Final 8-Hour Ozone National Ambient Air Quality Standards Designations for the Early Action Compact Areas, 6863-6867 [E8-2187]
Download as PDF
Federal Register / Vol. 73, No. 25 / Wednesday, February 6, 2008 / Proposed Rules
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would not effect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
rwilkins on PROD1PC63 with PROPOSALS
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
VerDate Aug<31>2005
16:31 Feb 05, 2008
Jkt 214001
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD and Department of
Homeland Security Management
Directive 5100.1, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is not likely to have a
significant effect on the human
environment. A preliminary
‘‘Environmental Analysis Check List’’
supporting this preliminary
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
6863
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
Words of Issuance and Proposed
Regulatory Text
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295; 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add new § 165.T11–002 to read as
follows:
§ 165.T11–002 Safety zone; Oceanside
Harbor, California.
(a) Location. The Coast Guard
proposes establishing a temporary safety
zone for the Bluewater Ford Ironman
70.3 California Triathlon. The limits of
this temporary safety zone are the
waters of Oceanside Harbor, California,
including the entrance channel.
(b) Effective Period. This section is
effective from 6:30 a.m. to 9:30 a.m. on
March 29, 2008.
(c) Regulations. Entry into, transit
through or anchoring within this safety
zone is prohibited unless authorized by
the Captain of the Port of San Diego or
his designated on-scene representative.
Mariners requesting permission to
transit through the safety zone may
request authorization to do so from the
Patrol Commander (PATCOM). The
PATCOM may be contacted on VHF–FM
Channel 16.
Dated: January 25, 2008.
C.V. Strangfeld,
Captain, U.S. Coast Guard, Captain of the
Port, San Diego.
[FR Doc. E8–2167 Filed 2–5–08; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–HQ–OAR–2008–0006; FRL–8525–9]
Final 8-Hour Ozone National Ambient
Air Quality Standards Designations for
the Early Action Compact Areas
Environmental Protection
Agency (EPA).
AGENCY:
E:\FR\FM\06FEP1.SGM
06FEP1
6864
rwilkins on PROD1PC63 with PROPOSALS
ACTION:
Federal Register / Vol. 73, No. 25 / Wednesday, February 6, 2008 / Proposed Rules
Proposed rule.
SUMMARY: The EPA is proposing to
designate 13 Early Action Compact
(EAC) Areas as attainment for the 8-hour
ozone National Ambient Air Quality
Standard (NAAQS). The EAC areas
agreed to reduce ground-level ozone
pollution earlier than the Clean Air Act
(CAA) required and to demonstrate
attainment with the 8-hour ozone
NAAQS by December 31, 2007. The
States in which these 13 areas are
located have submitted quality-assured
data indicating that the areas are in
attainment for the 8-hour ozone NAAQS
based on ambient air monitoring data
from 2005, 2006 and 2007. In addition,
the EPA plans to revoke the 1-hour
ozone NAAQS for each of these areas
one year after the effective date of the
designations for the 8-hour ozone
NAAQS, and we would modify the
1-hour ozone NAAQS tables in the
regulations to reflect the application of
the revocation.
DATES: Comments must be received on
or before February 21, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
OAR–2008–0006, 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) 566–1741.
• Mail: Docket EPA–HQ–OAR–2008–
0006, Environmental Protection Agency,
Mailcode: 6102T, 1200 Pennsylvania
Avenue, Northwest, Washington, DC
20460. Please include two copies.
• Hand Delivery: Deliver your
comments to: Air Docket,
Environmental Protection Agency, 1301
Constitution Avenue, NW., Room 3334,
Washington, DC 20004, Attention:
Docket ID No. EPA–HQ–OAR–2008–
0006. Such deliveries are only accepted
during the Docket’s normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2008–
0006. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov Web
VerDate Aug<31>2005
17:49 Feb 05, 2008
Jkt 214001
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through www.regulations.gov, your
e-mail address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment with any disk or CD–ROM you
submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses. For further information about
EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the EPA Docket Center, EPA/DC, EPA
West, Room 3334, 1301 Constitution
Avenue, NW., Washington, DC. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. A
reasonable fee may be charged for
copying. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the Air
Docket is (202) 566–1742.
