PM2.5, 17047-17050 [06-3310]
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Federal Register / Vol. 71, No. 65 / Wednesday, April 5, 2006 / Proposed Rules
Water Resources and Wetlands
Clean Water Act, 33 U.S.C. 1251–1377
Section 404
Section 401
Section 319
Coastal Barrier Resources Act, 16 U.S.C.
3501–3510
Coastal Zone Management Act, 16 U.S.C.
1451–1465
Land and Water Conservation Fund (LWCF),
16 U.S.C. 4601–4604
Safe Drinking Water Act (SDWA), 42 U.S.C.
300(f)–300(j)(6)
Rivers and Harbors Act of 1899, 33 U.S.C.
401–406
Wild and Scenic Rivers Act, 16 U.S.C. 1271–
1287
Emergency Wetlands Resources Act, 16
U.S.C. 3921, 3931
TEA–21 Wetlands Mitigation, 23 U.S.C.
103(b)(6)(m), 133(b)(11)
Flood Disaster Protection Act, 42 U.S.C.
4001–4128
Parklands
Section 4(f) of the Department of
Transportation Act of 1966, 49 U.S.C. 303
Hazardous Materials
Comprehensive Environmental Response,
Compensation, and Liability Act
(CERCLA), 42 U.S.C. 9601–9675
Superfund Amendments and Reauthorization
Act of 1986 (SARA)
Resource Conservation and Recovery Act
(RCRA), 42 U.S.C. 6901–6992(k)
Land
Landscaping and Scenic Enhancement
(Wildflowers), 23 U.S.C. 319
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Executive Orders Relating to Highway
Projects
The following is a list of Executive Orders
that apply to Highway Projects. STDs
assuming FHWA’s lead agency
responsibilities under NEPA will be required
to comply with these Executive Orders as a
condition of application approval.
E.O. 11990 Protection of Wetlands
E.O. 11988 Floodplain Management
E.O. 12898 Federal Actions to Address
Environmental Justice in Minority
Populations and Low Income Populations
*E.O. 11593 Protection and Enhancement of
Cultural Resources
*E.O. 13007 Indian Sacred Sites
E.O. 13287 Preserve America
*E.O. 13175 Consultation and Coordination
with Indian Tribal Governments
E.O. 11514 Protection and Enhancement of
Environmental Quality
E.O. 13112 Invasive Species
*These laws and Executive Orders involve
FHWA’s responsibilities for government to
government tribal consultation. These
responsibilities may only be administered by
the STD if the tribe consents to consultation
with the STD through a formally signed MOU
or agreement.
[FR Doc. E6–4911 Filed 4–4–06; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 51 and 93
[EPA–HQ–OAR–2004–0491; FRL–8055–4]
RIN 2060–AN60
PM2.5 De Minimis Emission Levels for
General Conformity Applicability
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: The EPA is proposing to
amend its regulations relating to the
Clean Air Act (CAA) requirement that
Federal actions conform to the
appropriate State, Tribal or Federal
implementation plan for attaining clean
air (‘‘general conformity’’) to add de
minimis emissions levels for particulate
matter with an aerodynamic diameter
equal to or less than 2.5 microns (PM2.5)
National Ambient Air Quality Standards
(NAAQS) and its precursors.
DATES: Comments must be received by
May 5, 2006.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2004–0491, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: A-and-R-Docket@epa.gov,
attention Docket No. EPA–HQ–OAR–
2004–0491.
• Fax: 202–566–1741.
• Mail: PM2.5 De Minimis Emission
Levels for General Conformity
Applicability, Docket ID No. EPA–HQ–
OAR–2004–0491, Environmental
Protection Agency Docket Center, Mail
Code: 6102T, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460.
Please include a total of two copies, if
possible. In addition, please mail a copy
of your comments on the information
collection provisions to the Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB), Attn: Desk Officer for EPA, 725
17th St., NW., Washington, DC 20503.
• Hand Delivery: PM2.5 De Minimis
Emission Levels for General Conformity
Applicability, Docket ID No. EPA–HQ–
OAR–2004–0491, Environmental
Protection Agency Docket Center, EPA
West, Room B–102, 1301 Constitution
Avenue, NW., Washington, DC. 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 comments to
Docket ID No. EPA–HQ–OAR–2004–
0491. The EPA’s policy is that all
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comments received will be included in
the public docket without change and
may be made available online at
https://www.regulations.gov,
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 https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, 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 https://
www.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 information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the 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 Air Docket is (202) 566–1742.
Mr.
Thomas Coda, Office of Air Quality
Planning and Standards, U.S.
Environmental Protection Agency, Mail
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 71, No. 65 / Wednesday, April 5, 2006 / Proposed Rules
Code C539–02, Research Triangle Park,
NC 27711, phone number (919) 541–
3037 or by e-mail at coda.tom@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
Today’s action applies to all Federal
agencies and Federal activities.
