The Treatment of Data Influenced by Exceptional Events (Exceptional Event Rule): Revised Exceptional Event Data Flagging Submittal and Documentation Schedule To Support Initial Area Designations for the 2008 Ozone NAAQS, 76219-76220 [E8-29747]

Download as PDF Federal Register / Vol. 73, No. 242 / Tuesday, December 16, 2008 / Rules and Regulations would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship 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 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. mstockstill on PROD1PC66 with RULES_2 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 rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Department of Homeland Security Management Directive 5100.1 and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and VerDate Aug<31>2005 15:59 Dec 15, 2008 Jkt 217001 have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2–1, paragraph (32)(e) of the Instruction, from further environmental documentation. Under figure 2–1, paragraph (32)(e), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for this rule. List of Subjects in 33 CFR Part 117 Bridges. ■ For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: ■ Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. ■ 2. Revise § 117.397 to read as follows: § 117.397 Wabash River The draws of the bridges across the Wabash River need not be opened for the passage of vessels. Dated: November 24, 2008. Joel R. Whitehead, RADM, USCG. [FR Doc. E8–29733 Filed 12–15–08; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 50 [EPA–HQ–OAR–2005–0159; FRL–8752–2] RIN 2060–AP28 The Treatment of Data Influenced by Exceptional Events (Exceptional Event Rule): Revised Exceptional Event Data Flagging Submittal and Documentation Schedule To Support Initial Area Designations for the 2008 Ozone NAAQS Environmental Protection Agency (EPA). ACTION: Withdrawal of direct final rule. AGENCY: SUMMARY: The EPA issued ‘‘The Treatment of Data Influenced by Exceptional Events (Exceptional Event Rule): Revised Exceptional Event Data Flagging Submittal and Documentation Schedule for Monitoring Data Used in Designations for the 2008 Ozone NAAQS’’ as a direct final rule on PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 76219 October 6, 2008, 73 FR 58042. Because EPA received an adverse comment, we are withdrawing the direct final rule amendments to ‘‘The Treatment of Data Influenced by Exceptional Events (Exceptional Event Rule): Revised Exceptional Event Data Flagging Submittal and Documentation Schedule to Support Initial Area Designations for the 2008 Ozone NAAQS’’ published in the Federal Register on October 6, 2008 (73 FR 58042). DATES: As of December 16, 2008, EPA withdraws the direct final rule amendments published on October 6, 2008 (73 FR 58042). ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2005–0159. All documents in the docket are listed on the https://www.regulations.gov Web Site. Although listed in the index, some information is not publicly available, e.g., confidential business information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through https:// www.regulations.gov or in hard copy at Air Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744. FOR FURTHER INFORMATION CONTACT: Thomas E. Link, Air Quality Planning Division, Office of Air Quality Planning and Standards, Mail Code C539–04, Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: 919–541– 5456; fax number: 919–541–0824; e-mail address: link.tom@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does This Action Apply to Me? This action affects states and local air quality agencies and may also affect Tribal air quality agencies that have implemented air quality monitoring networks or have authority to implement air quality programs. II. Background Information The EPA issued ‘‘The Treatment of Data Influenced by Exceptional Events (Exceptional Event Rule): Revised Exceptional Event Data Flagging Submittal and Documentation Schedule E:\FR\FM\16DER1.SGM 16DER1 76220 Federal Register / Vol. 73, No. 242 / Tuesday, December 16, 2008 / Rules and Regulations for Monitoring Data Used in Designations for the 2008 Ozone NAAQS’’ as a direct final rule on October 6, 2008, 73 FR 58042. The direct final rule revises the schedule for the flagging and submission of documentation of data impacted by exceptional events that may be used for designations under the 2008 ozone National Ambient Air Quality Standards (NAAQS). For a detailed description of the ozone NAAQS and the Exceptional Events Rule, please see the rulemaking actions which are available at EPA’s Web sites at https://www.epa.gov/ groundlevelozone/actions.html and https://www.epa.gov/EPA-AIR/2008/ October/Day-06/a23520.htm and also in the Federal Register at 73 FR 16436 and 73 FR 58042. We stated in the direct final rule amendments that if we received adverse comment by November 20, 2008, we would publish a timely notice of withdrawal in the Federal Register. We received an adverse comment on the