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:
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
I. General Information
A. Does This Action Apply to Me?
This proposed action applies only to
the 13 EAC areas identified in section
IV, Table 1, below that have deferred
designations for the 8-hour ozone
NAAQS until April 15, 2008.
Additionally, this action notes that in
the final rule, EPA plans to take the
ministerial action of revising the CFR to
reflect the effective date of the
nonattainment designation for the
Denver EAC area, which was designated
nonattainment on November 20, 2007.
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 Proposed Action for the 13
Early Action Compact Areas?
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
II. What Is the Purpose of This
Document?
The purpose of this document is to
propose designating 13 EAC areas as
attainment for the 8-hour ozone
NAAQS, as they have met all the
milestones of the EAC program and
demonstrated that they were in
attainment with the 8-hour ozone
NAAQS by December 31, 2007. At the
time we take final action on this
proposal we also plan to take the
ministerial action of revising Section
81.306 to reflect the nonattainment
designation for the Denver EAC area. On
September 21, 2007, EPA extended the
deferred effective date for the Denver
EAC area from September 14, 2007 to
November 20, 2007, while settlement
negotiations were taking place, and to
E:\FR\FM\06FEP1.SGM
06FEP1
6865
Federal Register / Vol. 73, No. 25 / Wednesday, February 6, 2008 / Proposed Rules
allow time for an evaluation of the
Denver EAC’s 8-hour ozone air quality
for 2005, 2006 and the first three
quarters of 2007. Evaluation of the data
indicated a violation of the 8-hour
ozone standard, therefore, EPA took no
action to further defer the effective date
of designation and Denver’s
nonattainment designation became
effective on November 20, 2007.
In addition, the EPA plans to revoke
the 1-hour ozone NAAQS for each of
these EAC areas one year after the
effective date of the designations for the
8-hour ozone NAAQS, and we would
modify the 1-hour ozone NAAQS tables
in 40 CFR part 81 to reflect the
application of the revocation. This
action was taken for all other areas of
the country except the EACs on August
3, 2005 (70 FR 44470).
III. What Action Has EPA Taken to
Date for Early Action Compact Areas?
Currently, there are 28 areas
remaining in the EAC program. Of those
28 areas, 13 had their designations
deferred for the ozone 8-hour NAAQ
until April 15, 2008 (71 FR 69022).1 The
other 15 areas were designated
attainment in April 2004, with an
effective date of June 15, 2004. These
areas have remained in the program in
order to continue improving their local
air quality. 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) and
September 21, 2007 (72 FR 53952). In
addition, EPA’s April 30, 2004, air
quality designation rule (69 FR 23858)
provides a description of the compact
area approach, the requirements for
areas participating in the compact and
the impacts of the compact on those
areas.
You may find copies of all State
reports at https://www.epa.gov/ttn/
naaqs/ozone/eac/.
IV. What Is the Proposed Action for the
13 Early Action Compact Areas?
The 13 EAC areas with deferred
designations for the 8-hour NAAQS, had
to meet one final milestone which was
to demonstrate attainment with the
8-hour ozone NAAQS by December 31,
2007. Each of these EAC areas met all
of the earlier milestones of the EAC
program and the States in which the
areas are located have now submitted
quality-assured data demonstrating that
the areas attained the 8-hour ozone
NAAQS based on air quality data from
2005, 2006 and 2007. Therefore, EPA is
proposing to designate these 13 areas as
attainment for the 8-hour ozone
standard. Table 1 provides the 8-hour
ozone design values for each of the 13
EAC areas based on the 2005–2007 air
quality data.
TABLE 1.—8-HOUR OZONE DESIGN VALUES FOR COMPACT AREAS PROPOSED TO BE DESIGNATED ATTAINMENT FOR 8HOUR OZONE NAAQS EFFECTIVE APRIL 15, 2008
ote: Name of designated 8-hour ozone deferred nonattainment areas is in parentheses.
State
Counties proposed to be designated attainment
effective April 15, 2008
Compact area (designated area)
8-hour ozone
design value
(parts per
million)
EPA Region 3
VA ................
VA ................
MD ...............
WV ...............
Northern Shenandoah Valley Region (Frederick County, VA), adjacent to Washington, DC-MD-VA.
Roanoke area (Roanoke, VA) .......................................
Washington County (Washington County, Hagerstown,
MD), adjacent to Washington, DC-MD-VA.
