivan Co, TN; Hawkins County,
TN.
Surry County; Yadkin
Stokes County.
Cherokee County; Pickens County; Oconee County.
Newberry County; Fairfield County.
Marion County, TN; Walker County, GA.
Robertson County; Cheatham
County; Dickson County.
Washington Co, TN; Unicoi County, TN; Carter County, TN; Johnson County, TN.
EPA Region 6
TX ...........
San Antonio ........................................................................
Bexar County; Comal
Guadalupe County.
County;
Wilson County.
EPA Region 8
CO ..........
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Denver County; Boulder County
(includes part of Rocky Mtn Nat.
Park); Jefferson County; Douglas County; Broomfield; Adams
County;
Arapahoe
County;
Larimer County (part); Weld
County (part).
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C. What Is EPA’s Schedule for Taking
Further Action to Continue to Defer the
Effective Date of Nonattainment
Designation for Compact Areas?
With this action, we are proposing to
extend the deferred effective date of the
nonattainment designation for compact
areas which have met their obligations
through December 31, 2006. Provided
the extension is promulgated as
proposed, we would propose and as
appropriate, promulgate a further
extension of the deferred effective date
until December 31, 2007, for those areas
that continue to meet all compact
milestones through December 31, 2006.
Before December 31, 2007, we intend to
determine whether the compact areas
that received the technical extension
have attained the 8-hour ozone NAAQS
and have met all compact milestones.
By April 2008, we will issue our
determination. If the area has not
attained the standard, the
nonattainment designation will take
effect. If the compact area has attained
the standard, EPA will issue an
attainment designation for the area. Any
compact area that has not attained the
NAAQS and has an effective
nonattainment designation will be
subject to full planning requirements of
title I, part D of the CAA, and the area
will be required to submit a revised
attainment demonstration SIP within 1
year of the effective date of designation.
IV. Statutory and Executive Order
Reviews
This action proposes to extend the
deferral of the effective date of the
nonattainment designation for 14
compact areas until December 30, 2006.
A. Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), the Agency
must determine whether the regulatory
action is ‘‘significant’’ and, therefore,
subject to Office of Management and
Budget (OMB) review and the
requirements of the Executive Order.
The Order defines ‘‘significant
regulatory action’’ as one that is likely
to result in a rule that may:
(1) have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or Tribal governments or
communities;
(2) create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) materially alter the budgetary
impact of entitlements, grants, user fees,
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or loan programs or the rights and
obligations of recipients thereof; or
(4) raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
It has been determined that this rule
is not a ‘‘significant regulatory action’’
under the terms of Executive Order
12866 and is therefore not subject to
OMB review.
B. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. This
proposal does not require the collection
of any information.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in 40
CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an Agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedures Act or any
other statute unless the Agency certifies
the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of today’s proposed rule on small
entities, small entity is defined as: (1) A
small business that is a small industrial
entity as defined in the Small Business
Administration’s (SBA) regulations at 13
CFR 121.201; (2) a small governmental
jurisdiction that is a government of a
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city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of today’s proposed rule on
small entities, I certify that this rule will
not have a significant economic impact
on a substantial number of small
entities. This proposed rule will not
impose any requirements on small
entities. Rather, this rule would extend
the deferral of the effective date of the
nonattainment designation for areas that
implement control measures and
achieve emissions reductions earlier
than otherwise required by the CAA in
order to attain the 8-hour ozone
NAAQS. We continue to be interested in
the potential impacts of the proposed
rule on small entities and welcome
comments on issues related to such
impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and Tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures to State, local,
and Tribal governments, in the
aggregate, or to the private sector, of
$100 million or more in any 1 year.
Before promulgating an EPA rule for
which a written statement is needed,
section 205 of the UMRA generally
requires EPA to identify and consider a
reasonable number of regulatory
alternatives and adopt the least costly,
most cost-effective or least burdensome
alternative that achieves the objectives
of the rule. The provisions of section
205 do not apply when they are
inconsistent with applicable law.
