[Federal Register: August 29, 2005 (Volume 70, Number 166)]
[Rules and Regulations]
[Page 50988-50995]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au05-14]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[OAR-2003-0090; FRL-7959-2]
[RIN 2060-AN04]
Extension of the Deferred Effective Date for 8-Hour Ozone
National Ambient Air Quality Standards for Early Action Compact Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final Rule.
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SUMMARY: The EPA is finalizing the extension of the deferred effective
date of air quality designations for 14 areas of the country that have
entered into Early Action Compacts. Early Action Compact areas have
agreed to reduce ground[hyphen]level ozone pollution earlier than the
Clean Air Act (CAA) requires. On April 30, 2004, EPA published an
action designating all areas of the country for the 8[hyphen]hour ozone
National Ambient Air Quality Standards
[[Page 50989]]
(NAAQS). In the designation rule, EPA deferred the effective date of
the nonattainment designation for 14 areas that had entered into Early
Action Compacts until September 30, 2005. The EPA is now extending the
deferred effective date of the nonattainment designation for all 14
Early Action Compact areas until December 31, 2006.
DATES: This final rule is effective on September 28, 2005.
ADDRESSES: The EPA has established a docket for this action under
Docket ID no. OAR-2003-0090 (Early Action Compacts). All documents in
the docket are listed in the EDOCKET index at http://www.epa.gov/edocket.
Although listed in the index, some information is not publicly
available, i.e., Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in
EDOCKET or in hard copy at the Docket, EPA/DC, EPA West, Room B102,
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, and the telephone number for the Office of Air and
Radiation Docket is (202) 566-1742. In addition, we have placed a copy
of the rule and a variety of materials relevant to Early Action Compact
areas on EPA's website at http://www.epa.gov/ttn/naaqs/ozone/eac/.
FOR FURTHER INFORMATION CONTACT: Ms. Barbara Driscoll, Office of Air
Quality Planning and Standards, U.S. Environmental Protection Agency,
Mail Code C504-02, Research Triangle Park, NC 27711, phone number (919)
541-1051 or by e[hyphen]mail at: driscoll.barbara@epa.gov or Mr. David
Cole, Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, Mail Code C539-02, Research Triangle Park, NC 27711,
phone number (919) 541-5565 or by e[hyphen]mail at: cole.david@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
The following is an outline of the preamble.
I. What is the Purpose of this Document?
II. What Action has EPA Taken to Date for Early Action Compact Areas?
A. What progress are compact areas making toward completing their
milestones?
B. What is today's final action for compact areas?
C. What is EPA's schedule for taking further action to further defer
the effective date of nonattainment designation for compact areas?
D. What comments did EPA receive on the June 8, 2005 proposal to extend
the deferral of the effective date of the nonattainment designations
for 14 Early Action Compact areas?
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments
G. Executive Order 13045: Protection of Children from Environmental
Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low[hyphen]Income Populations
K. Congressional Review Act
L. Petitions for Judicial Review
I.What is the Purpose of this Document?
The purpose of this document is to finalize the extension of the
deferred effective date of the 8[hyphen]hour ozone nonattainment
designations for 14 participants in Early Action Compacts. The new
effective designation date is December 31, 2006.
II. What Action has EPA Taken to Date for Early Action Compact Areas?
This section discusses EPA's actions to date with respect to
deferring the effective date of nonattainment designations for certain
areas of the country that are participating in the Early Action Compact
program. The EPA's April 30, 2004 air quality designation rule (68 FR
70108) provides a description of the compact approach, the requirements
for areas participating in the program and the impacts of the program
on those areas.
On December 31, 2002, we entered into compacts with 33 communities.
To receive the first deferral, these Early Action Compact areas agreed
to reduce ground[hyphen]level ozone pollution earlier than the CAA
would require. On December 16, 2003 (68 FR 70108), we published a
proposed rule to defer until September 30, 2005, the effective date of
designation for Early Action Compact areas that did not meet the
8[hyphen]hour ozone NAAQS. Fourteen of the 33 compact areas did not
meet the 8[hyphen]hour ozone NAAQS.
