Completeness Findings for Section 110(a) State Implementation Plans for the 8-hour Ozone NAAQS, 16205-16211 [E8-6176]
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Federal Register / Vol. 73, No. 60 / Thursday, March 27, 2008 / Rules and Regulations
report containing this rule and other
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defined by 5 U.S.C. 804(2).
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Interested parties should comment in
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides.
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart OO—Rhode Island
2. In § 52.2070 (c), the table entitled
‘‘EPA Approved Rhode Island
Regulations,’’ is amended by adding a
new entry, ‘‘Air Pollution Control
Regulation Number 45’’ in numerical
order to read as follows:
I
§ 52.2070
Dated: March 14, 2008.
Robert W. Varney,
Regional Administrator, EPA New England.
*
Identification of plan.
*
*
*
*
(c) EPA approved regulations.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
I
EPA APPROVED RHODE ISLAND REGULATIONS
State citation
State effective
date
Title/subject
*
*
*
Air Pollution Control RegulaRhode Island Diesel Engine
tion Number 45.
Anti-Idling Program.
*
*
*
[FR Doc. E8–6183 Filed 3–26–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR PART 52
[EPA–HQ–OAR–2007–1173, FRL–8545–6]
RIN 2060–APO3
Completeness Findings for Section
110(a) State Implementation Plans for
the 8-hour Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
SUMMARY: The EPA is making a finding
concerning whether or not each State
has submitted a complete State
Implementation Plan (SIP) that provides
the basic program elements specified in
Clean Air Act (Act or CAA) section
110(a)(2) necessary to implement the
1997 8-hour ozone National Ambient
Air Quality Standards (NAAQS). By this
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July 19, 2007 ....
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EPA approval date
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March 27, 2008; [Insert Fed- Limits idling for diesel oneral Register page numhighway and non-road enber where the document
gines.
begins].
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action, EPA is identifying those States
that: Have failed to make a complete
submission for all requirements; have
failed to make a complete submission
for specific requirements; or have made
a complete submission. The findings of
failure to submit for all or a portion of
a State’s SIP establish a 24-month
deadline for EPA to promulgate Federal
Implementation Plans (FIPs) to address
the outstanding SIP elements unless,
prior to that time, the affected States
submit, and EPA approves, the required
SIPs. The findings that all, or portions
of a State’s SIP submission, are
complete establish a 12-month deadline
for EPA to take action upon the
complete SIP elements in accordance
with section 110(k).
DATES: The effective date of this rule is
April 28, 2008.
FOR FURTHER INFORMATION CONTACT:
General questions concerning this
notice should be addressed to Mr. Larry
D. Wallace, PhD, Office of Air Quality
Planning and Standards, Air Quality
Policy Division, Mail Code C504–2, 109
TW Alexander Drive, Research Triangle
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Explanations
*
*
Park, NC 27709; telephone (919) 541–
0906.
Section
553 of the Administrative Procedures
Act, 5 U.S.C. 553(b)(B), provides that,
when an agency for good cause finds
that notice and public procedure are
impracticable, unnecessary or contrary
to the public interest, the agency may
issue a rule without providing notice
and an opportunity for public comment.
EPA has determined that there is good
cause for making this rule final without
prior proposal and opportunity for
comment because no significant EPA
judgment is involved in making a
finding of failure to submit SIPs, or
elements of SIPs, required by the CAA,
where states have made no submissions,
or incomplete submissions, to meet the
requirement by the statutory date. Thus,
notice and public procedure are
unnecessary. EPA finds that this
constitutes good cause under 5 U.S.C.
553(b)(B).
For questions related to a specific
State please contact the appropriate
regional office:
SUPPLEMENTARY INFORMATION:
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Regional offices
States
Dave Conroy, Acting Branch Chief, Air Programs Branch, EPA New
England, 1 Congress Street, Suite 1100, Boston, MA 02203–2211.
Raymond Werner, Chief, Air Programs Branch, EPA Region II, 290
Broadway, 21st Floor, New York, NY 10007–1866.
Christina Fernandez, Acting Branch Chief, Air Quality Planning Branch,
EPA Region III, 1650 Arch Street, Philadelphia, PA 19103–2187.
Dick A. Schutt, Chief, Regulatory Development Section, EPA Region
IV, Sam Nunn, Atlanta Federal Center, 61 Forsyth Street, SW., 12th
Floor, Atlanta, GA 30303.
Jay Bortzer, Chief, Air Programs Branch, EPA Region V, 77 West
Jackson Street, Chicago, IL 60604.
Tom Diggs, Acting Associate Director Air Programs, EPA Region VI,
1445 Ross Avenue, Dallas, TX 75202–2733.
Joshua A. Tapp, Chief, Air Programs Branch, EPA Region VII, 901
North 5th Street, Kansas City, Kansas 66101–2907.
Cynthia Cody, Unit Leader, Air Quality Planning Unit, EPA Region VIII
Air Program, 1595 Wynkoop St. (8P–AR), Denver, CO 80202–1129.
Lisa Hanf, Air Planning Office, EPA Region IX, 75 Hawthorne Street,
San Francisco, CA 94105.
Mahbubul Islam, Manager, State and Tribal Air Programs, EPA Region
X, Office of Air, Waste, and Toxics, Mail Code OAQ–107, 1200 Sixth
Avenue, Seattle, WA 98101.
Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island,
and Vermont.
New Jersey, New York, Puerto Rico, and the Virgin Islands.
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Table of Contents
I. Background
II. This Action
A. Finding of Failure To Submit for States
that Failed To Make a Submittal
B. Finding of Failure To Submit Specific
Elements of Section 110(a)(2)
C. List of States That Submitted Complete
Submissions To Satisfy the Section
110(a)(2) Requirements
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act of 1995
(UMRA)
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 and Low Income Populations
K. Congressional Review Act
L. Judicial Review
I. Background
On July 18, 1997, EPA promulgated
new NAAQS for ozone based on 8-hour
average concentrations. The 8-hour
averaging period replaced the previous
1-hour averaging period, and the level of
the NAAQS was changed from 0.12 ppm
to 0.08 ppm (62 FR 38,856).
The CAA section 110(a) requires
States to submit SIPs that provide for
the implementation, maintenance, and
enforcement of a new or revised
NAAQS within 3 years following the
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Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and
West Virginia.
Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,
South Carolina, and Tennessee.
Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.
Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.
Iowa, Kansas, Missouri, and Nebraska.
Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming.
Arizona, California, Guam, Hawaii, and Nevada.
Alaska, Idaho, Oregon, and Washington.
promulgation of such NAAQS, or within
such shorter period as EPA may
prescribe. Section 110(a) imposes the
obligation upon States to make a SIP
submission to EPA for a new or revised
NAAQS, but the contents of that
submission may vary depending upon
the facts and circumstances. In
particular, the data and analytical tools
available at the time the State develops
and submits the SIP for a new or revised
NAAQS necessarily affects the content
of the submission. The contents of such
SIP submissions may also vary
depending upon what provisions the
State’s existing SIP already contains. In
the case of the 1997 8-hour ozone
NAAQS, States typically have met the
basic program elements required in
section 110(a)(2) through earlier SIP
submissions in connection with
previous ozone standards.
Section 110(a)(2) lists specific
elements that States must meet in these
SIP submissions. The requirements
include SIP infrastructure elements
such as requirements for modeling,
monitoring, and emissions inventories
that are designed to assure attainment
and maintenance of the NAAQS. The
requirements that are the subject of this
action are listed in EPA’s October 2,
2007 memorandum entitled ‘‘Guidance
on SIP Elements Required Under
Section 110(a)(1) and (2) for the 1997 8hour Ozone and PM–2.5 National
Ambient Air Quality Standards.’’