Moreover, section 205 allows EPA to
adopt an alternative other than the least
costly, most cost-effective or least
burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted. Before EPA establishes
any regulatory requirements that may
significantly or uniquely affect small
governments, including Tribal
governments, it must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
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officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
The EPA has determined that this rule
does not contain a Federal mandate that
may result in expenditures of $100
million or more for State, local, and
Tribal governments, in the aggregate, or
the private sector in any 1 year. In this
proposal, EPA is deferring the effective
date of nonattainment designations for
certain areas that have entered into
compacts with us. Thus, today’s
proposed rule is not subject to the
requirements of sections 202 and 205 of
the UMRA.
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ This proposed rule does
not have ‘‘Tribal implications’’ as
specified in Executive Order 13175. It
does not have a substantial direct effect
on one or more Indian Tribes, since no
Tribe has implemented a CAA program
to attain the 8-hour ozone NAAQS at
this time or has participated in a
compact.
The EPA specifically solicits
additional comment on this proposed
rule from Tribal officials.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045: ‘‘Protection of
Children From Environmental Health
and Safety Risks’’ (62 FR 19885, April
23, 1997) applies to any rule that (1) is
determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have
disproportionate effect on children. If
the regulatory action meets both criteria,
the Agency must evaluate the
environmental health or safety effects of
the planned rule on children, and
explain why the planned regulation is
preferable to other potentially effective
and reasonably feasible alternatives
considered by the Agency.
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that are based on
health or safety risks, such that the
analysis required under section 5–501 of
the Order has the potential to influence
the regulation. This proposal is not
subject to Executive Order 13045
because it does not establish an
environmental standard intended to
mitigate health or safety risks.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that 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.’’
This proposed rule does not have
federalism implications. It will 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. The CAA
establishes the scheme whereby States
take the lead in developing plans to
meet the NAAQS. This proposed rule
would not modify the relationship of
the States and EPA for purposes of
developing programs to implement the
NAAQS. Thus, Executive Order 13132
does not apply to this proposed rule.
In the spirit of Executive Order 13132,
and consistent with EPA policy to
promote communications between EPA
and State and local governments, EPA
specifically solicits comment on this
proposed rule from State and local
officials.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This proposed rule is not a
‘‘significant energy action’’ as defined in
Executive Order 13211, ‘‘Actions That
Significantly Affect Energy Supply,
Distribution, or Use,’’ (66 FR 28355;
May 22, 2001) because it is not likely to
have a significant adverse effect on the
supply, distribution, or use of energy.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
I. National Technology Transfer
Advancement Act
Section 12(d) of the National
Technology Transfer Advancement Act
of 1995 (NTTAA), Public Law No. 104–
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33413
113, section 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards (VCS) in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by VCS bodies. The NTTAA
directs EPA to provide Congress,
through OMB, explanations when the
Agency decides not to use available and
applicable VCS.
This proposed rulemaking does not
involve technical standards. Therefore,
EPA is not considering the use of any
VCS.
The EPA will encourage States that
have compact areas to consider the use
of such standards, where appropriate, in
the development of their SIPs.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 requires that
each Federal agency make achieving
environmental justice part of its mission
by identifying and addressing, as
appropriate, disproportionate high and
adverse human health or environmental
effects of its programs, policies, and
activities on minorities and low-income
populations.
The EPA believes that this proposed
rule should not raise any environmental
justice issues. The health and
environmental risks associated with
ozone were considered in the
establishment of the 8-hour, 0.08 ppm
ozone NAAQS. The level is designed to
be protective with an adequate margin
of safety.
List of Subjects in 40 CFR Part 81
Air pollution control, Environmental
protection, National parks, Wilderness
areas.
Authority: 42 U.S.C. 7408; 42 U.S.C. 7410;
42 U.S.C. 7501–7511f; 42 U.S.C. 7601(a)(1).
Dated: June 2, 2005.
Stephen L. Johnson,
Administrator.