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B. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through https://
www.regulations.gov or e-mail. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for Preparing Your Comments.
When submitting comments remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• Follow directions—The agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
• Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
• Describe any assumptions and
provide any technical information and/
or data that you used.
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
• Provide specific examples to
illustrate your concerns, and suggest
alternatives.
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
• Make sure to submit your
comments by the comment period
deadline identified.
II. Today’s Rule
This proposed rule and the
accompanying direct final rule are
available electronically on the day of
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publication from EPA’s Federal Register
Web site https://www.epa.gov/docs/
fedrgstr/EPA–AIR/. For further
information, including the rationale,
administrative requirements, statutory
authority, and regulatory text for these
amendments, please see the information
provided in the direct final action that
is located in the ‘‘Rules and
Regulations’’ section of this Federal
Register publication.
III. Statutory and Executive Order
Reviews
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 regulation 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.
Pursuant to the terms of Executive
Order 12866, it has been determined
that these revisions to the regulations
are considered a ‘‘significant regulatory
action’’ because they may interfere with
actions taken or planned by other
Federal agencies. As such, this action
was submitted to OMB for review.
Changes made in response to OMB
suggestions or recommendations can be
found in the public docket.
B. Paperwork Reduction Act
This action does not directly impose
an information collection burden under
the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.,
on non-Federal entities. The General
Conformity Regulations require Federal
agencies to determine that their actions
conform to the SIPs or TIPs. However,
depending upon how Federal agencies
implement the regulations, non-Federal
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entities seeking funding or approval
from those Federal agencies may be
required to submit information to that
agency.
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
generally requires an Agency to prepare
a regulatory flexibility analysis of any
regulation 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 revisions to the
regulations on small entities, small
entity is defined as:
1. A small business that is a small
industrial entity as defined in the U.S.
Small Business Administration (SBA)
size standards. (See 13 CFR 121.201);
2. A 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.
Today’s proposed revisions to the
regulations, if promulgated will not
impose any requirements on small
entities and therefore, will not have a
significant economic impact on a
substantial number of small entities.
The General Conformity Regulations
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require Federal agencies to conform to
the appropriate State, Tribal or Federal
implementation plan for attaining clean
air. We continue to be interested in the
potential impacts of the regulations on
small entities and welcome comments
on issues related to such impacts.
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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
regulations 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 regulation
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 to adopt the least
costly, most cost-effective or least
burdensome alternative that achieves
the objectives of the regulation. 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
regulations 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
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 these
revisions to the regulations do 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. Thus,
today’s proposed regulation revisions
are not subject to the requirements of
sections 202 and 205 of the UMRA.
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The EPA has determined that these
proposed regulation revisions contain
no regulatory requirements that may
significantly or uniquely affect small
governments, including Tribal
governments.
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 action does not have Federalism
implications. The regulations 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. Previously, EPA
determined the costs to States to
implement the General Conformity
Regulations to be less than $100,000 per
year. Thus, Executive Order 13132 does
not apply to these proposed regulation
revisions.
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 determination is
stated below.
These proposed regulation revisions
do not have Tribal implications as
defined by Executive Order 13175. They
do not have a substantial direct effect on
one or more Indian Tribes, since no
Tribe has to demonstrate conformity for
their actions. Furthermore, these
proposed regulation revisions do not
affect the relationship or distribution of
power and responsibilities between the
Federal government and Indian Tribes.
The CAA and the Tribal Air Rule
establish the relationship of the Federal
government and Tribes in developing
plans to attain the NAAQS, and these
revisions to the regulations do nothing
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to modify that relationship. Because
these proposed regulation revisions do
not have Tribal implications, Executive
Order 13175 does not apply.
Although Executive Order 13175 does
not apply to these regulations, EPA
encourages Tribal input and specifically
solicits comment on this regulation 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.
These proposed revisions to the
regulations are not subject to Executive
Order 13045 because they are not
economically significant as defined in
Executive Order 12866 and because EPA
does not have reason to believe the
environmental health or safety risk
addressed by the General Conformity
Regulations present a disproportionate
risk to children. The General
Conformity Regulations ensure that
Federal agencies comply with the SIP,
TIP or FIP for attaining and maintaining
the NAAQS. The NAAQS are
promulgated to protect the health and
welfare of sensitive populations,
including children.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
These revisions to the regulations are
not considered 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 104–113,
section 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
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standards (VCS) in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. The VCS 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 revision to the regulations does
not involve technical standards.
Therefore, EPA is not considering the
use of any VCS.
However, EPA will encourage the
Federal agencies to consider the use of
such standards, where appropriate, in
the implementation of the General
Conformity Regulations.