Two elements identified in section
110(a)(2) are not governed by the 3 year
submission deadline of section 110(a)(1)
because SIPs incorporating necessary
local nonattainment area controls are
not due within 3 years after
promulgation of a new or revised
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NAAQS, but rather are due at the time
the nonattainment area plan
requirements are due pursuant to
section 172. These requirements are: (i)
Submissions required by section
110(a)(2)(C) to the extent that subsection
refers to a permit program as required in
part D Title I of the CAA, and (ii)
submissions required by section
110(a)(2)(I) which pertain to the
nonattainment planning requirements of
part D, Title I of the CAA. Therefore,
this action does not cover these specific
SIP elements. This action also does not
pertain to section 110(a)(2)(D), because
EPA has previously addressed that
requirement.1
As of 2004, States had not submitted
complete SIPs to satisfy all of the
section 110(a)(2) requirements for the
1997 8-hour ozone NAAQS revision. On
March 4, 2004, Earth Justice submitted
a notice of intent to sue related to EPA’s
failure to issue findings of failure to
submit related to these requirements.
Subsequently, EPA entered into a
Consent Decree with Earth Justice
which required EPA, among other
things, to complete a Federal Register
notice announcing EPA’s
determinations pursuant to section
110(k)(1)(B) as to whether each State has
made complete submissions to meet the
requirements of section 110(a)(2) for the
1997 8-hour ozone NAAQS by
December 15, 2007. Subsequently, EPA
received an extension of the date to
complete this Federal Register notice
until March 17, 2008, based upon an
1 EPA published a finding that all States had
failed to submit SIPs addressing interstate transport
for the 8-hour ozone and PM2.5 NAAQS, as required
by section 110(a)(2)(D)(i). See 70 FR 21,147 (April
25, 2005).
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NAAQS. For those States that have not
yet made a complete submission, or that
have not made a submission that is
complete for each element of section
110(a)(2), these findings establish a 24month deadline for the promulgation by
EPA of a FIP addressing these specific
SIP elements, in accordance with
section 110(c)(1). For those States that
have submitted a complete SIP, and for
those elements of SIPs in States for
which EPA has identified only partial
incompleteness, these findings establish
a 12-month deadline for action upon the
SIP, in accordance with section 110(k).
This action will be effective on April 28,
2008.
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agreement to make the findings with
respect to submissions made by January
7, 2008. In accordance with the Consent
Decree, EPA is making completeness
findings for each State based upon what
the Agency received from each State as
of January 7, 2008. This notice reflects
EPA’s determinations with respect to
the section 110(a)(2) requirements,
based upon the submissions made by
the States, either certifying that they
have already met the requirements,
making a submission to meet any
outstanding requirements, or both.
For those States that have not yet
made a submittal, or that made a
submittal that was not complete with
respect to each element of section
110(a)(2), EPA is making a finding of
failure to submit. For those States that
did not make any submittal by January
7, 2008, EPA is making a finding with
respect to all of the section 110(a)(2) SIP
elements. For those States that did not
make a submittal that addressed all of
the section 110(a)(2) elements, EPA is
making these findings only with respect
to those specific section 110(a)(2) SIP
elements which a State has not certified
that it has met, or not made a SIP
submission to meet, as of January 7,
2008. These findings establish a 24
month deadline for the promulgation by
EPA of a FIP, in accordance with section
110(c)(1). These findings of failure to
submit do not impose sanctions, or set
deadlines for imposing sanctions as
described in section 179 of the CAA,
because these finding do not pertain to
the elements of a Title I part D plan for
nonattainment areas as required under
section 110(a)(2)(I), and because this
action is not a SIP call pursuant to
section 110(k)(5).
With respect to the remaining section
110(a)(2) SIP elements in those States in
which EPA has identified specific
findings of failure to submit, EPA is by
this action making a finding that the
remainder of such SIPs are complete.
Likewise, with respect to those States
for which EPA has not made any finding
of failure to submit concerning the
section 110(a)(2) SIP elements, EPA is
by this action making a finding that
such SIPs are complete for all such
elements. These full and partial
completeness findings establish a 12month deadline for EPA to take action
upon such SIPs in accordance with
section 110(k).
A. Finding of Failure To Submit for
States That Failed to Make a Submittal
The following States failed to make a
complete submittal to satisfy the
requirements of section 110(a)(2) by
January 7, 2008. EPA is by this action
starting a 24-month deadline by which
time EPA must promulgate a FIP for the
affected States to address section
110(a)(2) requirements, if the affected
States fail to submit, and obtain EPA
approval of, the SIP revisions necessary
to address these requirements. The
States and territories that are affected by
this finding of failure to submit are the
following:
Region I: Vermont
Region VI: Texas
Region VIII: North Dakota
Region IX: Arizona, Hawaii, Nevada,2
Guam, American Samoa,
Commonwealth of the Northern
Mariana Islands.
Region X: Alaska, Idaho, Oregon,
Washington.
II. This Action
The EPA is making a finding
concerning whether each State has
submitted or failed to submit a complete
SIP that provides the basic program
elements of section 110(a)(2) necessary
to implement the 1997 8-hour ozone
2 It should be noted that, while the State of
Nevada did not make the submittal addressing the
requirements of section 110(a)(2) by the January 7,
2008 timeframe specified in the amended Consent
Decree with Earth Justice, the State has
subsequently made a submittal to address these
requirements on February 1, 2008 and EPA is
currently reviewing the submittal for completeness
and approvability.
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B. Finding of Failure To Submit Specific
Elements of Section 110(a)(2)
The following States made
submissions that address some, but not
all of the section 110(a)(2) requirements,
by January 7, 2008. EPA is by this action
identifying the specific elements for
which States have not made a complete
submission:
Region I:
Massachusetts: The State of
Massachusetts has failed to submit a SIP
addressing section 110(a)(2)(C) (the Part
C PSD permit program). However, this
requirement has already been addressed
by a FIP that remains in place, and
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16207
therefore this action will not trigger any
additional FIP obligation.
Region II:
New York: The State of New York has
failed to submit a SIP addressing section
110(a)(2)(C) (the Part C PSD permit
program). However, this requirement
has already been addressed by a FIP that
remains in place, and therefore this
action will not trigger any additional
FIP obligation.
New Jersey: The State of New Jersey
has failed to submit a SIP addressing
section 110(a)(2)(C) (the Part C PSD
permit program). However, this
requirement has already been addressed
by a FIP that remains in place, and
therefore this action will not trigger any
additional FIP obligation.
Puerto Rico: The Commonwealth of
Puerto Rico has failed to submit a SIP
addressing section 110(a)(2)(C) (the Part
C PSD permit program). However, this
requirement has already been addressed
by a FIP that remains in place, and
therefore this action will not trigger any
additional FIP obligation.
Virgin Islands: The Virgin Islands has
failed to submit a SIP addressing section
110(a)(2)(C) (the Part C PSD permit
program). However, this requirement
has already been addressed by a FIP that
remains in place, and therefore this
action will not trigger any additional
FIP obligation.
Region III:
Maryland: As required by sections
110(a)(2)(C) and (J), the State of
Maryland has failed to submit a SIP
addressing changes to its part C PSD
permit program required by the
November 29, 2005 (70 FR 71612, page
71699) final rule that made NOX a
precursor for ozone in the part C
regulations at 40 CFR 51.166 and in 40
CFR 52.21.