direct final rule amendments on November 20, 2008. Because EPA received adverse comment, we are withdrawing the direct final rule amendments to ‘‘The Treatment of Data Influenced by Exceptional Events (Exceptional Event Rule): Revised Exceptional Event Data Flagging Submittal and Documentation Schedule to Support Initial Area Designations for the 2008 Ozone NAAQS’’ published in the Federal Register on October 6, 2008 (73 FR 58042), as of December 16, 2008. EPA will address adverse comments received in a subsequent final action based on the parallel proposal also published on October 6, 2008. As stated in the parallel proposal, we will not institute a second comment period on this action. List of Subjects in 40 CFR Part 50 Environmental protection, Air pollution control, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. Dated: December 10, 2008. Robert J. Meyers, Principal Deputy Assistant Administrator. PART 50—[AMENDED] Accordingly, the amendments to the rule published in the Federal Register on October 6, 2008 (73 FR 58042) on pages 58042–58047 are withdrawn as of December 16, 2008. mstockstill on PROD1PC66 with RULES_2 ■ [FR Doc. E8–29747 Filed 12–15–08; 8:45 am] BILLING CODE 6560–50–P VerDate Aug<31>2005 15:59 Dec 15, 2008 Jkt 217001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA–HQ–OAR–2007–0211; FRL–8752–5] RIN 2060–AO16 National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins (Polysulfide Rubber Production, Ethylene Propylene Rubber Production, Butyl Rubber Production, Neoprene Production); National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non-Nylon Polyamides Production; National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards (Acetal Resins Production and Hydrogen Fluoride Production) (Risk and Technology Review) AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: This final rule responds to public comments received on the proposed rule and announces our decision not to revise four national emission standards for hazardous air pollutants that regulate eight industrial source categories evaluated in our risk and technology review. The four national emission standards and eight industrial source categories are: National Emissions Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins (Polysulfide Rubber Production, Ethylene Propylene Rubber Production, Butyl Rubber Production, and Neoprene Rubber Production); National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Nonnylon Polyamides Production; National Emission Standards for Hazardous Air Pollutants for Acetal Resins Production and National Emission Standards for Hazardous Air Pollutants for Hydrogen Fluoride Production. The underlying national emission standards that were reviewed in this action limit and control hazardous air pollutants. On December 12, 2007, we proposed not to revise the national emission standards based on our residual risk assessment and technology review. After conducting risk and technology reviews, and after considering public comments on the proposed rule, we conclude no additional control PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 requirements are warranted under section 112(f)(2) or 112(d)(6) of the Clean Air Act at this time. DATES: This final action is effective on December 16, 2008. ADDRESSES: We have established a docket for this action under Docket ID No. EPA–HQ–OAR–2007–0211. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., confidential business information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the EPA Docket Center, Docket ID No. EPA–HQ–OAR–2007–0211, EPA West Building, 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. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the EPA Docket Center is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: For questions about this final action, contact Ms. Mary Tom Kissell, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, Coatings and Chemicals Group (E143– 01), U.S. Environmental Protection Agency, Research Triangle Park, NC 27711; telephone number: (919) 541– 4516; fax number: (919) 685–3219; and e-mail address: kissell.mary@epa.gov. For specific information regarding the modeling methodology, contact Ms. Elaine Manning, Office of Air Quality Planning and Standards, Health and Environmental Impacts Division, Sector Based Assessment Group (C539–02), U.S. Environmental Protection Agency, Research Triangle Park, NC 27711; telephone number: (919) 541–5499; fax number: (919) 541–0840; and e-mail address: manning.elaine@epa.gov. For information about the applicability of these four national emission standards for hazardous air pollutants (NESHAP) to a particular entity, contact the appropriate person listed in Table 1 to this preamble. E:\FR\FM\16DER1.SGM 16DER1

Agencies

[Federal Register Volume 73, Number 242 (Tuesday, December 16, 2008)]
[Rules and Regulations]
[Pages 76219-76220]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29747]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 50

