Extension of the Deferred Effective Date for 8-Hour Ozone National Ambient Air Quality Standards for the Denver Early Action Compact, 53952-53955 [E7-18357]
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53952
Federal Register / Vol. 72, No. 183 / Friday, September 21, 2007 / Rules and Regulations
TAC in that year was lower than the
TAC in the year to be calculated).
(iii) To adjust for the ability of vessels
to carryover up to 10 unused monkfish
DAS from the previous fishing year to
the current fishing year, adjustments to
DAS usage shall be made by first
reducing the landings for all permit
holders who have used more than the
annual DAS allocation specified in
§ 648.94(b)(1)(i) (e.g., 31 monkfish DAS)
by the proportion of DAS exceeding that
annual DAS allocation, and then
resetting the upper limit of DAS usage
at the annual DAS allocation.
(iv) Linear interpolation is then used
to determine which DAS level would
closest achieve the estimated landing
levels for each permit category group
under a given target TAC.
(4) Council TAC Recommendations.
The Councils shall consider any target
TAC(s) recommended by the MFMC as
part of its annual review specified in
paragraph (a) of this section, and then
forward their target TAC
recommendation to the Regional
Administrator. If the Councils
recommend target TAC(s) to the
Regional Administrator, and the
Regional Administrator concurs with
this recommendation, the Regional
Administrator shall promulgate the
target TAC(s) and associated
management measures through
rulemaking consistent with the APA. If
the Regional Administrator does not
concur with the Councils’
recommendation, then the Councils
shall be notified in writing of the
reasons for the non-concurrence.
(5) Target TAC Overages—(i) If
monkfish landings exceed the annual
target TAC for either management area
by more than 10 percent but less than
or equal to 30 percent during FY 2007,
the Regional Administrator shall adjust
the annual monkfish DAS allocation for
the management area in which the
overage occurred, through rulemaking
consistent with the APA, for FY 2009
using catch and effort information for
FY 2007 according to the procedures
outlined in paragraph (b)(3) of this
section.
(ii) If monkfish landings exceed the
annual target TAC for either
management area by more than 30
percent during FY 2007, the Regional
Administrator shall reduce the annual
monkfish DAS allocation to zero for FY
2009 for the management area in which
the overage occurred, through
rulemaking consistent with the APA.
(6) Management measures for FY
2010 and beyond. If a regulatory action
is not implemented to establish
management measures for the monkfish
fishery for FY 2010 or subsequent years,
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either through the annual review
process or another type of regulatory
action, the management measures in
effect during FY 2009 (i.e., trip limits
and DAS allocations) will remain in
effect until new measures are
implemented, with the following
exception. If the monkfish DAS
allocation is reduced to zero in either
management area during FY 2009 as a
result of the target TAC overage
provision described in paragraph (b)(3)
of this section, the annual DAS
allocation and associated trip limits for
that management area for FY 2010 and
beyond will be equivalent to the annual
monkfish DAS allocation and trip limits
in effect during FY 2008, unless
otherwise recommended by the MFMC
through its annual review procedure
specified in paragraph (a) of this
section, or superceded by a subsequent
regulatory action.
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[FR Doc. 07–4667 Filed 9–17–07; 3:23 pm]
BILLING CODE 3510–22–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–HQ–OAR–2003–0090; FRL–8469–8]
RIN 2060–AO05
Extension of the Deferred Effective
Date for 8-Hour Ozone National
Ambient Air Quality Standards for the
Denver Early Action Compact
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The EPA is taking final action
to extend the deferral of the effective
date of the 8-hour ozone National
Ambient Air Quality Standard (NAAQS)
designation for the Denver Early Action
Compact (EAC) from September 14,
2007 to November 20, 2007. The EAC
areas have agreed to reduce groundlevel ozone pollution earlier than the
Clean Air Act (CAA) requires. On
November 29, 2006, EPA extended the
deferred effective date for the Denver
EAC area from December 31, 2006, to
July 1, 2007. In that final rulemaking,
EPA noted that there was litigation
regarding the deferral of the effective
date for the Denver EAC and that the
parties were discussing settlement.
Thus, in the interest of maintaining the
status quo while settlement discussion
proceeded, EPA issued a brief further
deferral of the effective date of the
nonattainment designation until
September 14, 2007. The parties are
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continuing settlement discussions. EPA
is issuing at this time a short further
deferral of the effective date of Denver’s
designation for the 8-hour ozone
standard from September 14, 2007 to
November 20, 2007.