Pennsylvania: The Commonwealth of
Pennsylvania has failed to submit a SIP
addressing section 110(a)(2)(C) (the Part
C PSD permit program) for only the
Allegheny County portion of the
Commonwealth. However, this
requirement has already been addressed
by a FIP (Implementation of the Federal
PSD program has been delegated to the
Allegheny County Health Department)
that remains in place, and therefore this
action will not trigger any additional
FIP obligation. All other areas of the
Commonwealth, exclusive of Allegheny
County, has a SIP approved PSD
program in place.
Virginia: The Commonwealth of
Virginia has failed to submit a SIP
addressing the part C PSD permit
program, which consists of changes
required by the November 29, 2005 (70
FR 71612 page 71699) final rule that
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made NOX a precursor for ozone in the
Part C regulations at 40 CFR 51.166 and
in 40 CFR 52.21.
Washington, DC: The District of
Columbia has failed to submit a SIP
addressing sections 110(a)(2)(B), (C) (the
Part C PSD permit program), (E)(i), (F)
(the public availability of reports), (H),
and (J) (with respect to a part C
Prevention of Significant Deterioration
(PSD) permit program and to public
notification under section 127).3 The
section 110(a)(2)(C) (the Part C PSD
permit program) requirement has
already been addressed by a FIP that
remains in place, and therefore this
action will not trigger any additional
FIP obligation with respect to this
requirement.
West Virginia: The State of West
Virginia has failed to make a submittal
with respect to sections 110(a)(2)(B),
(E)(i), (G) (with respect to authority
comparable to section 303), (H) and (J)
(relating to public notification under
section 127) and (M). The State of West
Virginia has also failed to submit a SIP
addressing changes to the part C PSD
permit program required by the
November 29, 2005 (70 FR 71612, page
71699) final rule that made NOX a
precursor for ozone in the part C
regulations at 40 CFR 51.166 and in 40
CFR 52.21.
Delaware: As required by sections
110(a)(2)(C) and (J), the State of
Delaware has failed to submit a SIP
addressing changes to its part C PSD
permit program required by the
November 29, 2005 (70 FR 71612, page
71699) final rule that made NOX a
precursor for ozone in the Part C
regulations at 40 CFR 51.166 and in 40
CFR 52.21.
Region IV:
Florida: The State of Florida has
failed to submit a SIP addressing the
emergency episode plan requirement of
section 110(a)(2)(G).
Georgia: The State of Georgia has
failed to submit a SIP addressing the
emergency episode plan requirements of
section 110(a)(2)(G).
3 While the District of Columbia did not make the
submittal addressing the aforementioned
requirements by the January 7, 2008 timeframe
called for under the Consent Decree with Earth
Justice, the District of Columbia subsequently made
a submittal on January 11, 2008 that addresses the
requirements related to sections 110(a)(2)(B), (E)(i),
(F) (with respect to the public availability of
reports), (H), and (J) (with respect to public
notification under section 127). The EPA is
currently reviewing the submittal for completeness.
The District of Columbia has not submitted a part
C PSD permit program required under sections
110(a)(2)(C) and (J). It should be noted, however,
that the District of Columbia is already subject to
a FIP for a PSD permit program pursuant to 40 CFR
52.499.
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North Carolina: As required by
sections 110(a)(2)(C) and (J), the State of
North Carolina has failed to submit a
SIP addressing changes to its part C PSD
permit program required by the
November 29, 2005 (70 FR 71612, page
71699) final rule that made NOX a
precursor for ozone in the Part C
regulations at 40 CFR 51.166 and in 40
CFR 52.21.4
Tennessee: As required by sections
110(a)(2)(C) and (J), the State of
Tennessee has failed to submit a SIP
addressing changes to its part C PSD
permit program required by the
November 29, 2005 (70 FR 71612, page
71699) final rule that made NOX a
precursor for ozone in the Part C
regulations at 40 CFR 51.166 and in 40
CFR 52.21.5
Region V:
Illinois: The State of Illinois has failed
to submit a SIP addressing section
110(a)(2)(C) (the Part C PSD permit
program). However, this requirement
has already been addressed by a FIP that
remains in place, and therefore this
action will not trigger any additional
FIP obligation.
Minnesota: The State of Minnesota
has failed to submit a SIP addressing
section 110(a)(2)(C) (the Part C PSD
permit program). However, this
requirement has already been addressed
by a FIP that remains in place, and
therefore this action will not trigger any
additional FIP obligation.
Region VI:
Arkansas: As required by section
110(a)(2)(C) and (J), the State of
Arkansas has failed to submit a SIP
addressing changes to the part C PSD
permit program required by the
November 29, 2005 (70 FR 71612, page
71699) final rule that made NOX a
precursor for ozone in the part C
regulations at 40 CFR 51.166 and in 40
CFR 52.21.
New Mexico: As required by section
110(a)(2)(C) and (J), the State of New
Mexico has failed to submit a SIP
addressing changes to the part C PSD
permit program required by the
November 29, 2005 (70 FR 71612, page
71699) final rule that made NOX a
precursor for ozone in the part C
regulations at 40 CFR 51.166 and in 40
CFR 52.21.
4 The State of North Carolina is currently going
through the rulemaking process to approve the
requirements to meet this element of section
110(a)(2) and anticipates making the submittal to
address the requirement by May 2008.
5 The State of Tennessee is currently going
through the rulemaking process to approve the
requirements to meet this element of section
110(a)(2) and anticipates making the submittal to
address the requirement by May 2008.
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Oklahoma: As required by section
110(a)(2)(C) and (J), the State of
Oklahoma has failed to submit a SIP
addressing changes to the part C PSD
permit program required by the
November 29, 2005 (70 FR 71612, page
71699) final rule that made NOX a
precursor for ozone in the part C
regulations at 40 CFR 51.166 and in 40
CFR 52.21.
Region IX:
California: The State of California has
failed to submit a SIP addressing section
110(a)(2)(C) (the Part C PSD permit
program) that applies to some Air
Districts within the State. However, this
requirement has already been addressed
for these Air Districts by a FIP that
remains in place, and therefore this
action will not trigger any additional
FIP obligation. All other areas of the
State, exclusive of these Air Districts
have an approved PSD program in
place.
C. List of States That Submitted
Complete Submissions to Satisfy the
Section 110(a)(2) Requirements
The following States have been
determined by EPA to have made
complete SIP submissions that address
all of the section 110(a)(2) requirements
by January 7, 2008:
Region I: Maine, Rhode Island,
Connecticut, and New Hampshire.
Region IV: Alabama, Kentucky,
Mississippi, and South Carolina.
Region V: Indiana, Ohio, Michigan, and
Wisconsin.
Region VI: Louisiana.
Region VII: Iowa, Kansas, Nebraska, and
Missouri.
Region VIII: Colorado, Montana, South
Dakota, Utah, and Wyoming.
III. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is a
‘‘significant regulatory action’’ because
it is likely to result in a rule that may
raise novel legal or policy issues arising
out of legal mandates, the President’s
priorities, or the principles set forth in
the Executive Order. Accordingly, EPA
submitted this action to the Office of
Management and Budget (OMB) for
review under EO 12866 and any
changes made in response to OMB
recommendations have been
documented in the docket for this
action.
B. Paperwork Reduction Act
This action does not impose an
information collection burden under the
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provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. This rule
relates to the requirement in the CAA
for States to submit SIPs under section
110(a) to satisfy certain infrastructure
and general authority-related elements
required under section 110(a)(2) of the
CAA for the 1997 8-hour ozone NAAQS.
