Ambient Air Monitoring Regulations: Correcting and Other Amendments, 32266-32269 [07-2237]
Download as PDF
<![CDATA[
32266
Federal Register / Vol. 72, No. 112 / Tuesday, June 12, 2007 / Proposed Rules
maintenance plan for assuring that the
area will continue to attain this
standard. EPA is also proposing to find
that the Columbus area meets the
redesignation criteria set forth in section
107(d)(3)(E) of the CAA, and on this
basis, EPA is proposing to approve the
redesignation of the Columbus area from
nonattainment to attainment for the 8hour ozone standard.
Finally, EPA is finding adequate and
proposing to approve the 2009 and 2018
VOC and NOX MVEBs submitted by
Ohio in conjunction with the
redesignation request.
IX. Statutory and Executive Order
Reviews
Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’
and, therefore, is not subject to review
by the Office of Management and
Budget.
Paperwork Reduction Act
This proposed rule does not impose
an information collection burden under
the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
cprice-sewell on PROD1PC67 with PROPOSALS
Regulatory Flexibility Act
This proposed action merely proposes
to approve State law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
State law. Redesignation of an area to
attainment under section 107(d)(3)(E) of
the CAA does not impose any new
requirements on small entities.
Redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on sources. Accordingly,
the Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).
Unfunded Mandates Reform Act
Because this rule proposes to approve
pre-existing requirements under State
law and does not impose any additional
enforceable duty beyond that required
by State law, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4).
Executive Order 13132: Federalism
This action also does not have
Federalism implications because it does
not have substantial direct effects on the
States, on the relationship between the
VerDate Aug<31>2005
11:37 Jun 11, 2007
Jkt 211001
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). Redesignation is an
action that merely affects the status of
a geographical area, does not impose
any new requirements on sources, or
allows a State to avoid adopting or
implementing other requirements, and
does not alter the relationship or the
distribution of power and
responsibilities established in the CAA.
Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175 (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 also
does not have tribal implications, as
specified in Executive Order 13175,
because redesignation is an action that
affects the status of a geographical area
and does not impose any new regulatory
requirements on tribes, impact any
existing sources of air pollution on
tribal lands, nor impair the maintenance
of ozone national ambient air quality
standards in tribal lands. Thus,
Executive Order 13175 does not apply
to this rule.
Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This proposed rule also is not subject
to Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant.
Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ‘‘significant
regulatory action’’ under Executive
Order 12866 or a ‘‘significant energy
action,’’ this action is also not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001).
National Technology Transfer
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTA), 15 U.S.C. 272,
requires Federal agencies to use
technical standards that are developed
or adopted by voluntary consensus to
PO 00000
Frm 00044
Fmt 4702
Sfmt 4702
carry out policy objectives, so long as
such standards are not inconsistent with
applicable law or otherwise
impracticable. In reviewing program
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the CAA. Absent a prior
existing requirement for the State to use
voluntary consensus standards, EPA has
no authority to disapprove a program
submission for failure to use such
standards, and it would thus be
inconsistent with applicable law for
EPA to use voluntary consensus
standards in place of a program
submission that otherwise satisfies the
provisions of the Act. Redesignation is
an action that affects the status of a
geographical area but does not impose
any new requirements on sources. Thus,
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air
Pollution Control, National parks,
Wilderness areas.
Dated: June 1, 2007.
Walter Kovalick,
Acting Regional Administrator, Region 5.
[FR Doc. E7–11294 Filed 6–11–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 53 and 58
[EPA–HQ–OAR–2004–0018; FRL–8308–8]
RIN 2060–AO06
Ambient Air Monitoring Regulations:
Correcting and Other Amendments
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: The EPA is proposing to
correct and clarify parts of a recent final
rule published on October 17, 2006, that
amended the ambient air monitoring
requirements for criteria pollutants. The
proposed changes include several
instances where the wording in the
preamble and regulatory text were not
completely consistent, several
regulatory text passages that contained
some imprecise language, two instances
E:\FR\FM\12JNP1.SGM
12JNP1
Federal Register / Vol. 72, No. 112 / Tuesday, June 12, 2007 / Proposed Rules
of regulatory text omission, an outdated
address reference, and numerous
publication errors in tables and
equations. EPA is also proposing to
allow EPA Regional Administrators to
approve departures from the minimum
number of PM10 monitors otherwise
specified in the rule. In the ‘‘Rules and
Regulations’’ section of this Federal
Register, we are taking direct final
action on the amendments because we
view the amendments as noncontroversial and anticipate no adverse
comments. If we receive no adverse
comments, we will take no further
action on this proposed rule.