List of Subjects
40 CFR Part 51
Environmental protection,
Administrative practice and procedures,
Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile
organic compounds.
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40 CFR Part 93
Environmental protection,
Administrative practice and procedures,
Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
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Dated: March 31, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. 06–3310 Filed 4–4–06; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2006–0153; FRL–8053–9]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Revised Definition of ‘‘Volatile Organic
Compound’’
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
Executive Order 12898 requires that
each Federal agency make achieving
environmental justice part of its mission
by identifying and addressing, as
appropriate, disproportionately high
and adverse human health
environmental effects of its programs,
policies, and activities on minorities
and low-income populations.
The EPA believes that these proposed
revisions to the regulations should not
raise any environmental justice issues.
The proposed revisions to the
regulations would, if promulgated,
revise procedures for other Federal
agencies to follow. They do not
disproportionately affect the health or
safety of minority or low income
populations. The EPA encourages other
agencies to carefully consider and
address environmental justice in their
implementation of their evaluations and
conformity determinations.
16:24 Apr 04, 2006
Authority: 42 U.S.C. 7401–7671q.
AGENCY:
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
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requirements, Sulfur dioxide, Volatile
organic compounds.
SUMMARY: EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by the Virginia
Department of Environmental Quality.
This revision amends Virginia
regulation 9 VAC 5–10–20 by updating
the definition of ‘‘volatile organic
compound’’. This action is being taken
under the Clean Air Act (CAA or the
Act).
DATES: Written comments must be
received on or before May 5, 2006.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2006–0153 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail: morris.makeba@epa.gov.
C. Mail: EPA–R03–OAR–2006–0153,
Makeba Morris, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. 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. EPA–R03–OAR–2006–
0153. 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.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
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whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, 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 https://
www.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.
Docket: All documents in the
electronic docket are listed in the https://
www.regulations.gov index. 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 https://
www.regulations.gov or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT:
Helene Drago, (215) 814–5796, or by email at drago.helene@epa.gov.
SUPPLEMENTARY INFORMATION: On
January 12, 2006, the Virginia
Department of Environmental Quality
submitted a revision to its State
Implementation Plan (SIP). The revision
updated the definition of ‘‘volatile
organic compound’’. The revision
consists of amendments to Regulation 9
VAC 5–10–20 ‘‘Terms defined’’.
I. Background
The Virginia Register of Regulations
defines ‘‘volatile organic compound’’ at
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]]>Agencies
[Federal Register Volume 71, Number 65 (Wednesday, April 5, 2006)]
[Proposed Rules]
[Pages 17047-17050]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3310]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51 and 93
[EPA-HQ-OAR-2004-0491; FRL-8055-4]
RIN 2060-AN60
PM2.5 De Minimis Emission Levels for General Conformity
Applicability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing to amend its regulations relating to the
Clean Air Act (CAA) requirement that Federal actions conform to the
appropriate State, Tribal or Federal implementation plan for attaining
clean air (``general conformity'') to add de minimis emissions levels
for particulate matter with an aerodynamic diameter equal to or less
than 2.5 microns (PM2.5) National Ambient Air Quality
Standards (NAAQS) and its precursors.
DATES: Comments must be received by May 5, 2006.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2004-0491, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: A-and-R-Docket@epa.gov, attention Docket No. EPA-
HQ-OAR-2004-0491.
Fax: 202-566-1741.
Mail: PM2.5 De Minimis Emission Levels for
General Conformity Applicability, Docket ID No. EPA-HQ-OAR-2004-0491,
Environmental Protection Agency Docket Center, Mail Code: 6102T, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total
of two copies, if possible. In addition, please mail a copy of your
comments on the information collection provisions to the Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attn: Desk Officer for EPA, 725 17th St., NW., Washington, DC
20503.
Hand Delivery: PM2.5 De Minimis Emission Levels
for General Conformity Applicability, Docket ID No. EPA-HQ-OAR-2004-
0491, Environmental Protection Agency Docket Center, EPA West, Room B-
102, 1301 Constitution Avenue, NW., Washington, DC. 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 comments to Docket ID No. EPA-HQ-OAR-2004-
0491. 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.regulations.gov, 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 https://
www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, 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 https://www.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 information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/
epahome/dockets.htm.
Docket: All documents in the docket are listed in the https://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the 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 Air
Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Coda, Office of Air Quality
Planning and Standards, U.S. Environmental Protection Agency, Mail
[[Page 17048]]
Code C539-02, Research Triangle Park, NC 27711, phone number (919) 541-
3037 or by e-mail at coda.tom@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
Today's action applies to all Federal agencies and Federal
activities.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
https://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD-ROM that you mail EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
II. Today's Rule
This proposed rule and the accompanying direct final rule are
available electronically on the day of publication from EPA's Federal
Register Web site https://www.epa.gov/docs/fedrgstr/EPA-AIR/. For
further information, including the rationale, administrative
requirements, statutory authority, and regulatory text for these
amendments, please see the information provided in the direct final
action that is located in the ``Rules and Regulations'' section of this
Federal Register publication.
