Technical Correction to the National Ambient Air Quality Standards for Particulate Matter, 14325-14327 [2017-05474]
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Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Rules and Regulations
of any of those regulations, EPA will
take appropriate actions to conduct such
a review, including, but not limited to,
issuing a document in the Federal
Register addressing any further delay of
the effective date of such regulation. If
Agency officials decide not to conduct
a substantive review of a regulation
listed in the table below, it will become
effective on May 22, 2017.
The Agency’s implementation of this
action without opportunity for public
comment is based on the good cause
exception in 5 U.S.C. 553(b)(B). (The
good cause exception is also referenced
in section 307(d) of the Clean Air Act
(CAA).) The Agency has determined
that seeking public comment is
impracticable, unnecessary and contrary
to the public interest. The further
temporary delay in effective date until
May 22, 2017, is necessary to give
Agency officials the opportunity to
decide whether they would like to
conduct a substantive review of the five
regulations, consistent with the January
20 Memo. The intent of the January 20
Memo was to delay the effective dates
of rules that had recently been
promulgated to give the new
Administration time to review them.
When that delay was implemented
through the January 26 Document, the
EPA believed 60 days would be
sufficient time for incoming Agency
officials to review rules recently
promulgated by the EPA. However,
given the length of the confirmation
process for the EPA Administrator and
the fact that the Agency lacks Senateconfirmed officials elsewhere, the new
Administration has not had the time
contemplated by the January 20 Memo
for this review. Thus, the EPA is
deferring the effective date for the five
regulations listed in the table below for
another 62 days to allow Agency
officials to conduct this review. Given
Title
82 FR 2760 .............................
Addition of a Subsurface Intrusion Component to the Hazard Ranking System.
Formaldehyde Emission Standards for Composite Wood
Products.
Revisions to the Guideline on Air Quality Models: Enhancements to the AERMOD Dispersion Modeling System and
Incorporation of Approaches to Address Ozone and Fine
Particulate Matter.
Pesticides; Certification of Pesticide Applicators ...................
Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Action Orders, and the Revocation/
Termination or Suspension of Permits; Procedures for
Decisionmaking.
81 FR 89674 ...........................
82 FR 5182 .............................
82 FR 952 ...............................
82 FR 2230 .............................
For the foregoing reasons, the EPA
relies on the good cause exceptions in
5 U.S.C. 553(b)(B) and 553(d)(3) to make
today’s action effective on March 21,
2017.
Dated: March 14, 2017.
E. Scott Pruitt,
Administrator.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 50
[EPA–HQ–OAR–2016–0408; FRL–9958–29–
OAR]
RIN 2060–AS89
[FR Doc. 2017–05462 Filed 3–17–17; 8:45 am]
BILLING CODE 6560–50–P
Technical Correction to the National
Ambient Air Quality Standards for
Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
make a technical correction to equation
2 in appendix N to part 50, section
4.4(b) of the National Ambient Air
Quality Standards (NAAQS) for
Particulate Matter. Equation 2 in
appendix N describes an intermediate
step in the calculation of the design
value for the annual PM2.5 (particles
nlaroche on DSK30NT082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:08 Mar 17, 2017
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Fmt 4700
the imminence of the effective date,
seeking prior public comment on this
further temporary delay would be
impractical, as well as contrary to the
public interest in the orderly
promulgation and implementation of
regulations. Specifically, the Agency has
been faced with circumstances beyond
its control; as was the case on January
26, it is difficult to predict when the
appropriate officials might assume their
responsibilities. Indeed, as noted above,
even today the EPA has only one
Senate-confirmed official in place.
Furthermore, allowing these regulations
to go into effect without first deciding
whether to undertake a substantive
review may create public confusion. In
addition, to the extent this extension is
a procedural rule, it is exempt from
notice and comment under 5 U.S.C.
553(b)(A), which is also referenced in
CAA section 307(d).