The Eastern Pan Handle Region (Berkeley & Jefferson Counties, WV), Martinsburg area.
Winchester City, Frederick County ...............................
0.073
Roanoke County, Botetourt County, Roanoke City,
Salem City.
Washington County .......................................................
0.076
Berkeley County, Jefferson County ..............................
0.075
0.079
EPA Region 4
Unifour (Hickory-Morganton-Lenoir, NC) ......................
NC ................
Triad (Greensboro-Winston-Salem-High Point, NC) .....
NC ................
SC ................
SC ................
TN/GA ..........
Cumberland County (Fayetteville, NC) .........................
Appalachian—A
(Greenville-Spartanburg-Anderson,
SC).
Central Midlands—I Columbia area ..............................
Chattanooga (Chattanooga, TN-GA) ............................
TN ................
Nashville (Nashville, TN) ...............................................
TN ................
rwilkins on PROD1PC63 with PROPOSALS
NC ................
Johnson City-Kingsport-Bristol area (TN portion only)
Catawba County, Alexander County, Burke County
(part), Caldwell County (part).
Randolph County, Forsyth County, Davie County,
Alamance County, Caswell County, Davidson County, Guilford County, Rockingham County.
Cumberland County ......................................................
Spartanburg County, Greenville County, Anderson
County.
Richland County (part), Lexington County (part) ..........
Hamilton County, TN, Meigs County, TN, Catoosa
County, GA.
Davidson County, Rutherford County, Williamson
County, Wilson County, Sumner County.
Sullivan County, TN, Hawkins County, TN ...................
0.078
0.083
0.082
0.083
0.082
0.084
0.084
0.083
EPA Region 6
TX ................
San Antonio ...................................................................
1 As noted previously, we also initially deferred
the nonattainment designation for the Denver EAC
VerDate Aug<31>2005
17:49 Feb 05, 2008
Jkt 214001
Bexar County, Comal County, Guadalupe County .......
area, but the nonattainment designation for the
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
0.082
Denver EAC area became effective November 20,
2007.
E:\FR\FM\06FEP1.SGM
06FEP1
6866
Federal Register / Vol. 73, No. 25 / Wednesday, February 6, 2008 / Proposed Rules
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.
rwilkins on PROD1PC63 with PROPOSALS
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
proposed 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 proposed rule on small entities,
small entity is defined as: (1) A small
business that is a small industrial entity
as defined in the Small Business
Administration’s (SBA) regulations at 13
CFR 121.201; (2) a small governmental
jurisdiction that is a government of a
VerDate Aug<31>2005
16:31 Feb 05, 2008
Jkt 214001
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 proposed rule on small
entities, I certify that this rule will not
have a significant economic impact on
a substantial number of small entities.
This proposed rule will not impose any
requirements on small entities.
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 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 00010
Fmt 4702
Sfmt 4702
in the aggregate, or the private sector in
any one year. Thus, this proposed
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 proposed rule does not have
federalism implications. It will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. The CAA
establishes the scheme whereby States
take the lead in developing plans to
meet the NAAQS. This proposed rule
would not modify the relationship of
the States and EPA for purposes of
developing programs to implement the
NAAQS. Thus, E.O. 13132 does not
apply to this proposed rule. In the spirit
of Executive Order 13132, and
consistent with EPA policy to promote
communications between EPA and State
and confined governments, EPA
specifically solicits comment on this
proposed rule from State and local
officials.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ This proposed rule does
not have ‘‘Tribal implications’’ as
specified in E.O. 13175. It does not have
a substantial direct effect on one or
more Indian Tribes, since no Tribe has
E:\FR\FM\06FEP1.SGM
06FEP1
Federal Register / Vol. 73, No. 25 / Wednesday, February 6, 2008 / Proposed Rules
implemented a CAA program to attain
the 8-hour ozone NAAQS at this time or
has participated in a compact. Thus
Executive Order 13175 does not apply
to this rule. EPA specifically solicits
additional comments on this proposed
rule from tribal officials.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045: ‘‘Protection of
Children From Environmental Health
and Safety Risks’’ (62 FR 19885, April
23, 1997) applies to any rule that (1) is
determined to be ‘‘economically
significant’’ as defined under 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 proposed 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. The
EAC program has provided cleaner air
sooner than required under the CAA to
these communities. The public is
invited to submit or identify peerreviewed studies and data, of which the
agency may not be aware, that assessed
results of early life exposure to ozone.
rwilkins on PROD1PC63 with PROPOSALS
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This proposed 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,
VerDate Aug<31>2005
16:31 Feb 05, 2008
Jkt 214001
test methods, sampling procedures, and
business practices) that are developed or
adopted by VCS bodies. The NTTAA
directs EPA to provide Congress,
through OMB, explanations when the
Agency decides not to use available and
applicable VCS.