III. Statutory and Executive Order Reviews
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
regulation 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.
Pursuant to the terms of Executive Order 12866, it has been
determined that these revisions to the regulations are considered a
``significant regulatory action'' because they may interfere with
actions taken or planned by other Federal agencies. As such, this
action was submitted to OMB for review. Changes made in response to OMB
suggestions or recommendations can be found in the public docket.
B. Paperwork Reduction Act
This action does not directly impose an information collection
burden under the provisions of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq., on non-Federal entities. The General Conformity
Regulations require Federal agencies to determine that their actions
conform to the SIPs or TIPs. However, depending upon how Federal
agencies implement the regulations, non-Federal entities seeking
funding or approval from those Federal agencies may be required to
submit information to that agency.
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 generally requires an Agency to
prepare a regulatory flexibility analysis of any regulation 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 revisions
to the regulations on small entities, small entity is defined as:
1. A small business that is a small industrial entity as defined in
the U.S. Small Business Administration (SBA) size standards. (See 13
CFR 121.201);
2. A 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.
Today's proposed revisions to the regulations, if promulgated will
not impose any requirements on small entities and therefore, will not
have a significant economic impact on a substantial number of small
entities. The General Conformity Regulations
[[Page 17049]]
require Federal agencies to conform to the appropriate State, Tribal or
Federal implementation plan for attaining clean air. We continue to be
interested in the potential impacts of the regulations 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 regulations 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 regulation
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 to adopt the least costly, most cost-
effective or least burdensome alternative that achieves the objectives
of the regulation. 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 regulations 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
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 these revisions to the regulations do
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. Thus, today's proposed
regulation revisions are not subject to the requirements of sections
202 and 205 of the UMRA.
The EPA has determined that these proposed regulation revisions
contain no regulatory requirements that may significantly or uniquely
affect small governments, including Tribal governments.
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 action does not have Federalism implications. The regulations
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. Previously, EPA
determined the costs to States to implement the General Conformity
Regulations to be less than $100,000 per year. Thus, Executive Order
13132 does not apply to these proposed regulation revisions.
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 determination is stated
below.
These proposed regulation revisions do not have Tribal implications
as defined by Executive Order 13175. They do not have a substantial
direct effect on one or more Indian Tribes, since no Tribe has to
demonstrate conformity for their actions. Furthermore, these proposed
regulation revisions do not affect the relationship or distribution of
power and responsibilities between the Federal government and Indian
Tribes. The CAA and the Tribal Air Rule establish the relationship of
the Federal government and Tribes in developing plans to attain the
NAAQS, and these revisions to the regulations do nothing to modify that
relationship. Because these proposed regulation revisions do not have
Tribal implications, Executive Order 13175 does not apply.
Although Executive Order 13175 does not apply to these regulations,
EPA encourages Tribal input and specifically solicits comment on this
regulation 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.
These proposed revisions to the regulations are not subject to
Executive Order 13045 because they are not economically significant as
defined in Executive Order 12866 and because EPA does not have reason
to believe the environmental health or safety risk addressed by the
General Conformity Regulations present a disproportionate risk to
children. The General Conformity Regulations ensure that Federal
agencies comply with the SIP, TIP or FIP for attaining and maintaining
the NAAQS. The NAAQS are promulgated to protect the health and welfare
of sensitive populations, including children.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
These revisions to the regulations are not considered 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 104-113, section 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
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standards (VCS) in its regulatory activities unless to do so would be
inconsistent with applicable law or otherwise impractical. The VCS 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 revision to the regulations does not involve technical
standards. Therefore, EPA is not considering the use of any VCS.
However, EPA will encourage the Federal agencies to consider the
use of such standards, where appropriate, in the implementation of the
General Conformity Regulations.
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, disproportionately high and adverse human
health environmental effects of its programs, policies, and activities
on minorities and low-income populations.
The EPA believes that these proposed revisions to the regulations
should not raise any environmental justice issues. The proposed
revisions to the regulations would, if promulgated, revise procedures
for other Federal agencies to follow. They do not disproportionately
affect the health or safety of minority or low income populations. The
EPA encourages other agencies to carefully consider and address
environmental justice in their implementation of their evaluations and
conformity determinations.
List of Subjects
40 CFR Part 51
Environmental protection, Administrative practice and procedures,
Air pollution control, Carbon monoxide, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.
40 CFR Part 93
Environmental protection, Administrative practice and procedures,
Air pollution control, Carbon monoxide, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: March 31, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. 06-3310 Filed 4-4-06; 8:45 am]
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