DATES: Written comments must be
received by July 12, 2007.
ADDRESSES: Please see the related direct
final rule, which is located in the ‘‘Rules
and Regulations’’ section of this Federal
Register, for detailed instructions on
how to submit comments.
FOR FURTHER INFORMATION CONTACT: Mr.
Lewis Weinstock, Air Quality
Assessment Division (C304–06), Office
of Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number: (919) 541–
3661; fax number: (919) 541–1903; email address: weinstock.lewis@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why Is EPA Issuing This Proposed
Rule?
This document proposes to take
action on Ambient Air Monitoring
Regulations: Correcting and Other
Amendments. We have published a
direct final rule identical to this
proposal to correct and clarify parts of
a recent final rule published on October
17, 2006, that amended the ambient air
monitoring requirements for criteria
pollutants. We view this as a noncontroversial action and anticipate no
adverse comment. We have explained
our reasons for this action in the
preamble to the direct final rule.
If we receive no adverse comment, we
will not take further action on this
proposed rule. If EPA receives relevant
adverse comment on one or more of the
amendments included in this proposal,
NAICS code 1
Category
Industry ...................................................
334513
541380
Federal Government ..............................
924110
State/territorial/local/tribal government ...
924110
cprice-sewell on PROD1PC67 with PROPOSALS
1 North
32267
we will publish a timely withdrawal in
the Federal Register informing the
public which amendment or
amendments we are withdrawing. The
provisions that are not withdrawn will
become effective as set out in the
DATES section of the direct final rule.
We will address these public comments
in a subsequent final rule based on this
proposal. We will not institute a second
comment period on this action. Any
persons interested in commenting must
do so at this time.
The regulatory text for the proposal is
identical to that for the direct final rule
published in the ‘‘Rules and
Regulations’’ section of this Federal
Register. For further supplementary
information, the detailed rationale for
the proposal and the regulatory
revisions, see the direct final rule
published in a separate part of this
Federal Register.
II. Does This Action Apply to Me?
Categories and entities potentially
regulated by this action include:
Examples of regulated entities
Manufacturer, supplier, distributor, or vendor of ambient air monitoring instruments; analytical laboratories or other monitoring organizations that elect to
submit an application for a reference or equivalent method determination
under 40 CFR part 53.
Federal agencies (that conduct ambient air monitoring similar to that conducted
by States under 40 CFR part 58 and that wish EPA to use their monitoring
data in the same manner as State data) or that elect to submit an application
for a reference or equivalent method determination under 40 CFR part 53.
State, territorial, and local air quality management programs that are responsible for ambient air monitoring under 40 CFR part 58 or that elect to submit
an application for a reference or equivalent method determination under 40
CFR part 53 or for an approved regional method approved under 40 CFR part
58 appendix C. The proposal also may affect Tribes that conduct ambient air
monitoring similar to that conducted by States and that wish EPA to use their
monitoring data in the same manner as State monitoring data.
American Industry Classification System.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. This table lists
the types of entities that EPA is now
aware could potentially be regulated by
this action. Other types of entities not
listed in the table could also be
regulated. To determine whether your
facility or Federal, State, local, tribal, or
territorial agency is regulated by this
action, you should carefully examine
the requirements for reference or
equivalent method determinations in 40
CFR part 53, subpart A (General
Provisions) and the applicability criteria
in 40 CFR 51.1 of EPA’s requirements
for State implementation plans. If you
have questions regarding the
applicability of this action to a
particular entity, consult the person
VerDate Aug<31>2005
11:37 Jun 11, 2007
Jkt 211001
listed in the preceding FOR FURTHER
section.
have been documented in the docket for
this action.