Section 110(a)(1) of the CAA requires
that States submit SIPs that implement,
maintain, and enforce a new or revised
NAAQS which satisfies the
requirements of section 110(a)(2) within
3 years of promulgation of such
standard, or shorter period as EPA may
provide. The present final rule does not
establish any new information
collection requirement apart from that
already required by law. Burden means
that total time, effort, or financial
resources expended by persons to
generate, maintain, retain, or disclose or
provide information to or for a Federal
agency. This includes the time needed
to review instructions; develop, acquire,
install, and utilize technology and
systems for the purposes of collecting,
validating, and verifying information,
processing and maintaining
information, and disclosing and
providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information. An Agency
may not conduct or sponsor, and a
person is not required to respond to a
collection of information unless it
displays a currently valid OMB control
number. The OMB control numbers for
EPA’s regulations in the CFR are listed
in 40 CFR part 9.
C. Regulatory Flexibility Act (RFA)
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 (APA) or
any other statute unless the agency
certifies that the rule will not have a
significant economic impact on a
substantial number of small entities.
Small entities include small businesses,
small organizations, and small
governmental jurisdictions.
For the purpose of assessing the
impacts of this final rule on small
entities, small entity is defined as: (1) A
small business that is a small industry
entity as defined in the U.S. Small
Business Administration (SBA) size
standards (See 13 CFR 121); (2) a small
governmental jurisdiction that is a
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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-forprofit enterprise which independently
owned and operated 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.
D. Unfunded Mandates Reform Act of
1995 (UMRA)
Title II of the Unfunded Mandate
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 mandate’’ 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 costeffective 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 of 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 to have
meaningful and timely input in the
development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small government on compliance with
regulatory requirements.
EPA has determined that this action
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
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16209
the private sector in any 1 year. It does
not create any additional requirements
beyond those of the 1997 8-hour ozone
NAAQS (62 FR 38652; 62 FR 38856,
July 18, 1997). This rule responds to the
requirement in the CAA for States to
submit SIPs under section 110(a) to
satisfy certain infrastructure and general
authority-related elements required
under section 110(a)(2) of the CAA for
the 1997 8-hour ozone NAAQS. Section
110(a)(1) of the CAA requires that States
submit SIPs that implement, maintain,
and enforce a new or revised NAAQS
which satisfies the requirements of
section 110(a)(2) within 3 years of
promulgation of such standard, or
shorter period as EPA may provide. The
EPA believes that any new controls
imposed as a result of this action will
not cost in the aggregate $100 million or
more annually. Thus, this action is not
subject to the requirements of section
202 and 205 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, or 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 rule will not
modify the relationship of the States
and EPA for purposes of developing
programs to implement the NAAQS.
Thus, Executive Order 13132 does not
apply to this 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
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Tribal officials in the development of
regulatory policies that have Tribal
implications.’’ This final rule does not
have Tribal implications, as specified in
Executive Order 13175. This rule
responds to the requirement in the CAA
for States to submit SIPs under section
110(a) to satisfy certain elements
required under section 110(a)(2) of the
CAA for the 1997 8-hour ozone NAAQS.
Section 110(a)(1) of the CAA requires
that States submit SIPs that provide for
implementation, maintenance, and
enforcement of a new or revised
NAAQS, and which satisfy the
applicable requirements of section
110(a)(2), within 3 years of
promulgation of such standard, or
within shorter period as EPA may
provide. The CAA provides for States
and Tribes to develop plans to regulate
emissions of air pollutants within their
jurisdictions. The regulations clarify the
statutory obligations of States and
Tribes that develop plans to implement
this rule. The Tribal Authority Rule
(TAR) gives Tribes the opportunity to
develop and implement CAA programs,
but it leaves to the discretion of the
Tribe whether to develop these
programs and which programs, or
appropriate elements of a program, the
Tribe will adopt.
This rule does not have Tribal
implications as defined by Executive
Order 13175. It does not have a
substantial direct effect on one or more
Indian Tribes, because no Tribe has
implemented an air quality management
program related to the 1997 8-hour
ozone NAAQS. Furthermore, this rule
does not affect the relationship or
distribution of power and
responsibilities between the Federal
government and Indian Tribes. The
CAA and the TAR establish the
relationship of the Federal government
and Tribes in developing plans to attain
the NAAQS, and this rule does nothing
to modify that relationship. Thus,
Executive Order 13175 does not apply
to this rule.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
EPA interprets EO 13045 (62 FR
19885, April 23, 1997) as applying only
to those regulatory actions that concern
health or safety risks, such that the
analysis required under section 5–501 of
the EO has the potential to influence the
regulation. This action is not subject to
EO 13045 because it is making findings
concerning whether or not each State
has submitted a complete SIP that
provides the basic program elements
specified in CAA section 110(a)(2)
necessary to implement the 1997 8-hour
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ozone NAAQS. The findings of failure
to submit for all or a portion of a State’s
SIP establish a 24-month deadline for
EPA to promulgate FIPs to address the
outstanding SIP elements unless, prior
to that time, the affected States submit,
and EPA approves, the required SIPs.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not a ‘‘significant energy
action’’ as defined in Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)) because it is not likely to
have a significant adverse effect on the
supply, distribution, or use of energy. At
the time of proposal of the
implementation rule for the 1997 8-hour
ozone standard, information on the
methodology and data regarding the
assessment of potential energy impacts
regarding implementation of the 1997 8hour standard was addressed in Chapter
6 of U.S. EPA 2003, Cost, Emission
Reduction, Energy, and Economic
Impact Assessment of the Proposed Rule
Establishing the Implementation
Framework for the 1997 8-Hour, 0.08
ppm Ozone National Ambient Air
Quality Standard, prepared by the
Innovative Strategies and Economics
Group, Office of Air Quality Planning
and Standards, Research Triangle Park,
NC, April 24, 2003. Subsequently, EPA
issued an Addendum 1 to that analysis
for the Phase 1 final rule (April 30, 2004
(69 FR 33951)) and designated
nonattainment areas. By adopting the
more flexible approaches while
providing for attainment and
maintenance of the 8-hour NAAQS as
required by the CAA for the areas
covered by this rulemaking, additional
energy cost associated with more
extensive use of less flexible approaches
would be averted.
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 impracticable. VCS are
technical standards (e.g., materials
specifications, test methods, sampling
procedures, and business practices) that
are developed or adopted by VCS
bodies. The NTTAA directs EPA to
provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable VCS.
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Fmt 4700
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This action does not involve technical
standards. Therefore, EPA did not
consider the use of any VCS.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order (EO) 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.
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 directly affect the level of protection
provided to human health or the
environment. This notice is making a
finding concerning whether each State
has submitted or failed to submit a
complete SIP that provides the basic
program elements of section 110(a)(2)
necessary to implement the 1997 8-hour
ozone NAAQS.
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. 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 April 28, 2008.
L. 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 Court within 60 days
from the date final action is published
in the Federal Register. Filing a petition
for review by the Administrator of this
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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.
Thus, any petitions for review of this
action related to a finding of failure to
submit related to the requirements of
section 110(a) to satisfy certain elements
required under section 110(a)(2) of the
CAA for the 1997 8-hour ozone NAAQS
must be filed in the Court of Appeals for
the District of Columbia Circuit within
60 days from the date final action is
published in the Federal Register.
List of Subjects in 40 CFR Part 52
Approval and promulgation of
implementation plans, Environmental
protection, Administrative practice and
procedures, Air pollution control,
Intergovernmental relations, and
Reporting and recordkeeping
requirements.
Dated: March 17, 2008.
Robert J. Meyers,
Principal Deputy Assistant Administrator.