Publication
date
Federal Register citation
Sfmt 4700
14325
Original
effective date
New effective
date
1/9/17
2/8/2017
5/22/2017
12/12/16
2/10/2017
5/22/2017
1/17/17
2/16/2017
5/22/2017
1/4/17
1/9/17
3/6/2017
3/10/2017
5/22/2017
5/22/2017
with an aerodynamic diameter less than
or equal to a nominal 2.5 micrometers)
NAAQS. This action corrects Equation 2
to properly account for cases where a
site has quarters without daily values
and passes the minimum quarterly
value data substitution test. This change
accurately reflects the intended
calculation of the annual PM2.5 design
value and is consistent with the text of
section 4.1 in appendix N to part 50.
This final rule is effective on
May 19, 2017.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2016–0408. 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
ADDRESSES:
E:\FR\FM\20MRR1.SGM
20MRR1
14326
Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Rules and Regulations
publicly available only in hard copy
form. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Brett Gantt, Office of Air Quality
Planning and Standards, Air Quality
Assessment Division, Air Quality
Analysis Group (Mail Code: C304–04),
Environmental Protection Agency, 109
T.W. Alexander Drive, Research
Triangle Park, NC 27711; telephone
number: (919) 541–5274; email address:
gantt.brett@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. Background
B. What action is the Agency taking?
C. Does this action apply to me?
II. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(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
Risks and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
I. General Information
nlaroche on DSK30NT082PROD with RULES
A. Background
On December 14, 2012, the EPA
revised the NAAQS for Particulate
Matter (78 FR 3086). As part of that
action, the EPA also made
corresponding revisions in appendix N
to 40 CFR part 50, which describes the
data handling conventions and
computations necessary for determining
when the NAAQS for PM2.5 are met.
Section 4.4 of appendix N describes the
annual PM2.5 design value calculations,
with equations 1, 2, and 3 used to
calculate the quarterly, annual, and 3year average concentrations. Equation 2
erroneously describes the annual mean
as the average of the four quarterly
values despite the availability of a
minimum quarterly value data
substitution test that is applicable to
VerDate Sep<11>2014
15:08 Mar 17, 2017
Jkt 241001
cases with quarters that do not have any
daily values.
The minimum quarterly value data
substitution test described in section
4.1(c)(i) allows for a valid annual PM2.5
design value to be calculated when a
test design value is greater than the level
of the standard. This test design value
is calculated by substituting quarterspecific minimum values for quarters
not meeting data completeness
requirements. If the minimum quarterly
value data substitution test is passed,
the annual PM2.5 design value is
calculated from annual means of the
quarters with at least one daily value,
which can range in number from one to
four quarters for a specific year.
As currently written, Equation 2 is not
appropriate for use in cases where the
data completeness requirements of
section 4.1(b) of appendix N have not
been met, and where the minimum
quarterly value data substitution test has
been used in lieu of meeting those
requirements for quarters without any
daily values. Specifically, Equation 2
assumes there are four quarters with
data and does not accurately reflect the
intended calculation of the annual mean
PM2.5 concentration using only quarters
with at least one daily value.
On August 11, 2016, the EPA issued
a direct final action (81 FR 53006), along
with a parallel proposal (81 FR 53097),
to correct Equation 2. We received an
adverse comment to the direct final rule
suggesting a change in the definition of
one of the parameters in the updated
equation. Specifically, the commenter
suggested that the variable nQ,y, which
represents the number of quarters used
in the calculation of the annual mean,
be changed from defining Q as a
complete quarter to a quarter containing
at least one valid 24-hour value. On
September 29, 2016, we withdrew the
direct final action and indicated our
intent to address the comment in a final
action based on the parallel proposal.
We agree with the commenter and are
incorporating the suggested definition
in this final action.
B. What action is the Agency taking?
This action generalizes Equation 2 to
account for cases where a site has
quarters without daily values, but
passes the minimum quarterly value
data substitution test. This technical
correction to Equation 2 is currently
used by the EPA in the calculation of
the annual PM2.5 design value, is
consistent with the text of section 4.1
within appendix N to part 50, and does
not affect the EPA’s calculation of
annual mean PM2.5 concentrations when
four complete quarters of data are
available. The annual PM2.5 design
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
values calculated by the EPA and
available at https://www.epa.gov/airtrends/air-quality-design-values are,
therefore, not affected by this revision.