40 CFR part 81 is amended as follows:
PART 81—[AMENDED]
1. The authority citation for part 81
continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
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33414
Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Proposed Rules
[OPP–2004–0387; FRL–7716–4]
https://www.epa.gov/fedrgstr/. A
frequently updated electronic version of
40 CFR parts 152 and 158 is available
at E-CFR Beta Site Two at https://
www.gpoaccess.gov/ecfr/.
RIN 2070–AC12
II. What Action is EPA taking?
Subpart C—Section 107 Attainment
Status Designations
ENVIRONMENTAL PROTECTION
AGENCY
2. Section 81.300 is amended by
revising paragraphs (e)(3)(i) and
(e)(3)(ii)(B) and (C) to read as follows:
40 CFR Parts 152 and 158
§ 81.300
Scope.
*
*
*
*
*
(e) * * *
(3) * * *
(i) General. Notwithstanding clauses
(i) through (iv) of section 107(d)(1)(B) of
the Clean Air Act (42 U.S.C.
7407(d)(1)(B)), the Administrator shall
defer until December 31, 2006 the
effective date of a nonattainment
designation of any area subject to a
compact that does not meet (or that
contributes to ambient air quality in a
nearby area that does not meet) the 8hour ozone national ambient air quality
standard if the Administrator
determines that the area subject to a
compact has met the requirements in
paragraphs (e)(2)(i) through (iii) of this
section.
(ii) * * *
(B) Prior to expiration of the deferred
effective date on December 31, 2006, if
the Administrator determines that an
area or the State subject to a compact
has not met either requirement in
paragraphs (e)(2)(iv) and (v) of this
section, the nonattainment designation
shall become effective as of the deferred
effective date, unless EPA takes
affirmative rulemaking action to further
extend the deadline.
(C) If the Administrator determines
that an area subject to a compact and/
or State has not met any requirement in
paragraphs (e)(2)(iv) through (vi) of this
section, the nonattainment designation
shall become effective as of the deferred
effective date, unless EPA takes
affirmative rulemaking action to further
extend the deadline.
*
*
*
*
*
[FR Doc. 05–11380 Filed 6–7–05; 8:45 am]
BILLING CODE 6560–50–P
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Pesticides: Data Requirements for
Conventional Chemicals; Extension of
Comment Period
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; extension of
comment period.
AGENCY:
SUMMARY: EPA issued a proposed rule in
the Federal Register on March 11, 2005,
titled ‘‘Pesticides; Data Requirements for
Conventional Chemicals.’’ This notice
extends the closing date of the comment
period announced in that notice by 90
days, from June 9, 2005, to September
7, 2005.
DATES: Comments, identified by the
docket identification number OPP–
2004–0387, must be received on or
before September 7, 2005.
ADDRESSES: Follow the detailed
instructions as provided under
ADDRESSES in the Federal Register
document of March 11, 2005.
FOR FURTHER INFORMATION CONTACT: Vera
Au, Field and External Affairs Division
(FEAD), (7506C), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (703) 308–9069; fax number:
(703) 305–5884; e–mail address:
au.vera@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
The Agency included in the proposed
rule a list of those who may be
potentially affected by this action. If you
have questions regarding the
applicability of this action to a
particular entity, consult the person
listed under the FOR FURTHER
INFORMATION CONTACT.
B. How Can I Access Electronic Copies
of this Document and Other Related
Information?
In addition to using EDOCKET (http:/
/www.epa.gov/edocket/), you may
access this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
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In the Federal Register of March 11,
2005 (40 FR 12275), EPA issued a
proposed rule to update its pesticide
data requirements for conventional
pesticide chemicals. This document
extends the public comment period for
that proposed rule. EPA received
requests to extend the comment period
by 90 days from four industry
organizations: CropLife America (CLA),
the Biocides Panel of the American
Chemistry Council (ACC), the Consumer
Specialty Products Association (CPSA),
and the Chemical Producers and
Distributors Association (CPDA). All
four groups requested that EPA extend
the comment period because of the
length of the proposed rule and the
complex legal, scientific, and policy
issues in the rule.