[FR Doc. E8–6176 Filed 3–26–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 071106673–8011–02]
RIN 0648–XG65
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
American Fisheries Act Catcher
Processors Using Trawl Gear in the
Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
pwalker on PROD1PC71 with RULES
AGENCY:
SUMMARY: NMFS is prohibiting directed
fishing for Pacific cod by American
Fisheries Act (AFA) trawl catcher
processors in the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary to
prevent exceeding the A season
allowance of the 2008 Pacific cod total
allowable catch (TAC) specified for AFA
trawl catcher processors in the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), March 24, 2008, though
1200 hrs, A.l.t., April 1, 2008.
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16:02 Mar 26, 2008
Jkt 214001
FOR FURTHER INFORMATION CONTACT:
Jennifer Hogan, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The A season allowance of the 2008
Pacific cod TAC allocated to AFA trawl
catcher processors in the BSAI is 2,630
metric tons (mt) as established by the
2008 and 2009 final harvest
specifications for groundfish in the
BSAI (73 FR 10160, February 26, 2008).
See § 679.20(c)(3)(iii), § 679.20(c)(5),
§ 679.20(a)(7)(ii)(A)(7), and
§ 679.20(a)(7)(iv)(A)(1)(ii).
In accordance with § 679.20(d)(1)(iii),
the Administrator, Alaska Region,
NMFS, has determined that the A
season allowance of the 2008 Pacific
cod TAC allocated to AFA trawl catcher
processors in the BSAI has been
reached. Consequently, NMFS is
prohibiting directed fishing for Pacific
cod by AFA trawl catcher processors in
the BSAI.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of Pacific cod by AFA
trawl catcher processors in the BSAI.
NMFS was unable to publish a notice
providing time for public comment
because the most recent, relevant data
only became available as of March 21,
2008.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
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16211
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 24, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 08–1079 Filed 3–24–08; 3:51 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 071106673–8011–02]
RIN 0648–XG70
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Vessels in the Amendment 80 Limited
Access Fishery in the Bering Sea and
Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
SUMMARY: NMFS is prohibiting directed
fishing for Pacific cod for vessels
participating in the Amendment 80
limited access fishery in the Bering Sea
and Aleutian Islands management area
(BSAI). This action is necessary to
prevent exceeding the B season
allowance of the 2008 Pacific cod
allowable catch (TAC) specified for
vessels participating in the Amendment
80 limited access fishery in the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), April 1, 2008, through 1200
hrs, A.l.t., June 10, 2008.
FOR FURTHER INFORMATION CONTACT:
Jennifer Hogan, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The B season allowance of the 2008
Pacific cod TAC allocated to vessels
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]]>Agencies
[Federal Register Volume 73, Number 60 (Thursday, March 27, 2008)]
[Rules and Regulations]
[Pages 16205-16211]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6176]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR PART 52
[EPA-HQ-OAR-2007-1173, FRL-8545-6]
RIN 2060-APO3
Completeness Findings for Section 110(a) State Implementation
Plans for the 8-hour Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is making a finding concerning whether or not each
State has submitted a complete State Implementation Plan (SIP) that
provides the basic program elements specified in Clean Air Act (Act or
CAA) section 110(a)(2) necessary to implement the 1997 8-hour ozone
National Ambient Air Quality Standards (NAAQS). By this action, EPA is
identifying those States that: Have failed to make a complete
submission for all requirements; have failed to make a complete
submission for specific requirements; or have made a complete
submission. The findings of failure to submit for all or a portion of a
State's SIP establish a 24-month deadline for EPA to promulgate Federal
Implementation Plans (FIPs) to address the outstanding SIP elements
unless, prior to that time, the affected States submit, and EPA
approves, the required SIPs. The findings that all, or portions of a
State's SIP submission, are complete establish a 12-month deadline for
EPA to take action upon the complete SIP elements in accordance with
section 110(k).
DATES: The effective date of this rule is April 28, 2008.
FOR FURTHER INFORMATION CONTACT: General questions concerning this
notice should be addressed to Mr. Larry D. Wallace, PhD, Office of Air
Quality Planning and Standards, Air Quality Policy Division, Mail Code
C504-2, 109 TW Alexander Drive, Research Triangle Park, NC 27709;
telephone (919) 541-0906.
SUPPLEMENTARY INFORMATION: Section 553 of the Administrative Procedures
Act, 5 U.S.C. 553(b)(B), provides that, when an agency for good cause
finds that notice and public procedure are impracticable, unnecessary
or contrary to the public interest, the agency may issue a rule without
providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making this rule final without
prior proposal and opportunity for comment because no significant EPA
judgment is involved in making a finding of failure to submit SIPs, or
elements of SIPs, required by the CAA, where states have made no
submissions, or incomplete submissions, to meet the requirement by the
statutory date. Thus, notice and public procedure are unnecessary. EPA
finds that this constitutes good cause under 5 U.S.C. 553(b)(B).
For questions related to a specific State please contact the
appropriate regional office:
[[Page 16206]]
------------------------------------------------------------------------
Regional offices States
------------------------------------------------------------------------
Dave Conroy, Acting Branch Chief, Air Connecticut, Maine,
Programs Branch, EPA New England, 1 Massachusetts, New Hampshire,
Congress Street, Suite 1100, Boston, Rhode Island, and Vermont.
MA 02203-2211.
Raymond Werner, Chief, Air Programs New Jersey, New York, Puerto
Branch, EPA Region II, 290 Broadway, Rico, and the Virgin Islands.
21st Floor, New York, NY 10007-1866.
Christina Fernandez, Acting Branch Delaware, District of Columbia,
Chief, Air Quality Planning Branch, Maryland, Pennsylvania,
EPA Region III, 1650 Arch Street, Virginia, and West Virginia.
Philadelphia, PA 19103-2187.
Dick A. Schutt, Chief, Regulatory Alabama, Florida, Georgia,
Development Section, EPA Region IV, Kentucky, Mississippi, North
Sam Nunn, Atlanta Federal Center, 61 Carolina, South Carolina, and
Forsyth Street, SW., 12th Floor, Tennessee.
Atlanta, GA 30303.
Jay Bortzer, Chief, Air Programs Illinois, Indiana, Michigan,
Branch, EPA Region V, 77 West Jackson Minnesota, Ohio, and
Street, Chicago, IL 60604. Wisconsin.
Tom Diggs, Acting Associate Director Arkansas, Louisiana, New
Air Programs, EPA Region VI, 1445 Ross Mexico, Oklahoma, and Texas.
Avenue, Dallas, TX 75202-2733.
Joshua A. Tapp, Chief, Air Programs Iowa, Kansas, Missouri, and
Branch, EPA Region VII, 901 North 5th Nebraska.
Street, Kansas City, Kansas 66101-2907.
Cynthia Cody, Unit Leader, Air Quality Colorado, Montana, North
Planning Unit, EPA Region VIII Air Dakota, South Dakota, Utah,
Program, 1595 Wynkoop St. (8P-AR), and Wyoming.
Denver, CO 80202-1129.
Lisa Hanf, Air Planning Office, EPA Arizona, California, Guam,
Region IX, 75 Hawthorne Street, San Hawaii, and Nevada.
Francisco, CA 94105.
Mahbubul Islam, Manager, State and Alaska, Idaho, Oregon, and
Tribal Air Programs, EPA Region X, Washington.
Office of Air, Waste, and Toxics, Mail
Code OAQ-107, 1200 Sixth Avenue,
Seattle, WA 98101.