Effective Date: This final rule is
effective on September 14, 2007.
DATES:
EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2003–0090. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. 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, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the Docket,
EPA/DC, EPA West Building, EPA
Headquarters Library, Room 3334,
located at 1301 Constitution Ave., NW.,
Washington, DC. The EPA/DC Public
Reading Room Hours of operation will
be 8:30 a.m. to 4:30 p.m. Eastern
Standard Time (EST), Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the Office of
Air and Radiation Docket is (202) 566–
1742. The Air and Radiation Docket
Information Center’s e-mail address is aand-r-Docket@epa.gov, and Web address
is: https://www.epa.gov/oar/docket.html.
In addition, we have placed a copy of
the rule and a variety of materials
relevant to EAC areas on EPA’s Web site
at https://www.epa.gov/ttn/naaqs/ozone/
eac/.
ADDRESSES:
Ms.
Barbara Driscoll, Office of Air Quality
Planning and Standards, U.S.
Environmental Protection Agency, Mail
Code C539–04, Research Triangle Park,
NC 27711, phone number (919) 541–
1051 or by e-mail at:
driscoll.barbara@epa.gov or Mr. David
Cole, Office of Air Quality Planning and
Standards, U.S. Environmental
Protection Agency, Mail Code C304–05,
Research Triangle Park, NC 27711,
phone number (919) 541–5565 or by
e-mail at: cole.david@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
This action applies only to the Denver
EAC area.
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B. How Is This Document Organized?
The information presented in this
preamble is organized as follows:
Outline
I. General Information
A. Does This Action Apply to Me?
B. How Is This Document Organized?
II. What Is the Purpose of This document?
III. What Action Has EPA Taken to Date for
Early Action Compact Areas?
IV. What Is the Final Action for the Denver
Early Action Compact Area?
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
L. Petitions for Judicial Review
II. What Is the Purpose of This
Document?
The purpose of this document is to
issue a short further deferral of the
effective date of the 8-hour ozone
nonattainment designation for the
Denver EAC area from September 14,
2007 to November 20, 2007.
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III. What Action Has EPA Taken to
Date for Early Action Compact Areas?
For discussions on EPA’s actions to
date with respect to deferring the
effective date of nonattainment
designations for certain areas of the
country that are participating in the
EAC program and Denver specifically
please refer to the Federal Register
dated June 28, 2007 (72 FR 35356). In
addition, EPA’s April 30, 2004, air
quality designation rule (69 FR 23858)
provides a description of the compact
approach, the requirements for areas
participating in the compact and the
impacts of the compact on those areas.
Since the June 28, 2007, rulemaking,
all compact areas submitted their 6
month progress reports by June 30, 2007
as required. These reports were
reviewed and approved by EPA. You
may find copies of all progress reports
at https://www.epa.gov/ttn/naaqs/ozone/
eac/index.htm#List.
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IV. What Is the Final Action for the
Denver Early Action Compact Area?
Rocky Mountain Clean Air Action
(RMCAA) challenged our action
deferring the effective date of the
nonattainment designation of the
Denver EAC area until July 1, 2007. 71
FR 69022 (November 29, 2006). Rocky
Mountain Clean Air Action v. EPA, D.C.
Cir. No. 07–1012. We are currently in
settlement discussions with RMCAA. In
order to allow the settlement process to
continue, we are taking final action at
this time to issue a short further deferral
of the effective date of designation for
Denver until November 20, 2007. By
November 20, 2007, EPA will: (i)
Evaluate the 8-hour ozone air quality
data for the Denver EAC area from 2005,
2006 and the first three quarters of 2007;
and, (ii) if the data do not indicate a
violation of the 8-hour ozone standard,
issue a final rule further extending the
deferral of the effective date of the
nonattainment designation until April
15, 2008; and, (iii) if the data indicate
a violation, take no further action and
the nonattainment designation will
become effective November 20, 2007.
We are taking this action pursuant to
our March 1, 2007 proposed rule
whereby we proposed to extend the
effective date of the designation until
April 15, 2008. We incorporate by
reference our responses to the
comments received on that proposal,
which were included in our June 28,
2007 final rule extending the deferral of
the effective date for the Denver EAC
area until September 14, 2007.