III. Statutory and Executive Order
Reviews
B. Paperwork Reduction Act
INFORMATION CONTACT
A. Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is a
‘‘significant regulatory action’’ because
it may raise novel legal policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
Accordingly, EPA submitted this action
to the Office of Management and Budget
(OMB) for review under Executive
Order 12866 and any changes made in
response to OMB recommendations
PO 00000
Frm 00045
Fmt 4702
Sfmt 4702
This action does not impose any new
information collection, as it only
corrects printing errors, provides
clarifications, and provides new
flexibility for PM 10 monitoring on a
case-by-case basis. However, the OMB
has previously approved the
information collection requirements
contained in the existing regulations for
40 CFR part 53 and 40 CFR part 58
under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.,
and has assigned OMB control number
2060–0084, EPA ICR number 0940.20. A
copy of the OMB approved Information
Collection Request (ICR) may be
obtained from Susan Auby, Collection
E:\FR\FM\12JNP1.SGM
12JNP1
32268
Federal Register / Vol. 72, No. 112 / Tuesday, June 12, 2007 / Proposed Rules
cprice-sewell on PROD1PC67 with PROPOSALS
Strategies Division, U.S. Environmental
Protection Agency (2822T), 1200
Pennsylvania Ave., NW., Washington,
DC 20460 or by calling (202) 566–1672.
This action does not impose any new
information collection burden beyond
the already-approved ICR.
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 Procedure Act or any
other statute unless the agency certifies
that 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 rule on small entities, small
entity is defined as: (1) A small business
defined by 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 action
will not have a significant economic
impact on a substantial number of small
entities.
VerDate Aug<31>2005
11:37 Jun 11, 2007
Jkt 211001
This proposed rule will not impose
any requirements on small entities.
None of the corrections and
clarifications creates additional
regulatory requirements on affected
entities compared to those that were
promulgated in the final rule that was
published in the Federal Register on
October 17, 2006. The proposed rule
changes only correct printing errors,
provide clarifications, and provide new
flexibility for PM10 monitoring on a
case-by-case basis.
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 one 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
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
proposed rule does not contain a
Federal mandate that may result in
expenditures of $100 million or more
for State, local, and tribal governments,
PO 00000
Frm 00046
Fmt 4702
Sfmt 4702
in the aggregate, or the private sector in
any one year, because the changes being
made are merely clarifications and
corrections. Thus, today’s rule is not
subject to the requirements of sections
202 and 205 of the UMRA.
The EPA has determined that this
proposed rule contains no regulatory
requirements that might significantly or
uniquely affect small governments.
None of the proposed changes creates
additional regulatory requirements on
affected entities compared to those that
were promulgated in the final rule that
was published in the Federal Register
on October 17, 2006. The proposed
changes only correct printing errors,
provide clarifications, and provide some
new flexibility for PM10 monitoring on
a case-by-case basis. Therefore, this
proposed rule is not subject to the
requirements of section 203 of the
UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (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 because 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. This is because
the proposed changes being made only
correct printing errors, provide
clarifications, and provide some new
flexibility for PM10 monitoring on a
case-by-case basis. Thus, Executive
Order 13132 does not apply to this
proposed rule.
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
E:\FR\FM\12JNP1.SGM
12JNP1
Federal Register / Vol. 72, No. 112 / Tuesday, June 12, 2007 / Proposed Rules
on minority or low-income populations
because it does not affect the level of
protection provided to human health or
the environment. The rule merely
proposed to amend the October 17,
2006, final monitoring rule (71 FR
61236) by correcting printing errors,
providing clarifications, and providing
some new flexibility for PM10
monitoring on a case-by-case basis.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62FR19885,
April 23, 1997) applies to any rule that:
(1) Is determined to be ‘‘economically
significant’’ as defined under EO 12866,
and (2) concerns an environmental
health or safety risk that EPA has reason
to believe may have a 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.