------------------------------------------------------------------------
Table of Contents
I. Background
II. This Action
A. Finding of Failure To Submit for States that Failed To Make a
Submittal
B. Finding of Failure To Submit Specific Elements of Section
110(a)(2)
C. List of States That Submitted Complete Submissions To Satisfy
the Section 110(a)(2) Requirements
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act of 1995 (UMRA)
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 and Low Income Populations
K. Congressional Review Act
L. Judicial Review
I. Background
On July 18, 1997, EPA promulgated new NAAQS for ozone based on 8-
hour average concentrations. The 8-hour averaging period replaced the
previous 1-hour averaging period, and the level of the NAAQS was
changed from 0.12 ppm to 0.08 ppm (62 FR 38,856).
The CAA section 110(a) requires States to submit SIPs that provide
for the implementation, maintenance, and enforcement of a new or
revised NAAQS within 3 years following the promulgation of such NAAQS,
or within such shorter period as EPA may prescribe. Section 110(a)
imposes the obligation upon States to make a SIP submission to EPA for
a new or revised NAAQS, but the contents of that submission may vary
depending upon the facts and circumstances. In particular, the data and
analytical tools available at the time the State develops and submits
the SIP for a new or revised NAAQS necessarily affects the content of
the submission. The contents of such SIP submissions may also vary
depending upon what provisions the State's existing SIP already
contains. In the case of the 1997 8-hour ozone NAAQS, States typically
have met the basic program elements required in section 110(a)(2)
through earlier SIP submissions in connection with previous ozone
standards.
Section 110(a)(2) lists specific elements that States must meet in
these SIP submissions. The requirements include SIP infrastructure
elements such as requirements for modeling, monitoring, and emissions
inventories that are designed to assure attainment and maintenance of
the NAAQS. The requirements that are the subject of this action are
listed in EPA's October 2, 2007 memorandum entitled ``Guidance on SIP
Elements Required Under Section 110(a)(1) and (2) for the 1997 8-hour
Ozone and PM-2.5 National Ambient Air Quality Standards.''
Two elements identified in section 110(a)(2) are not governed by
the 3 year submission deadline of section 110(a)(1) because SIPs
incorporating necessary local nonattainment area controls are not due
within 3 years after promulgation of a new or revised NAAQS, but rather
are due at the time the nonattainment area plan requirements are due
pursuant to section 172. These requirements are: (i) Submissions
required by section 110(a)(2)(C) to the extent that subsection refers
to a permit program as required in part D Title I of the CAA, and (ii)
submissions required by section 110(a)(2)(I) which pertain to the
nonattainment planning requirements of part D, Title I of the CAA.
Therefore, this action does not cover these specific SIP elements. This
action also does not pertain to section 110(a)(2)(D), because EPA has
previously addressed that requirement.\1\
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\1\ EPA published a finding that all States had failed to submit
SIPs addressing interstate transport for the 8-hour ozone and
PM2.5 NAAQS, as required by section 110(a)(2)(D)(i). See
70 FR 21,147 (April 25, 2005).
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As of 2004, States had not submitted complete SIPs to satisfy all
of the section 110(a)(2) requirements for the 1997 8-hour ozone NAAQS
revision. On March 4, 2004, Earth Justice submitted a notice of intent
to sue related to EPA's failure to issue findings of failure to submit
related to these requirements. Subsequently, EPA entered into a Consent
Decree with Earth Justice which required EPA, among other things, to
complete a Federal Register notice announcing EPA's determinations
pursuant to section 110(k)(1)(B) as to whether each State has made
complete submissions to meet the requirements of section 110(a)(2) for
the 1997 8-hour ozone NAAQS by December 15, 2007. Subsequently, EPA
received an extension of the date to complete this Federal Register
notice until March 17, 2008, based upon an
[[Page 16207]]
agreement to make the findings with respect to submissions made by
January 7, 2008. In accordance with the Consent Decree, EPA is making
completeness findings for each State based upon what the Agency
received from each State as of January 7, 2008. This notice reflects
EPA's determinations with respect to the section 110(a)(2)
requirements, based upon the submissions made by the States, either
certifying that they have already met the requirements, making a
submission to meet any outstanding requirements, or both.
For those States that have not yet made a submittal, or that made a
submittal that was not complete with respect to each element of section
110(a)(2), EPA is making a finding of failure to submit. For those
States that did not make any submittal by January 7, 2008, EPA is
making a finding with respect to all of the section 110(a)(2) SIP
elements. For those States that did not make a submittal that addressed
all of the section 110(a)(2) elements, EPA is making these findings
only with respect to those specific section 110(a)(2) SIP elements
which a State has not certified that it has met, or not made a SIP
submission to meet, as of January 7, 2008. These findings establish a
24 month deadline for the promulgation by EPA of a FIP, in accordance
with section 110(c)(1). These findings of failure to submit do not
impose sanctions, or set deadlines for imposing sanctions as described
in section 179 of the CAA, because these finding do not pertain to the
elements of a Title I part D plan for nonattainment areas as required
under section 110(a)(2)(I), and because this action is not a SIP call
pursuant to section 110(k)(5).
With respect to the remaining section 110(a)(2) SIP elements in
those States in which EPA has identified specific findings of failure
to submit, EPA is by this action making a finding that the remainder of
such SIPs are complete. Likewise, with respect to those States for
which EPA has not made any finding of failure to submit concerning the
section 110(a)(2) SIP elements, EPA is by this action making a finding
that such SIPs are complete for all such elements. These full and
partial completeness findings establish a 12-month deadline for EPA to
take action upon such SIPs in accordance with section 110(k).
II. This Action
The EPA is making a finding concerning whether each State has
submitted or failed to submit a complete SIP that provides the basic
program elements of section 110(a)(2) necessary to implement the 1997
8-hour ozone NAAQS. For those States that have not yet made a complete
submission, or that have not made a submission that is complete for
each element of section 110(a)(2), these findings establish a 24-month
deadline for the promulgation by EPA of a FIP addressing these specific
SIP elements, in accordance with section 110(c)(1). For those States
that have submitted a complete SIP, and for those elements of SIPs in
States for which EPA has identified only partial incompleteness, these
findings establish a 12-month deadline for action upon the SIP, in
accordance with section 110(k). This action will be effective on April
28, 2008.
A. Finding of Failure To Submit for States That Failed to Make a
Submittal
The following States failed to make a complete submittal to satisfy
the requirements of section 110(a)(2) by January 7, 2008. EPA is by
this action starting a 24-month deadline by which time EPA must
promulgate a FIP for the affected States to address section 110(a)(2)
requirements, if the affected States fail to submit, and obtain EPA
approval of, the SIP revisions necessary to address these requirements.
The States and territories that are affected by this finding of failure
to submit are the following:
Region I: Vermont
Region VI: Texas
Region VIII: North Dakota
Region IX: Arizona, Hawaii, Nevada,\2\ Guam, American Samoa,
Commonwealth of the Northern Mariana Islands.
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\2\ It should be noted that, while the State of Nevada did not
make the submittal addressing the requirements of section 110(a)(2)
by the January 7, 2008 timeframe specified in the amended Consent
Decree with Earth Justice, the State has subsequently made a
submittal to address these requirements on February 1, 2008 and EPA
is currently reviewing the submittal for completeness and
approvability.
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Region X: Alaska, Idaho, Oregon, Washington.
B. Finding of Failure To Submit Specific Elements of Section 110(a)(2)
The following States made submissions that address some, but not
all of the section 110(a)(2) requirements, by January 7, 2008. EPA is
by this action identifying the specific elements for which States have
not made a complete submission:
Region I:
Massachusetts: The State of Massachusetts has failed to submit a
SIP addressing section 110(a)(2)(C) (the Part C PSD permit program).