The requesters also cited a desire for
more outreach by EPA on the contents
of the proposal. EPA has already
provided numerous opportunities for
the public to inform itself about the
provisions of the proposed rule. Of
particular note, EPA conducted a two–
day public workshop on the proposed
rule on May 3 - 4, 2005. EPA also met
individually with CLA members on two
occasions and provided an overview of
the proposed rule at a workshop
sponsored by CPDA on May 4, 2005.
Thus, EPA believes that the extensive
outreach activities with stakeholders to
date are sufficient for the purpose and
scope of this particular rulemaking.
To allow stakeholders additional time
to assess the impact of the proposed
revisions on their particular situations
and prepare their comments, EPA is
extending the comment period by an
additional 90 days. The comment
period, which was set to end on June 9,
2005, will now end on September 7,
2005.
III. Do Any Statutory and Executive
Order Reviews Apply to this Action?
No. This action is not a rulemaking,
it merely extends the date by which
public comments on a proposed rule
must be submitted to EPA on a
proposed rule that previously published
in the Federal Register of March 11,
2005 (70 FR 12275).
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]]>Agencies
[Federal Register Volume 70, Number 109 (Wednesday, June 8, 2005)]
[Proposed Rules]
[Pages 33409-33414]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11380]
[[Page 33409]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[OAR-2003-0090; FRL-7921-9]
RIN 2060-AN04
Extension of the Deferred Effective Date for 8-hour Ozone
National Ambient Air Quality Standards for Early Action Compact Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing to extend the deferral of the effective
date of air quality designations for certain areas of the country that
have entered into Early Action Compacts. Early Action Compact areas
have agreed to reduce ground-level ozone pollution earlier than the
Clean Air Act (CAA) requires. On April 30, 2004, EPA published a notice
designating all areas of the country for the 8-hour ozone National
Ambient Air Quality Standards (NAAQS). In the designation rule, EPA
deferred the effective date of the nonattainment designation for 14
areas that had entered into Early Action Compacts. The current
effective date is September 30, 2005. The EPA is now proposing to
extend the deferral of the effective date for all 14 Early Action
compact areas until December 31, 2006.
DATES: Comments must be received on or before July 8, 2005.
ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2003-
0090, 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://www.epa.gov/edocket. EDOCKET,
EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
E-mail: Comments may be sent by electronic mail (e-mail)
to A-and-R-Docket@epa.gov, Attention Docket ID No. OAR-2003-0090.
Fax: Fax your comments to: 202-566-1741, Attention Docket
ID No. OAR-2003-0090.
Mail: Send your comments to: Air and Radiation Docket,
U.S. Environmental Protection Agency, Mail Code: 6102T, 1200
Pennsylvania Ave., NW., Washington, DC, 20460, Attention Docket ID No.
OAR-2003-0090.
Hand Delivery: Air and Radiation Docket, U.S.
Environmental Protection Agency, 1301 Constitution Avenue, NW., Room:
B102, Washington, DC 20004, Attention Docket ID No. OAR-2003-0090. Such
deliveries are only accepted during the Docket's normal hours of
operation and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. OAR-2003-0090.
The EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http:/
/www.epa.gov/edocket, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the federal regulations.gov Web sites 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 EDOCKET or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket 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. For additional instructions on submitting
comments, go to Supplementary Information, Part I--General Information.
Docket: All documents in the docket are listed in the EDOCKET index
at https://www.epa.gov/edocket. 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 EDOCKET or in hard
copy at the OAR Docket, EPA/DC, EPA West, Room B102, 1301 Constitution
Ave, NW., Washington, DC. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the OAR Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Ms. Barbara Driscoll, Office of Air
Quality Planning and Standards, U.S. Environmental Protection Agency,
Mail Code C504-02, Research Triangle Park, NC 27711, phone number (919)
541-1051 or by e-mail at: driscoll.barbara@epa.gov or Mr. David Cole,
Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, Mail Code C539-02, Research Triangle Park, NC 27711,
phone number (919) 541-5565 or by e-mail at: cole.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
In addition, please send a copy of your comments to: Barbara
Driscoll, U.S. Environmental Protection Agency, Office of Air Quality
Planning and Standards by one of the means listed:
E-Mail: driscoll.barbara@epa.gov.