This proposed rule does not involve
technical standards. Therefore, EPA is
not considering the use of any VCS. EPA
welcomes comments on this aspect of
the proposed rulemaking and
specifically, invites the public to
identify potentially-applicable
voluntary consensus standards and to
explain why such standards should be
used in this regulation.
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,
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
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 health and
environmental risks associated with
ozone were considered in the
establishment of the 8-hour, 0.08 ppm
ozone NAAQS. The level is designed to
be protective with an adequate margin
of safety.
List of Subjects in 40 CFR Part 81
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: January 31, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8–2187 Filed 2–5–08; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
6867
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2007–0674; FRL–8345–2]
2,4-D, Bensulide, DCPA,
Desmedipham, Dimethoate,
Fenamiphos, Phorate, Sethoxydim,
Terbufos, and Tetrachlorvinphos;
Proposed Tolerance Actions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to revoke
certain tolerances for the herbicide
sethoxydim and the insecticides
dimethoate, fenamiphos, terbufos, and
tetrachlorvinphos. Also, EPA is
proposing to modify certain tolerances
for the herbicides 2,4-D, DCPA,
desmedipham, and sethoxydim and the
insecticides dimethoate, fenamiphos,
phorate, and tetrachlorvinphos. In
addition, EPA is proposing to establish
new tolerances for the herbicides
bensulide and sethoxydim. The
regulatory actions proposed in this
document are in follow-up to the
Agency’s reregistration program under
the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), and tolerance
reassessment program under the Federal
Food, Drug, and Cosmetic Act (FFDCA)
section 408(q).
DATES: Comments must be received on
or before April 7, 2008.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2007–0674 by
one of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket’s
normal hours of operation (8:30 a.m. to
4 p.m., Monday through Friday,
excluding legal holidays). Special
arrangements should be made for
deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2007–
0674. EPA’s policy is that all comments
E:\FR\FM\06FEP1.SGM
06FEP1
Agencies
[Federal Register Volume 73, Number 25 (Wednesday, February 6, 2008)]
[Proposed Rules]
[Pages 6863-6867]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2187]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-HQ-OAR-2008-0006; FRL-8525-9]
Final 8-Hour Ozone National Ambient Air Quality Standards
Designations for the Early Action Compact Areas
AGENCY: Environmental Protection Agency (EPA).
[[Page 6864]]
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing to designate 13 Early Action Compact
(EAC) Areas as attainment for the 8-hour ozone National Ambient Air
Quality Standard (NAAQS). The EAC areas agreed to reduce ground-level
ozone pollution earlier than the Clean Air Act (CAA) required and to
demonstrate attainment with the 8-hour ozone NAAQS by December 31,
2007. The States in which these 13 areas are located have submitted
quality-assured data indicating that the areas are in attainment for
the 8-hour ozone NAAQS based on ambient air monitoring data from 2005,
2006 and 2007. In addition, the EPA plans to revoke the 1-hour ozone
NAAQS for each of these areas one year after the effective date of the
designations for the 8-hour ozone NAAQS, and we would modify the 1-hour
ozone NAAQS tables in the regulations to reflect the application of the
revocation.
DATES: Comments must be received on or before February 21, 2008.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
OAR-2008-0006, 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) 566-1741.
Mail: Docket EPA-HQ-OAR-2008-0006, Environmental
Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Avenue,
Northwest, Washington, DC 20460. Please include two copies.
Hand Delivery: Deliver your comments to: Air Docket,
Environmental Protection Agency, 1301 Constitution Avenue, NW., Room
3334, Washington, DC 20004, Attention: Docket ID No. EPA-HQ-OAR-2008-
0006. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0006. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or e-mail. The www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For further information about EPA's public docket visit the
EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the EPA Docket Center, EPA/
DC, EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC.
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. A reasonable fee may be
charged for copying. The telephone number for the Public Reading Room
is (202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742.