However, this requirement has already been addressed by a FIP that
remains in place, and therefore this action will not trigger any
additional FIP obligation.
Region II:
New York: The State of New York has failed to submit a SIP
addressing section 110(a)(2)(C) (the Part C PSD permit program).
However, this requirement has already been addressed by a FIP that
remains in place, and therefore this action will not trigger any
additional FIP obligation.
New Jersey: The State of New Jersey has failed to submit a SIP
addressing section 110(a)(2)(C) (the Part C PSD permit program).
However, this requirement has already been addressed by a FIP that
remains in place, and therefore this action will not trigger any
additional FIP obligation.
Puerto Rico: The Commonwealth of Puerto Rico has failed to submit a
SIP addressing section 110(a)(2)(C) (the Part C PSD permit program).
However, this requirement has already been addressed by a FIP that
remains in place, and therefore this action will not trigger any
additional FIP obligation.
Virgin Islands: The Virgin Islands has failed to submit a SIP
addressing section 110(a)(2)(C) (the Part C PSD permit program).
However, this requirement has already been addressed by a FIP that
remains in place, and therefore this action will not trigger any
additional FIP obligation.
Region III:
Maryland: As required by sections 110(a)(2)(C) and (J), the State
of Maryland has failed to submit a SIP addressing changes to its part C
PSD permit program required by the November 29, 2005 (70 FR 71612, page
71699) final rule that made NOX a precursor for ozone in the
part C regulations at 40 CFR 51.166 and in 40 CFR 52.21.
Pennsylvania: The Commonwealth of Pennsylvania has failed to submit
a SIP addressing section 110(a)(2)(C) (the Part C PSD permit program)
for only the Allegheny County portion of the Commonwealth. However,
this requirement has already been addressed by a FIP (Implementation of
the Federal PSD program has been delegated to the Allegheny County
Health Department) that remains in place, and therefore this action
will not trigger any additional FIP obligation. All other areas of the
Commonwealth, exclusive of Allegheny County, has a SIP approved PSD
program in place.
Virginia: The Commonwealth of Virginia has failed to submit a SIP
addressing the part C PSD permit program, which consists of changes
required by the November 29, 2005 (70 FR 71612 page 71699) final rule
that
[[Page 16208]]
made NOX a precursor for ozone in the Part C regulations at
40 CFR 51.166 and in 40 CFR 52.21.
Washington, DC: The District of Columbia has failed to submit a SIP
addressing sections 110(a)(2)(B), (C) (the Part C PSD permit program),
(E)(i), (F) (the public availability of reports), (H), and (J) (with
respect to a part C Prevention of Significant Deterioration (PSD)
permit program and to public notification under section 127).\3\ The
section 110(a)(2)(C) (the Part C PSD permit program) requirement has
already been addressed by a FIP that remains in place, and therefore
this action will not trigger any additional FIP obligation with respect
to this requirement.
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\3\ While the District of Columbia did not make the submittal
addressing the aforementioned requirements by the January 7, 2008
timeframe called for under the Consent Decree with Earth Justice,
the District of Columbia subsequently made a submittal on January
11, 2008 that addresses the requirements related to sections
110(a)(2)(B), (E)(i), (F) (with respect to the public availability
of reports), (H), and (J) (with respect to public notification under
section 127). The EPA is currently reviewing the submittal for
completeness. The District of Columbia has not submitted a part C
PSD permit program required under sections 110(a)(2)(C) and (J). It
should be noted, however, that the District of Columbia is already
subject to a FIP for a PSD permit program pursuant to 40 CFR 52.499.
---------------------------------------------------------------------------
West Virginia: The State of West Virginia has failed to make a
submittal with respect to sections 110(a)(2)(B), (E)(i), (G) (with
respect to authority comparable to section 303), (H) and (J) (relating
to public notification under section 127) and (M). The State of West
Virginia has also failed to submit a SIP addressing changes to the part
C PSD permit program required by the November 29, 2005 (70 FR 71612,
page 71699) final rule that made NOX a precursor for ozone
in the part C regulations at 40 CFR 51.166 and in 40 CFR 52.21.
Delaware: As required by sections 110(a)(2)(C) and (J), the State
of Delaware has failed to submit a SIP addressing changes to its part C
PSD permit program required by the November 29, 2005 (70 FR 71612, page
71699) final rule that made NOX a precursor for ozone in the
Part C regulations at 40 CFR 51.166 and in 40 CFR 52.21.
Region IV:
Florida: The State of Florida has failed to submit a SIP addressing
the emergency episode plan requirement of section 110(a)(2)(G).
Georgia: The State of Georgia has failed to submit a SIP addressing
the emergency episode plan requirements of section 110(a)(2)(G).
North Carolina: As required by sections 110(a)(2)(C) and (J), the
State of North Carolina has failed to submit a SIP addressing changes
to its part C PSD permit program required by the November 29, 2005 (70
FR 71612, page 71699) final rule that made NOX a precursor
for ozone in the Part C regulations at 40 CFR 51.166 and in 40 CFR
52.21.\4\
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\4\ The State of North Carolina is currently going through the
rulemaking process to approve the requirements to meet this element
of section 110(a)(2) and anticipates making the submittal to address
the requirement by May 2008.
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Tennessee: As required by sections 110(a)(2)(C) and (J), the State
of Tennessee has failed to submit a SIP addressing changes to its part
C PSD permit program required by the November 29, 2005 (70 FR 71612,
page 71699) final rule that made NOX a precursor for ozone
in the Part C regulations at 40 CFR 51.166 and in 40 CFR 52.21.\5\
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\5\ The State of Tennessee is currently going through the
rulemaking process to approve the requirements to meet this element
of section 110(a)(2) and anticipates making the submittal to address
the requirement by May 2008.
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Region V:
Illinois: The State of Illinois has failed to submit a SIP
addressing section 110(a)(2)(C) (the Part C PSD permit program).
However, this requirement has already been addressed by a FIP that
remains in place, and therefore this action will not trigger any
additional FIP obligation.
Minnesota: The State of Minnesota has failed to submit a SIP
addressing section 110(a)(2)(C) (the Part C PSD permit program).
However, this requirement has already been addressed by a FIP that
remains in place, and therefore this action will not trigger any
additional FIP obligation.
Region VI:
Arkansas: As required by section 110(a)(2)(C) and (J), the State of
Arkansas has failed to submit a SIP addressing changes to the part C
PSD permit program required by the November 29, 2005 (70 FR 71612, page
71699) final rule that made NOX a precursor for ozone in the
part C regulations at 40 CFR 51.166 and in 40 CFR 52.21.
New Mexico: As required by section 110(a)(2)(C) and (J), the State
of New Mexico has failed to submit a SIP addressing changes to the part
C PSD permit program required by the November 29, 2005 (70 FR 71612,
page 71699) final rule that made NOX a precursor for ozone
in the part C regulations at 40 CFR 51.166 and in 40 CFR 52.21.
Oklahoma: As required by section 110(a)(2)(C) and (J), the State of
Oklahoma has failed to submit a SIP addressing changes to the part C
PSD permit program required by the November 29, 2005 (70 FR 71612, page
71699) final rule that made NOX a precursor for ozone in the
part C regulations at 40 CFR 51.166 and in 40 CFR 52.21.
Region IX:
California: The State of California has failed to submit a SIP
addressing section 110(a)(2)(C) (the Part C PSD permit program) that
applies to some Air Districts within the State. However, this
requirement has already been addressed for these Air Districts by a FIP
that remains in place, and therefore this action will not trigger any
additional FIP obligation. All other areas of the State, exclusive of
these Air Districts have an approved PSD program in place.