The final designation rule published April 30, 2004 (69 FR 23858)
as amended June 18, 2004 (69 FR 34080), included the following actions
for compact areas: deferred the effective date of nonattainment
designation for 14 compact areas until September 30, 2005; detailed the
progress compact areas had made toward completing their milestones;
described the actions required for compact areas in order to remain
eligible for a deferred effective date for a nonattainment designation;
detailed EPA's schedule for taking further action to determine whether
to further defer the effective date of nonattainment designations; and
described the consequences for compact areas that do not meet a
milestone.1
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\1\ Out of 31 active compact areas, 17 were meeting the
8[hyphen]hour ozone NAAQS at the time of designation in April 2004
and were designated attainment with an effective date of June
15,2004. This final rule only addresses the 14 areas that were
designated in the April 2004 rule as nonattainment with a deferred
effective date of September 30, 2005.
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On June 8, 2005 (70 FR 33409), we proposed to extend the deferred
effective date for those same 14 areas from September 30, 2005 to
December 31, 2006, and provided an update on the progress the compact
areas had been making.
A. What progress are compact areas making toward completing their
milestones?
Since the April 2004 designations, two EAC areas that were
designated attainment for the 8[hyphen]hour ozone NAAQS have withdrawn
from the compact process.\2\
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\2\ Haywood and Putnam Counties, TN decided to withdraw from the
compact arrangement.
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In this section, we describe the status of the Early Action Compact
areas' progress toward meeting their milestones. In general, the
remaining 29 compact areas have made progress toward timely completion
of their milestones. A compiled list of local measures is found on
EPA's website for compact areas at: http://www.epa.gov/ttn/naaqs/ozone/eac/.
By December 31, 2004, all States with compacts were required to
submit to EPA State Implementation Plan (SIP) revisions with locally
adopted measures which if
[[Page 50990]]
approved by EPA, are federally enforceable. Notices for each of the
proposed SIP revisions were published in the Federal Register by the
respective EPA Regional Office. For each of the 14 EAC areas with a
deferred nonattainment designation date of September 30, 2005, EPA has
taken final action approving the SIP revisions as meeting the EAC
Protocol and EPA's EAC regulations at 40 CFR 81.300 as indicated in
Table 1.
Table 1. Regional Offices Issuing Federal Register Notices on Early
Action Compact SIP Revisions
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Date SIP Revision
Regional Offices States Signed
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Makeba Morris, Branch Delaware, District of August 9, 2005
Chief, Air Quality Columbia, Maryland,
Planning Branch, EPA Pennsylvania, Virginia,
Region III, 1650 Arch and West Virginia
Street, Philadelphia, PA
19103-2187, (215) 814-
2187
--------------------------
Richard A. Schutt, Chief, Alabama, Florida, August 15, 2005
Regulatory Development Georgia, Kentucky,
Section, EPA Region IV, Mississippi, North
Sam Nunn Atlanta Federal Carolina, South
Center, 61 Forsyth Carolina, and Tennessee
Street, SW, 12th Floor,
Atlanta, GA 30303, (404)
562-9033
--------------------------
Rebecca Weber, Associate Arkansas, Louisiana, New August 12, 2005
Director, Air Programs, Mexico, Oklahoma, and
EPA Region VI, 1445 Ross Texas
Avenue, Dallas, TX
75202, (214) 665-6656
--------------------------
Richard R. Long, Colorado, Montana, North August 2, 2005
Director, Air and Dakota, South Dakota,
Radiation Program, EPA Utah, and Wyoming
Region VIII, 999 18th
Street, Suite 300,
Denver, CO 80202-2466,
(303) 312-6005
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B. What is today's final action for compact areas?
Today, we are extending the deferred effective date of the
nonattainment designation for 14 compact areas. In final rulemaking
actions taken by the EPA regional offices, as indicated in Table 1, we
have concluded that these 14 areas have met all required compact
milestones including the December 31, 2004 submission. Because these
areas have met these milestones, they are eligible for a further
deferral of their nonattainment designation for the 8[hyphen]hour ozone
NAAQS. See 40 CFR 81.300(e)(4)(ii). We are further deferring until
December 31, 2006 the effective date of the 8[hyphen]hour ozone
nonattainment designation for the compact area counties listed in Table
2 and are revising 40 CFR part 81 to reflect this extension.