EPA interprets EO 13045 as applying
only to those regulatory actions that
concern health or safety risks, such that
the analysis required under section 5–
501 of the EO has the potential to
influence the regulation. This proposed
rule is not subject to EO 13045 because
it does not establish an environmental
standard intended to mitigate health or
safety risks.
cprice-sewell on PROD1PC67 with PROPOSALS
implications.’’ This proposed rule does
not have tribal implications, as specified
in Executive Order 13175. The EPA
consulted with tribal officials early in
the process of developing the October
17, 2006, rule to permit them to have
meaningful and timely input into its
development. Although tribal
governments may elect to conduct
ambient air monitoring, none of the
proposed changes in today’s rule apply
directly to tribal governments. Thus,
Executive Order 13175 does not apply
to this rule.
This proposed rule is not a
‘‘significant energy action’’ as defined in
Executive Order 13211, ‘‘Actions
Concerning Regulations 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.
No significant change in the use of
energy is expected because the total
number of monitors for ambient air
quality measurements will not increase
above present levels. Further, we have
concluded that this rule is not likely to
have any adverse energy effects.
H. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes Federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this
proposed rule will not have
disproportionately high and adverse
human health or environmental effects
VerDate Aug<31>2005
14:39 Jun 11, 2007
Jkt 211001
I. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
J. National Technology Transfer
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law No.
104–113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards 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 voluntary consensus standards
bodies. The NTTAA directs EPA to
provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
This action does not involve technical
standards, other than to make
corrections and clarifications. Therefore,
EPA did not consider the use of any
voluntary consensus standards.
List of Subjects in 40 CFR Parts 53 and
58
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements.
PO 00000
Frm 00047
Fmt 4702
Sfmt 4702
32269
Dated: April 30, 2007.
Stephen L. Johnson,
Administrator.
[FR Doc. 07–2237 Filed 6–11–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2007–0297; FRL–8325–7]
RIN A2060–AO44
Protection of Stratospheric Ozone:
Allocation of Essential Use Allowances
for Calendar Year 2008
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to allocate
essential use allowances for import and
production of Class I ozone-depleting
substances (ODSs) for calendar year
2008. Essential use allowances enable a
person to obtain controlled Class I ODSs
as part of an exemption to the regulatory
ban on the production and import of
these chemicals, which became effective
as of January 1, 1996. EPA allocates
essential use allowances for exempted
production or import of a specific
quantity of Class I substances solely for
the designated essential purpose. The
proposed allocations total 27.0 metric
tons (MT) of chlorofluorocarbons (CFCs)
for use in metered dose inhalers (MDIs)
for 2008.
DATES: Written comments on this
proposed rule must be received by the
EPA Docket on or before July 12, 2007,
unless a public hearing is requested.
Comments must then be received on or
before 30 days following the public
hearing. Any party requesting a public
hearing must notify the contact listed
below under FOR FURTHER INFORMATION
CONTACT by 5 p.m. Eastern Standard
Time on June 18, 2007. If a hearing is
held, it will take place on June 27, 2007
at EPA headquarters in Washington DC.
EPA will post a notice on our Web site
(https://www.epa.gov/ozone) announcing
further information on the hearing if it
is requested.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2007–0297, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• E-mail: A-and-R-docket@epa.gov.
• Fax: 202–566–9744.