C. List of States That Submitted Complete Submissions to Satisfy the
Section 110(a)(2) Requirements
The following States have been determined by EPA to have made
complete SIP submissions that address all of the section 110(a)(2)
requirements by January 7, 2008:
Region I: Maine, Rhode Island, Connecticut, and New Hampshire.
Region IV: Alabama, Kentucky, Mississippi, and South Carolina.
Region V: Indiana, Ohio, Michigan, and Wisconsin.
Region VI: Louisiana.
Region VII: Iowa, Kansas, Nebraska, and Missouri.
Region VIII: Colorado, Montana, South Dakota, Utah, and Wyoming.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is a ``significant regulatory action'' because it is likely to
result in a rule that may raise novel legal or policy issues arising
out of legal mandates, the President's priorities, or the principles
set forth in the Executive Order. Accordingly, EPA submitted this
action to the Office of Management and Budget (OMB) for review under EO
12866 and any changes made in response to OMB recommendations have been
documented in the docket for this action.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the
[[Page 16209]]
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. This
rule relates to the requirement in the CAA for States to submit SIPs
under section 110(a) to satisfy certain infrastructure and general
authority-related elements required under section 110(a)(2) of the CAA
for the 1997 8-hour ozone NAAQS. Section 110(a)(1) of the CAA requires
that States submit SIPs that implement, maintain, and enforce a new or
revised NAAQS which satisfies the requirements of section 110(a)(2)
within 3 years of promulgation of such standard, or shorter period as
EPA may provide. The present final rule does not establish any new
information collection requirement apart from that already required by
law. Burden means that total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information. An Agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for EPA's regulations in the
CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act (RFA)
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 (APA) or any other statute unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
For the purpose of assessing the impacts of this final rule on
small entities, small entity is defined as: (1) A small business that
is a small industry entity as defined in the U.S. Small Business
Administration (SBA) size standards (See 13 CFR 121); (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 independently owned and operated 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.
D. Unfunded Mandates Reform Act of 1995 (UMRA)
Title II of the Unfunded Mandate 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 mandate'' 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 of 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 to have
meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small government on compliance with
regulatory requirements.
EPA has determined that this action 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. It does not create any additional requirements
beyond those of the 1997 8-hour ozone NAAQS (62 FR 38652; 62 FR 38856,
July 18, 1997). This rule responds to the requirement in the CAA for
States to submit SIPs under section 110(a) to satisfy certain
infrastructure and general authority-related elements required under
section 110(a)(2) of the CAA for the 1997 8-hour ozone NAAQS. Section
110(a)(1) of the CAA requires that States submit SIPs that implement,
maintain, and enforce a new or revised NAAQS which satisfies the
requirements of section 110(a)(2) within 3 years of promulgation of
such standard, or shorter period as EPA may provide. The EPA believes
that any new controls imposed as a result of this action will not cost
in the aggregate $100 million or more annually. Thus, this action is
not subject to the requirements of section 202 and 205 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, or 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 rule will not modify the relationship of the States and EPA for
purposes of developing programs to implement the NAAQS. Thus, Executive
Order 13132 does not apply to this 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
[[Page 16210]]
Tribal officials in the development of regulatory policies that have
Tribal implications.'' This final rule does not have Tribal
implications, as specified in Executive Order 13175. This rule responds
to the requirement in the CAA for States to submit SIPs under section
110(a) to satisfy certain elements required under section 110(a)(2) of
the CAA for the 1997 8-hour ozone NAAQS. Section 110(a)(1) of the CAA
requires that States submit SIPs that provide for implementation,
maintenance, and enforcement of a new or revised NAAQS, and which
satisfy the applicable requirements of section 110(a)(2), within 3
years of promulgation of such standard, or within shorter period as EPA
may provide. The CAA provides for States and Tribes to develop plans to
regulate emissions of air pollutants within their jurisdictions. The
regulations clarify the statutory obligations of States and Tribes that
develop plans to implement this rule. The Tribal Authority Rule (TAR)
gives Tribes the opportunity to develop and implement CAA programs, but
it leaves to the discretion of the Tribe whether to develop these
programs and which programs, or appropriate elements of a program, the
Tribe will adopt.
This rule does not have Tribal implications as defined by Executive
Order 13175. It does not have a substantial direct effect on one or
more Indian Tribes, because no Tribe has implemented an air quality
management program related to the 1997 8-hour ozone NAAQS. Furthermore,
this rule does not affect the relationship or distribution of power and
responsibilities between the Federal government and Indian Tribes. The
CAA and the TAR establish the relationship of the Federal government
and Tribes in developing plans to attain the NAAQS, and this rule does
nothing to modify that relationship. Thus, Executive Order 13175 does
not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This action is not subject to EO
13045 because it is making findings concerning whether or not each
State has submitted a complete SIP that provides the basic program
elements specified in CAA section 110(a)(2) necessary to implement the
1997 8-hour ozone NAAQS. The findings of failure to submit for all or a
portion of a State's SIP establish a 24-month deadline for EPA to
promulgate FIPs to address the outstanding SIP elements unless, prior
to that time, the affected States submit, and EPA approves, the
required SIPs.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. At the time of
proposal of the implementation rule for the 1997 8-hour ozone standard,
information on the methodology and data regarding the assessment of
potential energy impacts regarding implementation of the 1997 8-hour
standard was addressed in Chapter 6 of U.S. EPA 2003, Cost, Emission
Reduction, Energy, and Economic Impact Assessment of the Proposed Rule
Establishing the Implementation Framework for the 1997 8-Hour, 0.08 ppm
Ozone National Ambient Air Quality Standard, prepared by the Innovative
Strategies and Economics Group, Office of Air Quality Planning and
Standards, Research Triangle Park, NC, April 24, 2003. Subsequently,
EPA issued an Addendum 1 to that analysis for the Phase 1 final rule
(April 30, 2004 (69 FR 33951)) and designated nonattainment areas. By
adopting the more flexible approaches while providing for attainment
and maintenance of the 8-hour NAAQS as required by the CAA for the
areas covered by this rulemaking, additional energy cost associated
with more extensive use of less flexible approaches would be averted.
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 impracticable. VCS are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by VCS bodies. The
NTTAA directs EPA to provide Congress, through OMB, explanations when
the Agency decides not to use available and applicable VCS.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any VCS.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 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.
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
directly affect the level of protection provided to human health or the
environment. This notice is making a finding concerning whether each
State has submitted or failed to submit a complete SIP that provides
the basic program elements of section 110(a)(2) necessary to implement
the 1997 8-hour ozone NAAQS.
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. 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 April 28, 2008.
L. 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 Court within 60 days from the date
final action is published in the Federal Register. Filing a petition
for review by the Administrator of this
[[Page 16211]]
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.
Thus, any petitions for review of this action related to a finding
of failure to submit related to the requirements of section 110(a) to
satisfy certain elements required under section 110(a)(2) of the CAA
for the 1997 8-hour ozone NAAQS must be filed in the Court of Appeals
for the District of Columbia Circuit within 60 days from the date final
action is published in the Federal Register.
List of Subjects in 40 CFR Part 52
Approval and promulgation of implementation plans, Environmental
protection, Administrative practice and procedures, Air pollution
control, Intergovernmental relations, and Reporting and recordkeeping
requirements.
Dated: March 17, 2008.
Robert J. Meyers,
Principal Deputy Assistant Administrator.
[FR Doc. E8-6176 Filed 3-26-08; 8:45 am]
BILLING CODE 6560-50-P