Fax: (919) 541-0824, Attention: Barbara Driscoll.
Mail: Barbara Driscoll, U.S. Environmental Protection
Agency, Office of Air Quality Planning and Standards, Mail Code: C504-
02, Research Triangle Park, NC 27711.
Hand Delivery: Barbara Driscoll, U.S. Environmental
Protection Agency, Office of Air Quality Planning and Standards, 109
T.W. Alexander Drive, Research Triangle Park, NC 27709.
Outline
The following is an outline of the preamble.
I. General Information
II. What Is the Purpose of This Document?
III. What Action Has EPA Taken to Date for Early Action Compact
Areas?
A. What progress are compact areas making toward completing
their milestones?
B. What is today's proposed action for compact areas?
C. What is EPA's schedule for taking further action to continue
to defer the effective date of nonattainment designation for compact
areas?
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045: Protection of Children from
Environmental Health and Safety Risks
[[Page 33410]]
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
II. What Is the Purpose of This Document?
The purpose of this document is to propose to extend the deferral
of the effective date of the 8-hour ozone nonattainment designations
for 14 participants in Early Action Compacts. Currently, the effective
designation date is September 30, 2005, and this proposal would extend
that date to December 31, 2006.
III. What Action Has EPA Taken to Date for Early Action Compact Areas?
This section discusses EPA's actions to date with respect to
deferring the effective date of nonattainment designations for certain
areas of the country that are participating in the Early Action Compact
program. The EPA's April 30 designation rule (68 FR 70108) provides a
description of the compact approach, the requirements for areas
participating in the program and the impacts of the program on those
areas.
On December 31, 2002, we entered into compacts with 33 communities.
To receive the first deferral, these Early Action Compact areas agreed
to reduce ground-level ozone pollution earlier than the CAA would
require. On December 16, 2003 (68 FR 70108), we published a proposed
rule to defer until September 30, 2005, the effective date of
designation for Early Action Compact areas that did not meet the 8-hour
ozone NAAQS. Fourteen of the 33 compact areas did not meet the 8-hour
ozone NAAQS. Table 1 describes the milestones and submissions that
compact areas are required to complete to continue eligibility for a
deferred effective date of nonattainment designation for the 8-hour
ozone standard.
Table 1.--Early Action Compact Milestones
------------------------------------------------------------------------
Submittal date Compact milestone
------------------------------------------------------------------------
December 31, 2002...................... Submit Compact for EPA
signature.
June 16, 2003.......................... Submit preliminary list and
description of potential local
control measures under
consideration.
March 31, 2004......................... Submit complete local plan to
State (includes specific,
quantified and permanent
control measures to be
adopted).
December 31, 2004...................... State submits adopted local
measures to EPA as a SIP
revision that, when approved,
will be federally enforceable.
2005 Ozone Season (or no later than Implement SIP control measures.
December 31, 2005).
June 30, 2006.......................... State reports on implementation
of measures and assessment of
air quality improvement and
reductions in NOX and VOC
emissions to date.
December 31, 2007...................... Area attains 8-hour ozone
NAAQS.
------------------------------------------------------------------------
The final designation rule published April 30, 2004 (69 FR 23858),
included the following actions for compact areas: deferred the
effective date of nonattainment designation for 14 compact areas until
September 30, 2005; detailed the progress compact areas had made toward
completing their milestones; described the final action required for
compact areas; detailed EPA's schedule for taking further action to
extend the deferral of the effective date of nonattainment
designations, if appropriate; and described the consequences for
compact areas that do not meet a milestone. In the April 2004 action,
we also discussed three compact areas which did not meet the March 31,
2004 milestone; Knoxville, Memphis, and Chattanooga, Tennessee.