• Mail: Air Docket, Environmental
Protection Agency, Mailcode 2822T,
E:\FR\FM\12JNP1.SGM
12JNP1
]]>Agencies
[Federal Register Volume 72, Number 112 (Tuesday, June 12, 2007)]
[Proposed Rules]
[Pages 32266-32269]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2237]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 53 and 58
[EPA-HQ-OAR-2004-0018; FRL-8308-8]
RIN 2060-AO06
Ambient Air Monitoring Regulations: Correcting and Other
Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing to correct and clarify parts of a recent
final rule published on October 17, 2006, that amended the ambient air
monitoring requirements for criteria pollutants. The proposed changes
include several instances where the wording in the preamble and
regulatory text were not completely consistent, several regulatory text
passages that contained some imprecise language, two instances
[[Page 32267]]
of regulatory text omission, an outdated address reference, and
numerous publication errors in tables and equations. EPA is also
proposing to allow EPA Regional Administrators to approve departures
from the minimum number of PM10 monitors otherwise specified
in the rule. In the ``Rules and Regulations'' section of this Federal
Register, we are taking direct final action on the amendments because
we view the amendments as non-controversial and anticipate no adverse
comments. If we receive no adverse comments, we will take no further
action on this proposed rule.
DATES: Written comments must be received by July 12, 2007.
ADDRESSES: Please see the related direct final rule, which is located
in the ``Rules and Regulations'' section of this Federal Register, for
detailed instructions on how to submit comments.
FOR FURTHER INFORMATION CONTACT: Mr. Lewis Weinstock, Air Quality
Assessment Division (C304-06), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711; telephone number: (919) 541-3661; fax
number: (919) 541-1903; e-mail address: weinstock.lewis@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why Is EPA Issuing This Proposed Rule?
This document proposes to take action on Ambient Air Monitoring
Regulations: Correcting and Other Amendments. We have published a
direct final rule identical to this proposal to correct and clarify
parts of a recent final rule published on October 17, 2006, that
amended the ambient air monitoring requirements for criteria
pollutants. We view this as a non-controversial action and anticipate
no adverse comment. We have explained our reasons for this action in
the preamble to the direct final rule.
If we receive no adverse comment, we will not take further action
on this proposed rule. If EPA receives relevant adverse comment on one
or more of the amendments included in this proposal, we will publish a
timely withdrawal in the Federal Register informing the public which
amendment or amendments we are withdrawing. The provisions that are not
withdrawn will become effective as set out in the DATES section of the
direct final rule. We will address these public comments in a
subsequent final rule based on this proposal. We will not institute a
second comment period on this action. Any persons interested in
commenting must do so at this time.
The regulatory text for the proposal is identical to that for the
direct final rule published in the ``Rules and Regulations'' section of
this Federal Register. For further supplementary information, the
detailed rationale for the proposal and the regulatory revisions, see
the direct final rule published in a separate part of this Federal
Register.
II. Does This Action Apply to Me?
Categories and entities potentially regulated by this action
include:
------------------------------------------------------------------------
Examples of regulated
Category NAICS code \1\ entities
------------------------------------------------------------------------
Industry..................... 334513 Manufacturer,
541380 supplier,
distributor, or
vendor of ambient
air monitoring
instruments;
analytical
laboratories or
other monitoring
organizations that
elect to submit an
application for a
reference or
equivalent method
determination under
40 CFR part 53.
Federal Government........... 924110 Federal agencies
(that conduct
ambient air
monitoring similar
to that conducted by
States under 40 CFR
part 58 and that
wish EPA to use
their monitoring
data in the same
manner as State
data) or that elect
to submit an
application for a
reference or
equivalent method
determination under
40 CFR part 53.
State/territorial/local/ 924110 State, territorial,
tribal government. and local air
quality management
programs that are
responsible for
ambient air
monitoring under 40
CFR part 58 or that
elect to submit an
application for a
reference or
equivalent method
determination under
40 CFR part 53 or
for an approved
regional method
approved under 40
CFR part 58 appendix
C. The proposal also
may affect Tribes
that conduct ambient
air monitoring
similar to that
conducted by States
and that wish EPA to
use their monitoring
data in the same
manner as State
monitoring data.
------------------------------------------------------------------------
\1\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your facility or Federal, State, local, tribal, or territorial agency
is regulated by this action, you should carefully examine the
requirements for reference or equivalent method determinations in 40
CFR part 53, subpart A (General Provisions) and the applicability
criteria in 40 CFR 51.1 of EPA's requirements for State implementation
plans. If you have questions regarding the applicability of this action
to a particular entity, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is a ``significant regulatory action'' because it may raise
novel legal policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order. Accordingly, EPA submitted this action to the Office of
Management and Budget (OMB) for review under Executive Order 12866 and
any changes made in response to OMB recommendations have been
documented in the docket for this action.