C. Does this action apply to me?
This action applies to you if you are
calculating the annual PM2.5 design
value for a site which has quarters
without daily values for a specific year
and passes the minimum quarterly
value data substitution test. If you have
questions regarding the applicability of
this action to a particular entity, consult
the person listed in the FOR FURTHER
INFORMATION CONTACT section.
II. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was, therefore, not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA. This action clarifies the
calculation of the annual PM2.5 NAAQS
design values and does not impose
additional regulatory requirements on
organizations monitoring air quality.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities. This action corrects the
calculation of annual mean PM2.5
concentrations and does not impose
additional regulatory requirements on
sources.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C.
1531–1538, and does not significantly or
uniquely affect small governments. This
action imposes no enforceable duty on
any state, local or tribal governments, or
the private sector.
E. Executive Order 13132: Federalism
This action 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.
E:\FR\FM\20MRR1.SGM
20MRR1
Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Rules and Regulations
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act
This rulemaking does not involve
technical standards.
nlaroche on DSK30NT082PROD with RULES
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that this action is
not subject to Executive Order 12898 (59
FR 7629, February 16, 1994) because it
does not establish an environmental
health or safety standard. This
regulatory action is a technical
correction to a previously promulgated
regulatory action and does not have any
impact on human health or the
environment.
K. Congressional Review Act
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 50
Air pollution control, Carbon
monoxide, Lead, Nitrogen dioxide,
Ozone, Particulate matter, Sulfur oxides.
VerDate Sep<11>2014
15:08 Mar 17, 2017
Jkt 241001
Dated: March 14, 2017.
E. Scott Pruitt,
Administrator.
For the reasons stated in the
preamble, title 40, chapter I of the Code
of Federal Regulations is amended as
follows:
PART 50—NATIONAL PRIMARY AND
SECONDARY AMBIENT AIR QUALITY
STANDARDS
1. The authority citation for part 50
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In appendix N to part 50, in section
4.4, paragraph (b), Equation 2 is revised
to read as follows:
■
Appendix N to Part 50—Interpretation
of the National Ambient Air Quality
Standards for PM2.5
*
*
4.4
*
*
*
*
Equations for the Annual PM2.5 NAAQS
*
*
*
*
determined that these changes satisfy all
requirements needed to qualify for final
authorization, and is authorizing the
State’s changes through this direct final
rule. In the ‘‘Proposed Rules’’ section of
today’s Federal Register, EPA is also
publishing a separate document that
serves as the proposal to authorize these
changes. EPA believes this action is not
controversial and does not expect
comments that oppose it. Unless EPA
receives written comments that oppose
this authorization during the comment
period, the decision to authorize
Alabama’s changes to its hazardous
waste program will take effect. If EPA
receives comments that oppose this
action, EPA will publish a document in
the Federal Register withdrawing
today’s direct final rule before it takes
effect, and the separate document
published in today’s ‘‘Proposed Rules’’
section of this Federal Register will
serve as the proposal to authorize the
changes.
This final authorization will
become effective on May 19, 2017
unless EPA receives adverse written
comment by April 19, 2017. If EPA
receives such comment, EPA will
publish a timely withdrawal of this
direct final rule in the Federal Register
and inform the public that this
authorization will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
Where:
RCRA–2016–0497, by one of the
Xy = the annual mean concentration for year
following methods:
y (y = 1, 2, or 3);
nQ,y = the number of quarters Q in year y with
• Federal eRulemaking Portal:
at least one daily value; and
www.regulations.gov. Follow the on-line
Xq,y = the mean for quarter q of year y (result
instructions for submitting comments.
of equation 1).
• Email: baker.audrey@epa.gov.
*
*
*
*
*
• Fax: (404) 562–9964 (prior to
[FR Doc. 2017–05474 Filed 3–17–17; 8:45 am]
faxing, please notify the EPA contact
BILLING CODE 6560–50–P
listed below).