This action will be effective
September 14, 2007. Because this action
will relieve a restriction by further
deferring the effective date of the
nonattainment designation for the
Denver EAC area, the requirement of
section 553(d) of the Administrative
Procedure Act that a rule not take effect
earlier than 30 days following
publication does not apply.
V. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order (E.O.) 12866 (58 FR
51735; October 4, 1993) and is therefore
not subject to review under the E.O.
B. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. This final
rule does not require the collection of
any information.
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53953
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
Office of Management and Budget
(OMB) control number. The OMB
control numbers for EPA’s regulations
in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an Agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedures Act or any
other statute unless the Agency certifies
the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of this final rule on small entities, small
entity is defined as: (1) A small business
that is a small industrial entity as
defined in the Small Business
Administration’s (SBA) regulations at 13
CFR 121.201; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of this final rule on small
entities, I certify that this rule will not
have a significant economic impact on
a substantial number of small entities.
This final rule will not impose any
requirements on small entities. Rather,
this rule would extend the deferred
effective date of the nonattainment
designation for the Denver area to
implement control measures and
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Federal Register / Vol. 72, No. 183 / Friday, September 21, 2007 / Rules and Regulations
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achieve emissions reductions earlier
than otherwise required by the CAA in
order to attain the 8-hour ozone
NAAQS.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and Tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures to State, local,
and Tribal governments, in the
aggregate, or to the private sector, of
$100 million or more in any 1 year.
Before promulgating an EPA rule for
which a written statement is needed,
section 205 of the UMRA generally
requires EPA to identify and consider a
reasonable number of regulatory
alternatives and adopt the least costly,
most cost-effective or least burdensome
alternative that achieves the objectives
of the rule. The provisions of section
205 do not apply when they are
inconsistent with applicable law.
Moreover, section 205 allows EPA to
adopt an alternative other than the least
costly, most cost-effective or least
burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted. Before EPA establishes
any regulatory requirements that may
significantly or uniquely affect small
governments, including Tribal
governments, it must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
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.
This final rule does not contain a
Federal mandate that may result in
expenditures of $100 million or more
for State, local, and Tribal governments,
in the aggregate, or the private sector in
any 1 year. In this final rule, EPA is
deferring the effective date of
nonattainment designation for the
Denver EAC. Thus, this final rulemaking
is not subject to the requirements of
sections 202 and 205 of the UMRA.
EPA has determined that this rule
contains no regulatory requirements that
might significantly or uniquely affect
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small governments because this rule
does not contain Federal mandates.
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 E.O. 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 final rule does not have
federalism implications. It will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. The CAA
establishes the scheme whereby States
take the lead in developing plans to
meet the NAAQS. This final rule would
not modify the relationship of the States
and EPA for purposes of developing
programs to implement the NAAQS.
Thus, E.O. 13132 does not apply to this
final 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
implications.’’ This final rule does not
have ‘‘Tribal implications’’ as specified
in E.O. 13175. It does not have a
substantial direct effect on one or more
Indian Tribes, since no Tribe has
implemented a CAA program to attain
the 8-hour ozone NAAQS at this time or
has participated in a compact.
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 E.O.
12866, and (2) concerns an
environmental health or safety risk that
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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.
This final rule is not subject to the
Executive Order because it is not
economically significant as defined in
Executive Order 12866, and because the
Agency does not have reason to believe
the environmental health or safety risks
addressed by this action present a
disproportionate risk to children.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This final rule is not subject to E.O.
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355; May
22, 2001 because it is not a significant
regulatory action under E.O. 12866.
I. National Technology Transfer
Advancement Act
Section 12(d) of the National
Technology Transfer Advancement Act
of 1995 (NTTAA), Public Law No. 104–
113, section 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards (VCS) in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by VCS bodies. The NTTAA
directs EPA to provide Congress,
through OMB, explanations when the
Agency decides not to use available and
applicable VCS.
This final rule does not involve
technical standards. Therefore, EPA is
not considering the use of any VCS. The
EPA will encourage States that have
compact areas to consider the use of
such standards, where appropriate, in
the development of their SIPs.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629;
Feb. 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,
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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.
The EPA has determined that this
final 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 health and
environmental risks associated with
ozone were considered in the
establishment of the 8-hour, 0.08 ppm
ozone NAAQS. The level is designed to
be protective with an adequate margin
of safety.
Dated: September 12, 2007.
Stephen L. Johnson,
Administrator.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2). This rule will be effective
September 14, 2007.