Knoxville and Memphis were designated nonattainment effective June 15,
2004. Chattanooga was later determined to have met the March 31, 2004
milestone, and we deferred the designation date until September 30,
2005 (69 FR 34080). This brought the number of participating compact
areas to 31.
A. What Progress are Compact Areas Making Toward Completing Their
Milestones?
In this section, we describe the status of the Early Action Compact
areas' progress toward meeting their milestones. In general, the
remaining 29 compact areas \1\ have made satisfactory progress toward
timely completion of their milestones. A compiled list of local
measures is found on EPA's Web site for compact areas at: https://
www.epa.gov/ttn/naaqs/ozone/eac/. By December 31, 2004, all States with
compacts were required to submit to EPA State Implementation Plans
(SIPs) revisions with locally adopted measures which if approved by
EPA, are federally enforceable. Notices for each of the proposed SIP
revisions will be published in the Federal Register by the respective
EPA Regional Office as indicated in Table 2.
---------------------------------------------------------------------------
\1\ Haywood and Putnam Counties decided to withdraw from the
compact arrangement.
Table 2.--Regional Offices Issuing Federal Register Notices on Early
Action Compacts
------------------------------------------------------------------------
Regional offices States
------------------------------------------------------------------------
Makeba Morris, Branch Chief, Air Delaware, District of Columbia,
Quality Planning Branch, EPA Region Maryland, Pennsylvania,
III, 1650 Arch Street, Philadelphia, Virginia, and West Virginia.
PA 19103-2187, (215) 814-2187.
Richard A. Schutt, Chief, Regulatory Alabama, Florida, Georgia,
Development Section, EPA Region IV, Kentucky, Mississippi, North
Sam Nunn Atlanta Federal Center, 61 Carolina, South Carolina, and
Forsyth Street, SW, 12th Floor, Tennessee.
Atlanta, GA 30303, (404) 562-9033.
[[Page 33411]]
Rebecca Weber, Associate Director, Air Arkansas, Louisiana, New
Programs, EPA Region VI, 1445 Ross Mexico, Oklahoma, and Texas.
Avenue, Dallas, TX 75202, (214) 665-
6656.
Richard R. Long, Director, Air and Colorado, Montana, North
Radiation Program, EPA Region VIII, Dakota, South Dakota, Utah,
999 18th Street, Suite 300, Denver, CO and Wyoming.
80202-2466, (303) 312-6005.
------------------------------------------------------------------------
B. What Is Today's Proposed Action for Compact Areas?
Today, we are proposing to extend the deferred effective date of
the nonattainment designation for the 14 compact areas. These 14 areas
have met all compact milestones through the December 31, 2004
submission. We are extending until December 31, 2006 the deferral of
the effective date of the 8-hour ozone nonattainment designation for
the compact area counties listed in Table 3 and are revising 40 CFR
part 81 in the final rule to reflect this extension.
Table 3.--Compact Areas Which Qualify for a Deferred Effective Date of
December 31, 2006
[Note: Name of designated 8-hour ozone nonattanment area is in
parentheses.]
------------------------------------------------------------------------
Counties which
Counties with are part of
Compact area designation compacts and are
State (designated area) deferred to designated
December 31, unclassifiable/
2006 attainment
------------------------------------------------------------------------
EPA Region 3
------------------------------------------------------------------------
VA........... Northern Shenandoah Winchester City;
Valley Region Frederick
(Frederick County, County.
VA), adjacent to
Washington, DC-MD-VA.
VA........... Roanoke Area Roanoke County;
(Roanoke, VA). Botetourt
County; Roanoke
City; Salem
City.
MD........... Washington County Washington
(Washington County County.
(Hagerstown, MD),
adjacent to
Washington, DC-MD-VA.
WV........... The Eastern Pan Berkeley County; ................
Handle Region Jefferson
(Berkeley & County.
Jefferson Counties,
WV), Martinsburg
area.
--------------
EPA Region 4
------------------------------------------------------------------------
NC........... Unifour (Hickory- Catawba County;
Morganton-Lenoir, Alexander
NC). County; Burke
County (part);
Caldwell County
(part).