• Mail: Send written comments to
Audrey Baker, RCRA Programs and
ENVIRONMENTAL PROTECTION
Materials Management Section,
AGENCY
Materials and Waste Management
Branch, Resource Conservation and
40 CFR Part 271
Restoration Division, U.S.
[EPA–R04–RCRA–2016–0497; FRL–9959–
Environmental Protection Agency,
14–Region 4]
Atlanta Federal Center, 61 Forsyth
Street SW., Atlanta, Georgia 30303–
Alabama: Final Authorization of State
8960.
Hazardous Waste Management
• Hand Delivery or Courier: Deliver
Program Revisions
your comments to Audrey Baker, RCRA
Programs and Materials Management
AGENCY: Environmental Protection
Section, Materials and Waste
Agency (EPA).
Management Branch, Resource
ACTION: Direct final rule.
Conservation and Restoration Division,
U.S. Environmental Protection Agency,
SUMMARY: Alabama has applied to the
United States Environmental Protection Atlanta Federal Center, 61 Forsyth
Street SW., Atlanta, Georgia 30303–
Agency (EPA) for final authorization of
changes to its hazardous waste program 8960. Such deliveries are only accepted
during the Regional Office’s normal
under the Resource Conservation and
hours of operation, and special
Recovery Act (RCRA). EPA has
(b) * * *
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Fmt 4700
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DATES:
E:\FR\FM\20MRR1.SGM
20MRR1
ER20MR17.000</GPH>
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175. This regulatory action
corrects the calculation of annual mean
PM2.5 concentrations and imposes no
requirements on tribal governments.
Thus, Executive Order 13175 does not
apply to this action.
14327
]]>Agencies
[Federal Register Volume 82, Number 52 (Monday, March 20, 2017)]
[Rules and Regulations]
[Pages 14325-14327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05474]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 50
[EPA-HQ-OAR-2016-0408; FRL-9958-29-OAR]
RIN 2060-AS89
Technical Correction to the National Ambient Air Quality
Standards for Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to make a technical correction to equation 2 in appendix N to
part 50, section 4.4(b) of the National Ambient Air Quality Standards
(NAAQS) for Particulate Matter. Equation 2 in appendix N describes an
intermediate step in the calculation of the design value for the annual
PM2.5 (particles with an aerodynamic diameter less than or
equal to a nominal 2.5 micrometers) NAAQS. This action corrects
Equation 2 to properly account for cases where a site has quarters
without daily values and passes the minimum quarterly value data
substitution test. This change accurately reflects the intended
calculation of the annual PM2.5 design value and is
consistent with the text of section 4.1 in appendix N to part 50.
DATES: This final rule is effective on May 19, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2016-0408. 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
[[Page 14326]]
publicly available only in hard copy form. Publicly available docket
materials are available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Brett Gantt, Office of Air Quality
Planning and Standards, Air Quality Assessment Division, Air Quality
Analysis Group (Mail Code: C304-04), Environmental Protection Agency,
109 T.W. Alexander Drive, Research Triangle Park, NC 27711; telephone
number: (919) 541-5274; email address: gantt.brett@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. Background
B. What action is the Agency taking?
C. Does this action apply to me?
II. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (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 Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
I. General Information
A. Background
On December 14, 2012, the EPA revised the NAAQS for Particulate
Matter (78 FR 3086). As part of that action, the EPA also made
corresponding revisions in appendix N to 40 CFR part 50, which
describes the data handling conventions and computations necessary for
determining when the NAAQS for PM2.5 are met. Section 4.4 of
appendix N describes the annual PM2.5 design value
calculations, with equations 1, 2, and 3 used to calculate the
quarterly, annual, and 3-year average concentrations. Equation 2
erroneously describes the annual mean as the average of the four
quarterly values despite the availability of a minimum quarterly value
data substitution test that is applicable to cases with quarters that
do not have any daily values.
The minimum quarterly value data substitution test described in
section 4.1(c)(i) allows for a valid annual PM2.5 design
value to be calculated when a test design value is greater than the
level of the standard. This test design value is calculated by
substituting quarter-specific minimum values for quarters not meeting
data completeness requirements. If the minimum quarterly value data
substitution test is passed, the annual PM2.5 design value
is calculated from annual means of the quarters with at least one daily
value, which can range in number from one to four quarters for a
specific year.