B. Paperwork Reduction Act
This action does not impose any new information collection, as it
only corrects printing errors, provides clarifications, and provides
new flexibility for PM 10 monitoring on a case-by-case
basis. However, the OMB has previously approved the information
collection requirements contained in the existing regulations for 40
CFR part 53 and 40 CFR part 58 under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB control
number 2060-0084, EPA ICR number 0940.20. A copy of the OMB approved
Information Collection Request (ICR) may be obtained from Susan Auby,
Collection
[[Page 32268]]
Strategies Division, U.S. Environmental Protection Agency (2822T), 1200
Pennsylvania Ave., NW., Washington, DC 20460 or by calling (202) 566-
1672. This action does not impose any new information collection burden
beyond the already-approved ICR.
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
Procedure Act or any other statute unless the agency certifies that 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 rule on small
entities, small entity is defined as: (1) A small business defined by
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 action 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. None of the corrections and clarifications creates additional
regulatory requirements on affected entities compared to those that
were promulgated in the final rule that was published in the Federal
Register on October 17, 2006. The proposed rule changes only correct
printing errors, provide clarifications, and provide new flexibility
for PM10 monitoring on a case-by-case basis.
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
one 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
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 proposed 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 one year, because the changes being made are
merely clarifications and corrections. Thus, today's rule is not
subject to the requirements of sections 202 and 205 of the UMRA.
The EPA has determined that this proposed rule contains no
regulatory requirements that might significantly or uniquely affect
small governments. None of the proposed changes creates additional
regulatory requirements on affected entities compared to those that
were promulgated in the final rule that was published in the Federal
Register on October 17, 2006. The proposed changes only correct
printing errors, provide clarifications, and provide some new
flexibility for PM10 monitoring on a case-by-case basis.
Therefore, this proposed rule is not subject to the requirements of
section 203 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (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 because 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. This is because the
proposed changes being made only correct printing errors, provide
clarifications, and provide some new flexibility for PM10
monitoring on a case-by-case basis. Thus, Executive Order 13132 does
not apply to this proposed rule.
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
[[Page 32269]]
implications.'' This proposed rule does not have tribal implications,
as specified in Executive Order 13175. The EPA consulted with tribal
officials early in the process of developing the October 17, 2006, rule
to permit them to have meaningful and timely input into its
development. Although tribal governments may elect to conduct ambient
air monitoring, none of the proposed changes in today's rule apply
directly to tribal governments. Thus, Executive Order 13175 does not
apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62FR19885, April 23, 1997) applies to
any rule that: (1) Is determined to be ``economically significant'' as
defined under EO 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a 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.
EPA interprets EO 13045 as applying only to those regulatory
actions that concern health or safety risks, such that the analysis
required under section 5-501 of the EO has the potential to influence
the regulation. This proposed rule is not subject to EO 13045 because
it does not establish an environmental standard intended to mitigate
health or safety risks.
H. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The rule merely proposed to amend the October 17, 2006,
final monitoring rule (71 FR 61236) by correcting printing errors,
providing clarifications, and providing some new flexibility for
PM10 monitoring on a case-by-case basis.
I. 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 Concerning Regulations 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. No significant
change in the use of energy is expected because the total number of
monitors for ambient air quality measurements will not increase above
present levels. Further, we have concluded that this rule is not likely
to have any adverse energy effects.
J. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113, 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards 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 voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This action does not involve technical standards, other than to
make corrections and clarifications. Therefore, EPA did not consider
the use of any voluntary consensus standards.
List of Subjects in 40 CFR Parts 53 and 58
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: April 30, 2007.
Stephen L. Johnson,
Administrator.
[FR Doc. 07-2237 Filed 6-11-07; 8:45 am]
BILLING CODE 6560-50-P