FOR FURTHER INFORMATION CONTACT: 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 proposed action applies only to the 13 EAC areas identified in
section IV, Table 1, below that have deferred designations for the 8-
hour ozone NAAQS until April 15, 2008. Additionally, this action notes
that in the final rule, EPA plans to take the ministerial action of
revising the CFR to reflect the effective date of the nonattainment
designation for the Denver EAC area, which was designated nonattainment
on November 20, 2007.
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 Proposed Action for the 13 Early Action Compact
Areas?
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
II. What Is the Purpose of This Document?
The purpose of this document is to propose designating 13 EAC areas
as attainment for the 8-hour ozone NAAQS, as they have met all the
milestones of the EAC program and demonstrated that they were in
attainment with the 8-hour ozone NAAQS by December 31, 2007. At the
time we take final action on this proposal we also plan to take the
ministerial action of revising Section 81.306 to reflect the
nonattainment designation for the Denver EAC area. On September 21,
2007, EPA extended the deferred effective date for the Denver EAC area
from September 14, 2007 to November 20, 2007, while settlement
negotiations were taking place, and to
[[Page 6865]]
allow time for an evaluation of the Denver EAC's 8-hour ozone air
quality for 2005, 2006 and the first three quarters of 2007. Evaluation
of the data indicated a violation of the 8-hour ozone standard,
therefore, EPA took no action to further defer the effective date of
designation and Denver's nonattainment designation became effective on
November 20, 2007.
In addition, the EPA plans to revoke the 1-hour ozone NAAQS for
each of these EAC areas one year after the effective date of the
designations for the 8-hour ozone NAAQS, and we would modify the 1-hour
ozone NAAQS tables in 40 CFR part 81 to reflect the application of the
revocation. This action was taken for all other areas of the country
except the EACs on August 3, 2005 (70 FR 44470).
III. What Action Has EPA Taken to Date for Early Action Compact Areas?
Currently, there are 28 areas remaining in the EAC program. Of
those 28 areas, 13 had their designations deferred for the ozone 8-hour
NAAQ until April 15, 2008 (71 FR 69022).\1\ The other 15 areas were
designated attainment in April 2004, with an effective date of June 15,
2004. These areas have remained in the program in order to continue
improving their local air quality. 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) and September 21, 2007 (72
FR 53952). In addition, EPA's April 30, 2004, air quality designation
rule (69 FR 23858) provides a description of the compact area approach,
the requirements for areas participating in the compact and the impacts
of the compact on those areas.
---------------------------------------------------------------------------
\1\ As noted previously, we also initially deferred the
nonattainment designation for the Denver EAC area, but the
nonattainment designation for the Denver EAC area became effective
November 20, 2007.
---------------------------------------------------------------------------
You may find copies of all State reports at https://www.epa.gov/ttn/
naaqs/ozone/eac/.
IV. What Is the Proposed Action for the 13 Early Action Compact Areas?
The 13 EAC areas with deferred designations for the 8-hour NAAQS,
had to meet one final milestone which was to demonstrate attainment
with the 8-hour ozone NAAQS by December 31, 2007. Each of these EAC
areas met all of the earlier milestones of the EAC program and the
States in which the areas are located have now submitted quality-
assured data demonstrating that the areas attained the 8-hour ozone
NAAQS based on air quality data from 2005, 2006 and 2007. Therefore,
EPA is proposing to designate these 13 areas as attainment for the 8-
hour ozone standard. Table 1 provides the 8-hour ozone design values
for each of the 13 EAC areas based on the 2005-2007 air quality data.
Table 1.--8-Hour Ozone Design Values for Compact Areas Proposed To Be Designated Attainment for 8-Hour Ozone
NAAQS Effective April 15, 2008
Note: Name of designated 8-hour ozone deferred nonattainment areas is in parentheses.
----------------------------------------------------------------------------------------------------------------
8-hour ozone
Counties proposed to be design value
State Compact area (designated area) designated attainment effective (parts per
April 15, 2008 million)
----------------------------------------------------------------------------------------------------------------
EPA Region 3
����������������������������������������������������������������������������������������������������������������
VA.......................... Northern Shenandoah Valley Winchester City, Frederick 0.073
Region (Frederick County, VA), County.
adjacent to Washington, DC-MD-
VA.