[EPA-HQ-OAR-2005-0159; FRL-8752-2]
RIN 2060-AP28


The Treatment of Data Influenced by Exceptional Events 
(Exceptional Event Rule): Revised Exceptional Event Data Flagging 
Submittal and Documentation Schedule To Support Initial Area 
Designations for the 2008 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA issued ``The Treatment of Data Influenced by 
Exceptional Events (Exceptional Event Rule): Revised Exceptional Event 
Data Flagging Submittal and Documentation Schedule for Monitoring Data 
Used in Designations for the 2008 Ozone NAAQS'' as a direct final rule 
on October 6, 2008, 73 FR 58042. Because EPA received an adverse 
comment, we are withdrawing the direct final rule amendments to ``The 
Treatment of Data Influenced by Exceptional Events (Exceptional Event 
Rule): Revised Exceptional Event Data Flagging Submittal and 
Documentation Schedule to Support Initial Area Designations for the 
2008 Ozone NAAQS'' published in the Federal Register on October 6, 2008 
(73 FR 58042).

DATES: As of December 16, 2008, EPA withdraws the direct final rule 
amendments published on October 6, 2008 (73 FR 58042).

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2005-0159. All documents in the docket are listed on the 
https://www.regulations.gov Web Site. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through https://www.regulations.gov or in hard copy at 
Air Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744.

FOR FURTHER INFORMATION CONTACT: Thomas E. Link, Air Quality Planning 
Division, Office of Air Quality Planning and Standards, Mail Code C539-
04, Environmental Protection Agency, Research Triangle Park, North 
Carolina 27711; telephone number: 919-541-5456; fax number: 919-541-
0824; e-mail address: link.tom@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    This action affects states and local air quality agencies and may 
also affect Tribal air quality agencies that have implemented air 
quality monitoring networks or have authority to implement air quality 
programs.

II. Background Information

    The EPA issued ``The Treatment of Data Influenced by Exceptional 
Events (Exceptional Event Rule): Revised Exceptional Event Data 
Flagging Submittal and Documentation Schedule

[[Page 76220]]

for Monitoring Data Used in Designations for the 2008 Ozone NAAQS'' as 
a direct final rule on October 6, 2008, 73 FR 58042. The direct final 
rule revises the schedule for the flagging and submission of 
documentation of data impacted by exceptional events that may be used 
for designations under the 2008 ozone National Ambient Air Quality 
Standards (NAAQS). For a detailed description of the ozone NAAQS and 
the Exceptional Events Rule, please see the rulemaking actions which 
are available at EPA's Web sites at https://www.epa.gov/
groundlevelozone/actions.html and https://www.epa.gov/EPA-AIR/2008/
October/Day-06/a23520.htm and also in the Federal Register at 73 FR 
16436 and 73 FR 58042.
    We stated in the direct final rule amendments that if we received 
adverse comment by November 20, 2008, we would publish a timely notice 
of withdrawal in the Federal Register. We received an adverse comment 
on the direct final rule amendments on November 20, 2008. Because EPA 
received adverse comment, we are withdrawing the direct final rule 
amendments to ``The Treatment of Data Influenced by Exceptional Events 
(Exceptional Event Rule): Revised Exceptional Event Data Flagging 
Submittal and Documentation Schedule to Support Initial Area 
Designations for the 2008 Ozone NAAQS'' published in the Federal 
Register on October 6, 2008 (73 FR 58042), as of December 16, 2008. EPA 
will address adverse comments received in a subsequent final action 
based on the parallel proposal also published on October 6, 2008. As 
stated in the parallel proposal, we will not institute a second comment 
period on this action.

List of Subjects in 40 CFR Part 50

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Ozone, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur dioxide, Volatile organic compounds.

    Dated: December 10, 2008.
Robert J. Meyers,
Principal Deputy Assistant Administrator.

PART 50--[AMENDED]

0
Accordingly, the amendments to the rule published in the Federal 
Register on October 6, 2008 (73 FR 58042) on pages 58042-58047 are 
withdrawn as of December 16, 2008.

[FR Doc. E8-29747 Filed 12-15-08; 8:45 am]
BILLING CODE 6560-50-P