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L. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the District of
Columbia Circuit by November 20,
2007. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this rule for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review must be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. See CAA
Section 307(b)(2).
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control.
Authority: 42 U.S.C. 7408; 42 U.S.C. 7410;
42 U.S.C. 7501–7511f; 42 U.S.C. 7601(a)(1).
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For the reason set out in the preamble,
title 40, chapter I of the Code of Federal
Regulations is amended as follows:
I
PART 81—[AMENDED]
1. The authority citation for part 81
continues to read as follows:
I
Authority: 42 U.S.C. 7401, et seq.
Subpart C—Section 107 Attainment
Status Designations
2. Section 81.300 is amended by
revising the last sentence in paragraph
(e)(3)(i) to read as follows:
I
§ 81.300
Scope.
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(e) * * *
(3) * * *
(i) General. * * * The Administrator
shall defer until November 20, 2007 the
effective date of a nonattainment
designation of the Denver area.
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I 3. In § 81.306, the table entitled
‘‘Colorado-Ozone (8-Hour Standard)’’ is
amended by revising footnote 2 to read
as follows:
§ 81.306
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Colorado.
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Colorado-Ozone (8-Hour Standard)
*
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Early Action Compact Area, effective
date deferred until November 20, 2007.
2
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[FR Doc. E7–18357 Filed 9–20–07; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
Changes in Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are
finalized for the communities listed
below. These modified BFEs will be
used to calculate flood insurance
premium rates for new buildings and
their contents.
DATES: The effective dates for these
modified BFEs are indicated on the
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53955
following table and revise the Flood
Insurance Rate Maps (FIRMs) in effect
for the listed communities prior to this
date.
ADDRESSES: The modified BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT:
William R. Blanton, Jr., Engineering
Management Section, Mitigation
Directorate, Federal Emergency
Management Agency, 500 C Street, SW.,
Washington, DC 20472, (202) 646–3151.
SUPPLEMENTARY INFORMATION: The
Federal Emergency Management Agency
(FEMA) makes the final determinations
listed below of the modified BFEs for
each community listed. These modified
BFEs have been published in
newspapers of local circulation and
ninety (90) days have elapsed since that
publication. The Mitigation Division
Director of FEMA resolved any appeals
resulting from this notification.
The modified BFEs are not listed for
each community in this notice.
However, this final rule includes the
address of the Chief Executive Officer of
the community where the modified
BFEs determinations are available for
inspection.
The modified BFEs are made pursuant
to section 206 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and are in accordance with the National
Flood Insurance Act of 1968, 42 U.S.C.
4001 et seq., and with 44 CFR part 65.
For rating purposes, the currently
effective community number is shown
and must be used for all new policies
and renewals.
The modified BFEs are the basis for
the floodplain management measures
that the community is required to either
adopt or to show evidence of being
already in effect in order to qualify or
to remain qualified for participation in
the National Flood Insurance Program
(NFIP).
These modified BFEs, together with
the floodplain management criteria
required by 44 CFR 60.3, are the
minimum that are required. They
should not be construed to mean that
the community must change any
existing ordinances that are more
stringent in their floodplain
management requirements. The
community may at any time enact
stricter requirements of its own, or
pursuant to policies established by other
Federal, State, or regional entities.
These modified BFEs are used to meet
the floodplain management
requirements of the NFIP and are also
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]]>Agencies
[Federal Register Volume 72, Number 183 (Friday, September 21, 2007)]
[Rules and Regulations]
[Pages 53952-53955]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18357]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-HQ-OAR-2003-0090; FRL-8469-8]
RIN 2060-AO05
Extension of the Deferred Effective Date for 8-Hour Ozone
National Ambient Air Quality Standards for the Denver Early Action
Compact
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is taking final action to extend the deferral of the
effective date of the 8-hour ozone National Ambient Air Quality
Standard (NAAQS) designation for the Denver Early Action Compact (EAC)
from September 14, 2007 to November 20, 2007. The EAC areas have agreed
to reduce ground-level ozone pollution earlier than the Clean Air Act
(CAA) requires. On November 29, 2006, EPA extended the deferred
effective date for the Denver EAC area from December 31, 2006, to July
1, 2007. In that final rulemaking, EPA noted that there was litigation
regarding the deferral of the effective date for the Denver EAC and
that the parties were discussing settlement. Thus, in the interest of
maintaining the status quo while settlement discussion proceeded, EPA
issued a brief further deferral of the effective date of the
nonattainment designation until September 14, 2007. The parties are
continuing settlement discussions. EPA is issuing at this time a short
further deferral of the effective date of Denver's designation for the
8-hour ozone standard from September 14, 2007 to November 20, 2007.