VA.......................... Roanoke area (Roanoke, VA)...... Roanoke County, Botetourt 0.076
County, Roanoke City, Salem
City.
MD.......................... Washington County (Washington Washington County............... 0.079
County, Hagerstown, MD),
adjacent to Washington, DC-MD-
VA.
WV.......................... The Eastern Pan Handle Region Berkeley County, Jefferson 0.075
(Berkeley & Jefferson Counties, County.
WV), Martinsburg area.
----------------------------------------------------------------------------------------------------------------
EPA Region 4
----------------------------------------------------------------------------------------------------------------
NC.......................... Unifour (Hickory-Morganton- Catawba County, Alexander 0.078
Lenoir, NC). County, Burke County (part),
Caldwell County (part).
NC.......................... Triad (Greensboro-Winston-Salem- Randolph County, Forsyth County, 0.083
High Point, NC). Davie County, Alamance County,
Caswell County, Davidson
County, Guilford County,
Rockingham County.
NC.......................... Cumberland County (Fayetteville, Cumberland County............... 0.082
NC).
SC.......................... Appalachian--A (Greenville- Spartanburg County, Greenville 0.083
Spartanburg-Anderson, SC). County, Anderson County.
SC.......................... Central Midlands--I Columbia Richland County (part), 0.082
area. Lexington County (part).
TN/GA....................... Chattanooga (Chattanooga, TN-GA) Hamilton County, TN, Meigs 0.084
County, TN, Catoosa County, GA.
TN.......................... Nashville (Nashville, TN)....... Davidson County, Rutherford 0.084
County, Williamson County,
Wilson County, Sumner County.
TN.......................... Johnson City-Kingsport-Bristol Sullivan County, TN, Hawkins 0.083
area (TN portion only). County, TN.
�����������������������������
EPA Region 6
����������������������������������������������������������������������������������������������������������������
TX.......................... San Antonio..................... Bexar County, Comal County, 0.082
Guadalupe County.
----------------------------------------------------------------------------------------------------------------
[[Page 6866]]
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 proposed 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 proposed rule on
small entities, small entity is defined as: (1) A small business that
is a small industrial entity as defined in the Small Business
Administration's (SBA) regulations at 13 CFR 121.201; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of this proposed rule on
small entities, I certify that this rule will not have a significant
economic impact on a substantial number of small entities. This
proposed rule will not impose any requirements on small entities.
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 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. Thus, this proposed 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 proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. The CAA establishes the scheme
whereby States take the lead in developing plans to meet the NAAQS.
This proposed rule would not modify the relationship of the States and
EPA for purposes of developing programs to implement the NAAQS. Thus,
E.O. 13132 does not apply to this proposed rule. In the spirit of
Executive Order 13132, and consistent with EPA policy to promote
communications between EPA and State and confined governments, EPA
specifically solicits comment on this proposed rule from State and
local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This proposed rule does not
have ``Tribal implications'' as specified in E.O. 13175. It does not
have a substantial direct effect on one or more Indian Tribes, since no
Tribe has
[[Page 6867]]
implemented a CAA program to attain the 8-hour ozone NAAQS at this time
or has participated in a compact. Thus Executive Order 13175 does not
apply to this rule. EPA specifically solicits additional comments on
this proposed rule from tribal officials.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045: ``Protection of Children From Environmental
Health and Safety Risks'' (62 FR 19885, April 23, 1997) applies to any
rule that (1) is determined to be ``economically significant'' as
defined under 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 proposed 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. The EAC program has provided cleaner
air sooner than required under the CAA to these communities. The public
is invited to submit or identify peer-reviewed studies and data, of
which the agency may not be aware, that assessed results of early life
exposure to ozone.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This proposed 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 proposed rule does not involve technical standards. Therefore,
EPA is not considering the use of any VCS. EPA welcomes comments on
this aspect of the proposed rulemaking and specifically, invites the
public to identify potentially-applicable voluntary consensus standards
and to explain why such standards should be used in this regulation.
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, 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 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 health and environmental risks associated with ozone
were considered in the establishment of the 8-hour, 0.08 ppm ozone
NAAQS. The level is designed to be protective with an adequate margin
of safety.
List of Subjects in 40 CFR Part 81
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: January 31, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-2187 Filed 2-5-08; 8:45 am]
BILLING CODE 6560-50-P