As currently written, Equation 2 is not appropriate for use in
cases where the data completeness requirements of section 4.1(b) of
appendix N have not been met, and where the minimum quarterly value
data substitution test has been used in lieu of meeting those
requirements for quarters without any daily values. Specifically,
Equation 2 assumes there are four quarters with data and does not
accurately reflect the intended calculation of the annual mean
PM2.5 concentration using only quarters with at least one
daily value.
On August 11, 2016, the EPA issued a direct final action (81 FR
53006), along with a parallel proposal (81 FR 53097), to correct
Equation 2. We received an adverse comment to the direct final rule
suggesting a change in the definition of one of the parameters in the
updated equation. Specifically, the commenter suggested that the
variable nQ,y, which represents the number of quarters used
in the calculation of the annual mean, be changed from defining Q as a
complete quarter to a quarter containing at least one valid 24-hour
value. On September 29, 2016, we withdrew the direct final action and
indicated our intent to address the comment in a final action based on
the parallel proposal. We agree with the commenter and are
incorporating the suggested definition in this final action.
B. What action is the Agency taking?
This action generalizes Equation 2 to account for cases where a
site has quarters without daily values, but passes the minimum
quarterly value data substitution test. This technical correction to
Equation 2 is currently used by the EPA in the calculation of the
annual PM2.5 design value, is consistent with the text of
section 4.1 within appendix N to part 50, and does not affect the EPA's
calculation of annual mean PM2.5 concentrations when four
complete quarters of data are available. The annual PM2.5
design values calculated by the EPA and available at https://www.epa.gov/air-trends/air-quality-design-values are, therefore, not
affected by this revision.
C. Does this action apply to me?
This action applies to you if you are calculating the annual
PM2.5 design value for a site which has quarters without
daily values for a specific year and passes the minimum quarterly value
data substitution test. If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed in the FOR FURTHER INFORMATION CONTACT section.
II. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. This action clarifies the calculation of the annual
PM2.5 NAAQS design values and does not impose additional
regulatory requirements on organizations monitoring air quality.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This action
corrects the calculation of annual mean PM2.5 concentrations
and does not impose additional regulatory requirements on sources.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate of $100 million
or more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. This action imposes
no enforceable duty on any state, local or tribal governments, or the
private sector.
E. Executive Order 13132: Federalism
This action 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.
[[Page 14327]]
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175. This regulatory action corrects the calculation
of annual mean PM2.5 concentrations and imposes no
requirements on tribal governments. Thus, Executive Order 13175 does
not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994) because it does not establish an
environmental health or safety standard. This regulatory action is a
technical correction to a previously promulgated regulatory action and
does not have any impact on human health or the environment.
K. Congressional Review Act
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 50
Air pollution control, Carbon monoxide, Lead, Nitrogen dioxide,
Ozone, Particulate matter, Sulfur oxides.
Dated: March 14, 2017.
E. Scott Pruitt,
Administrator.
For the reasons stated in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 50--NATIONAL PRIMARY AND SECONDARY AMBIENT AIR QUALITY
STANDARDS
0
1. The authority citation for part 50 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In appendix N to part 50, in section 4.4, paragraph (b), Equation 2
is revised to read as follows:
Appendix N to Part 50--Interpretation of the National Ambient Air
Quality Standards for PM2.5
* * * * *
4.4 Equations for the Annual PM2.5 NAAQS
* * * * *
(b) * * *
[GRAPHIC] [TIFF OMITTED] TR20MR17.000
Where:
Xy = the annual mean concentration for year y (y = 1, 2, or 3);
nQ,y = the number of quarters Q in year y with at least one daily
value; and
Xq,y = the mean for quarter q of year y (result of equation 1).
* * * * *
[FR Doc. 2017-05474 Filed 3-17-17; 8:45 am]
BILLING CODE 6560-50-P