DATES: Effective Date: This final rule is effective on September 14,
2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2003-0090. All documents in the docket are listed on the
https://www.regulations.gov Web site. 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, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through https://
www.regulations.gov or in hard copy at the Docket, EPA/DC, EPA West
Building, EPA Headquarters Library, Room 3334, located at 1301
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room
Hours of operation will be 8:30 a.m. to 4:30 p.m. Eastern Standard Time
(EST), Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the Office of Air and Radiation Docket is (202) 566-1742.
The Air and Radiation Docket Information Center's e-mail address is a-
and-r-Docket@epa.gov, and Web address is: https://www.epa.gov/oar/
docket.html. In addition, we have placed a copy of the rule and a
variety of materials relevant to EAC areas on EPA's Web site at https://
www.epa.gov/ttn/naaqs/ozone/eac/.
FOR FURTHER INFORMATION CONTACT: Ms. Barbara Driscoll, Office of Air
Quality Planning and Standards, U.S. Environmental Protection Agency,
Mail Code C539-04, Research Triangle Park, NC 27711, phone number (919)
541-1051 or by e-mail at: driscoll.barbara@epa.gov or Mr. David Cole,
Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, Mail Code C304-05, Research Triangle Park, NC 27711,
phone number (919) 541-5565 or by e-mail at: cole.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
This action applies only to the Denver EAC area.
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B. How Is This Document Organized?
The information presented in this preamble is organized as follows:
Outline
I. General Information
A. Does This Action Apply to Me?
B. How Is This Document Organized?
II. What Is the Purpose of This document?
III. What Action Has EPA Taken to Date for Early Action Compact
Areas?
IV. What Is the Final Action for the Denver Early Action Compact
Area?
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
L. Petitions for Judicial Review
II. What Is the Purpose of This Document?
The purpose of this document is to issue a short further deferral
of the effective date of the 8-hour ozone nonattainment designation for
the Denver EAC area from September 14, 2007 to November 20, 2007.
III. What Action Has EPA Taken to Date for Early Action Compact Areas?
For discussions on EPA's actions to date with respect to deferring
the effective date of nonattainment designations for certain areas of
the country that are participating in the EAC program and Denver
specifically please refer to the Federal Register dated June 28, 2007
(72 FR 35356). In addition, EPA's April 30, 2004, air quality
designation rule (69 FR 23858) provides a description of the compact
approach, the requirements for areas participating in the compact and
the impacts of the compact on those areas.
Since the June 28, 2007, rulemaking, all compact areas submitted
their 6 month progress reports by June 30, 2007 as required. These
reports were reviewed and approved by EPA. You may find copies of all
progress reports at https://www.epa.gov/ttn/naaqs/ozone/eac/
index.htm#List.
IV. What Is the Final Action for the Denver Early Action Compact Area?
Rocky Mountain Clean Air Action (RMCAA) challenged our action
deferring the effective date of the nonattainment designation of the
Denver EAC area until July 1, 2007. 71 FR 69022 (November 29, 2006).
Rocky Mountain Clean Air Action v. EPA, D.C. Cir. No. 07-1012. We are
currently in settlement discussions with RMCAA. In order to allow the
settlement process to continue, we are taking final action at this time
to issue a short further deferral of the effective date of designation
for Denver until November 20, 2007. By November 20, 2007, EPA will: (i)
Evaluate the 8-hour ozone air quality data for the Denver EAC area from
2005, 2006 and the first three quarters of 2007; and, (ii) if the data
do not indicate a violation of the 8-hour ozone standard, issue a final
rule further extending the deferral of the effective date of the
nonattainment designation until April 15, 2008; and, (iii) if the data
indicate a violation, take no further action and the nonattainment
designation will become effective November 20, 2007.
We are taking this action pursuant to our March 1, 2007 proposed
rule whereby we proposed to extend the effective date of the
designation until April 15, 2008. We incorporate by reference our
responses to the comments received on that proposal, which were
included in our June 28, 2007 final rule extending the deferral of the
effective date for the Denver EAC area until September 14, 2007.