NC........... Triad (Greensboro- Randolph County; Surry County;
Winston-Salem-High Forsyth County; Yadkin County;
Point, NC). Davie County; Stokes County.
Alamance
County; Caswell
County;
Davidson
County;
Guilford
County;
Rockingham
County.
NC........... Cumberland County Cumberland
(Fayetteville, NC). County.
SC........... Appalachian--A Spartanburg Cherokee County;
(Greenville- County; Pickens County;
Spartanburg- Greenville Oconee County.
Anderson, SC). County;
Anderson County.
SC........... Central Midlands--I Richland County Newberry County;
Columbia area.. (part); Fairfield
Lexington County.
County (part).
TN/GA........ Chattanooga Hamilton County, Marion County,
(Chattanooga, TN-GA). TN; Meigs TN; Walker
County, TN; County, GA.
Catoosa County,
GA.
TN........... Nashville (Nashville, Davidson County; Robertson
TN). Rutherford County;
County; Cheatham
Williamson County; Dickson
County; Wilson County.
County; Sumner
County.
TN........... Johnson City- Sullivan Co, TN; Washington Co,
Kingsport-Bristol Hawkins County, TN; Unicoi
Area (TN portion TN. County, TN;
only). Carter County,
TN; Johnson
County, TN.
--------------
EPA Region 6
------------------------------------------------------------------------
TX........... San Antonio.......... Bexar County; Wilson County.
Comal County;
Guadalupe
County.
--------------
EPA Region 8
------------------------------------------------------------------------
CO........... Denver (Denver- Denver County;
Boulder-Greeley-Ft. Boulder County
Collins-Love, CO). (includes part
of Rocky Mtn
Nat. Park);
Jefferson
County; Douglas
County;
Broomfield;
Adams County;
Arapahoe
County; Larimer
County (part);
Weld County
(part).
------------------------------------------------------------------------
[[Page 33412]]
C. What Is EPA's Schedule for Taking Further Action to Continue to
Defer the Effective Date of Nonattainment Designation for Compact
Areas?
With this action, we are proposing to extend the deferred effective
date of the nonattainment designation for compact areas which have met
their obligations through December 31, 2006. Provided the extension is
promulgated as proposed, we would propose and as appropriate,
promulgate a further extension of the deferred effective date until
December 31, 2007, for those areas that continue to meet all compact
milestones through December 31, 2006. Before December 31, 2007, we
intend to determine whether the compact areas that received the
technical extension have attained the 8-hour ozone NAAQS and have met
all compact milestones. By April 2008, we will issue our determination.
If the area has not attained the standard, the nonattainment
designation will take effect. If the compact area has attained the
standard, EPA will issue an attainment designation for the area. Any
compact area that has not attained the NAAQS and has an effective
nonattainment designation will be subject to full planning requirements
of title I, part D of the CAA, and the area will be required to submit
a revised attainment demonstration SIP within 1 year of the effective
date of designation.
IV. Statutory and Executive Order Reviews
This action proposes to extend the deferral of the effective date
of the nonattainment designation for 14 compact areas until December
30, 2006.
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and, therefore, subject to Office of Management and Budget (OMB) review
and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
This proposal does not require the collection of any information.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an Agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedures Act or any other statute unless the Agency certifies the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's proposed rule on
small entities, small entity is defined as: (1) A small business that
is a small industrial entity as defined in the Small Business
Administration's (SBA) regulations at 13 CFR 121.201; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this rule will not have a significant
economic impact on a substantial number of small entities. This
proposed rule will not impose any requirements on small entities.
Rather, this rule would extend the deferral of the effective date of
the nonattainment designation for areas that implement control measures
and achieve emissions reductions earlier than otherwise required by the
CAA in order to attain the 8-hour ozone NAAQS. We continue to be
interested in the potential impacts of the proposed rule on small
entities and welcome comments on issues related to such impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including Tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
[[Page 33413]]
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
The EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and Tribal governments, in the aggregate, or the private
sector in any 1 year. In this proposal, EPA is deferring the effective
date of nonattainment designations for certain areas that have entered
into compacts with us. Thus, today's proposed rule is not subject to
the requirements of sections 202 and 205 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.''
This proposed rule does not have federalism implications. It will
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. The CAA establishes the scheme
whereby States take the lead in developing plans to meet the NAAQS.
This proposed rule would not modify the relationship of the States and
EPA for purposes of developing programs to implement the NAAQS. Thus,
Executive Order 13132 does not apply to this proposed rule.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed rule
from State and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This proposed rule does not
have ``Tribal implications'' as specified in Executive Order 13175. It
does not have a substantial direct effect on one or more Indian Tribes,
since no Tribe has implemented a CAA program to attain the 8-hour ozone
NAAQS at this time or has participated in a compact.
The EPA specifically solicits additional comment on this proposed
rule from Tribal officials.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045: ``Protection of Children From Environmental
Health and Safety Risks'' (62 FR 19885, April 23, 1997) applies to any
rule that (1) is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This proposal is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This proposed rule is not a ``significant energy action'' as
defined in Executive Order 13211, ``Actions That Significantly Affect
Energy Supply, Distribution, or Use,'' (66 FR 28355; May 22, 2001)
because it is not likely to have a significant adverse effect on the
supply, distribution, or use of energy.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer Advancement Act
of 1995 (NTTAA), Public Law No. 104-113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by VCS bodies. The NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable VCS.
This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any VCS.
The EPA will encourage States that have compact areas to consider
the use of such standards, where appropriate, in the development of
their SIPs.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 requires that each Federal agency make
achieving environmental justice part of its mission by identifying and
addressing, as appropriate, disproportionate high and adverse human
health or environmental effects of its programs, policies, and
activities on minorities and low-income populations.
The EPA believes that this proposed rule should not raise any
environmental justice issues. The health and environmental risks
associated with ozone were considered in the establishment of the 8-
hour, 0.08 ppm ozone NAAQS. The level is designed to be protective with
an adequate margin of safety.
List of Subjects in 40 CFR Part 81
Air pollution control, Environmental protection, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7408; 42 U.S.C. 7410; 42 U.S.C. 7501-7511f;
42 U.S.C. 7601(a)(1).
Dated: June 2, 2005.
Stephen L. Johnson,
Administrator.
40 CFR part 81 is amended as follows:
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
[[Page 33414]]
Subpart C--Section 107 Attainment Status Designations
2. Section 81.300 is amended by revising paragraphs (e)(3)(i) and
(e)(3)(ii)(B) and (C) to read as follows:
Sec. 81.300 Scope.
* * * * *
(e) * * *
(3) * * *
(i) General. Notwithstanding clauses (i) through (iv) of section
107(d)(1)(B) of the Clean Air Act (42 U.S.C. 7407(d)(1)(B)), the
Administrator shall defer until December 31, 2006 the effective date of
a nonattainment designation of any area subject to a compact that does
not meet (or that contributes to ambient air quality in a nearby area
that does not meet) the 8-hour ozone national ambient air quality
standard if the Administrator determines that the area subject to a
compact has met the requirements in paragraphs (e)(2)(i) through (iii)
of this section.
(ii) * * *
(B) Prior to expiration of the deferred effective date on December
31, 2006, if the Administrator determines that an area or the State
subject to a compact has not met either requirement in paragraphs
(e)(2)(iv) and (v) of this section, the nonattainment designation shall
become effective as of the deferred effective date, unless EPA takes
affirmative rulemaking action to further extend the deadline.
(C) If the Administrator determines that an area subject to a
compact and/or State has not met any requirement in paragraphs
(e)(2)(iv) through (vi) of this section, the nonattainment designation
shall become effective as of the deferred effective date, unless EPA
takes affirmative rulemaking action to further extend the deadline.
* * * * *
[FR Doc. 05-11380 Filed 6-7-05; 8:45 am]
BILLING CODE 6560-50-P