This action will be effective September 14, 2007. Because this
action will relieve a restriction by further deferring the effective
date of the nonattainment designation for the Denver EAC area, the
requirement of section 553(d) of the Administrative Procedure Act that
a rule not take effect earlier than 30 days following publication does
not apply.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (E.O.) 12866 (58 FR 51735; October 4, 1993)
and is therefore not subject to review under the E.O.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
This final rule does not require the collection of any information.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid Office of Management and Budget (OMB) control number.
The OMB control numbers for EPA's regulations in 40 CFR are listed in
40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an Agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedures Act or any other statute unless the Agency certifies the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this final rule on small
entities, small entity is defined as: (1) A small business that is a
small industrial entity as defined in the Small Business
Administration's (SBA) regulations at 13 CFR 121.201; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of this final rule on small
entities, I certify that this rule will not have a significant economic
impact on a substantial number of small entities. This final rule will
not impose any requirements on small entities. Rather, this rule would
extend the deferred effective date of the nonattainment designation for
the Denver area to implement control measures and
[[Page 53954]]
achieve emissions reductions earlier than otherwise required by the CAA
in order to attain the 8-hour ozone NAAQS.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including Tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
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.
This final rule does not contain a Federal mandate that may result
in expenditures of $100 million or more for State, local, and Tribal
governments, in the aggregate, or the private sector in any 1 year. In
this final rule, EPA is deferring the effective date of nonattainment
designation for the Denver EAC. Thus, this final rulemaking is not
subject to the requirements of sections 202 and 205 of the UMRA.
EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments because this rule does not contain Federal mandates.
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 E.O.
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 final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. The CAA establishes the scheme
whereby States take the lead in developing plans to meet the NAAQS.
This final rule would not modify the relationship of the States and EPA
for purposes of developing programs to implement the NAAQS. Thus, E.O.
13132 does not apply to this final 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 implications.'' This final rule does not have
``Tribal implications'' as specified in E.O. 13175. It does not have a
substantial direct effect on one or more Indian Tribes, since no Tribe
has implemented a CAA program to attain the 8-hour ozone NAAQS at this
time or has participated in a compact.
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 E.O. 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.
This final rule is not subject to the Executive Order because it is
not economically significant as defined in Executive Order 12866, and
because the Agency does not have reason to believe the environmental
health or safety risks addressed by this action present a
disproportionate risk to children.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This final rule is not subject to E.O. 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355; May 22, 2001 because it is not a significant
regulatory action under E.O. 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer Advancement Act
of 1995 (NTTAA), Public Law No. 104-113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by VCS bodies. The NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable VCS.
This final rule does not involve technical standards. Therefore,
EPA is not considering the use of any VCS. The EPA will encourage
States that have compact areas to consider the use of such standards,
where appropriate, in the development of their SIPs.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629; Feb. 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,
[[Page 53955]]
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.
The EPA has determined that this final 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 health and environmental risks associated with ozone
were considered in the establishment of the 8-hour, 0.08 ppm ozone
NAAQS. The level is designed to be protective with an adequate margin
of safety.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective September 14, 2007.
L. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the District of Columbia Circuit by November 20, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review must be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. See CAA Section 307(b)(2).
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control.
Authority: 42 U.S.C. 7408; 42 U.S.C. 7410; 42 U.S.C. 7501-7511f;
42 U.S.C. 7601(a)(1).
Dated: September 12, 2007.
Stephen L. Johnson,
Administrator.
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For the reason set out in the preamble, title 40, chapter I of the Code
of Federal Regulations is amended as follows:
PART 81--[AMENDED]
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1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart C--Section 107 Attainment Status Designations
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2. Section 81.300 is amended by revising the last sentence in paragraph
(e)(3)(i) to read as follows:
Sec. 81.300 Scope.
* * * * *
(e) * * *
(3) * * *
(i) General. * * * The Administrator shall defer until November 20,
2007 the effective date of a nonattainment designation of the Denver
area.
* * * * *
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3. In Sec. 81.306, the table entitled ``Colorado-Ozone (8-Hour
Standard)'' is amended by revising footnote 2 to read as follows:
Sec. 81.306 Colorado.
* * * * *
Colorado-Ozone (8-Hour Standard)
* * * * *
\2\ Early Action Compact Area, effective date deferred until
November 20, 2007.
* * * * *
[FR Doc. E7-18357 Filed 9-20-07; 8:45 am]
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