Table 2. Compact Areas Which Qualify for a Deferred Effective Date of
December 31, 2006
NOTE: Name of designated 8[hyphen]hour ozone nonattainment area is in
parentheses.
------------------------------------------------------------------------
Counties which are
Counties with part of compacts
State Compact Area designation and are designated
(Designated Area) deferred to unclassifiable/
December 31, 2006 attainment
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EPA Region 3
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VA Northern Shenandoah Winchester City
Valley Region Frederick County
(Frederick County,
VA), adjacent to
Washington, DC-MD-
VA
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VA Roanoke Area Roanoke County
(Roanoke, VA) Botetourt County
Roanoke City
Salem City
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MD Washington County Washington County
(Washington County
Hagerstown, MD),
adjacent to
Washington, DC-MD-
VA
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WV The Eastern Pan Berkeley County
Handle Region Jefferson County
(Berkeley &
Jefferson Counties,
WV), Martinsburg
area
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EPA Region 4
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NC Unifour Catawba County
(Hickory-Morganton-L Alexander County
enoir, NC) Burke County
(part)
Caldwell County
(part)
[[Page 50991]]
NC Triad Randolph County Surry County
(Greensboro-Winston- Forsyth County Yadkin County
Salem-High Point, Davie County Stokes County
NC) Alamance County
Caswell County
Davidson County
Guilford County
Rockingham County
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NC Cumberland County Cumberland County
(Fayetteville, NC)
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SC Appalachian - A Spartanburg Cherokee County
(Greenville-Spartanb County Pickens County
urg-Anderson, SC) Greenville Oconee County
County
Anderson County
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SC Central Midlands - I Richland County Newberry County
(Columbia area) (part) Fairfield County
Lexington County
(part)
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TN/GA Chattanooga Hamilton Marion County, TN
(Chattanooga, TN-GA) County,TN Walker County, GA
Meigs County, TN
Catoosa County,
GA
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TN Nashville Davidson County Robertson County
(Nashville, TN) Rutherford County Cheatham County
Williamson County Dickson County
Wilson County
Sumner County
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TN Johnson City- Sullivan Co, TN Washington Co, TN
Kingsport-Bristol Hawkins County, Unicoi County, TN
Area TN Carter County, TN
(TN portion only) Johnson County, TN
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EPA Region 6
------------------------------------------------------------------------
TX San Antonio Bexar County Wilson County
Comal County
Guadalupe County
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EPA Region 8
------------------------------------------------------------------------
CO Denver Denver County
(Denver-Boulder-Gree Boulder County
ley-Ft. Collins- (includes part
Love, CO) of Rocky Mtn
Nat. Park)
Jefferson County
Douglas County
Broomfield
Adams County
Arapahoe County
Larimer County
(part)
Weld County
(part)
------------------------------------------------------------------------
C. What is EPA's schedule for taking further action to further defer
the effective date of nonattainment designation for compact areas?
Following promulgation of this extension, we would propose and as
appropriate, promulgate a further extension of the deferred effective
date until April 15, 2008, for those areas that continue to meet all
compact milestones through December 31, 2006. No later than April 15,
2008, we will determine whether the compact areas that received a
deferred effective date of April 15, 2008 have attained the
8[hyphen]hour ozone NAAQS by December 31, 2007, and have met all
compact milestones. If the area has not attained the standard, the
nonattainment designation will take effect. If the compact area has
attained the standard, EPA will designate the area as attainment. Any
compact area that has not attained the NAAQS and thus has an effective
nonattainment designation will be subject to the full planning
requirements of title I, part D of the CAA, and the area will be
required to submit a revised attainment demonstration SIP within 1 year
of the effective date of designation.
D. What comments did EPA receive on the June 8, 2005 proposal to extend
the deferral of the effective date of the nonattainment designations
for 14 Early Action Compact areas?
We received a number of comments on the proposed rule to extend the
[[Page 50992]]
deferred effective date of the nonattainment designations for 14 Early
Action Compact areas to December 31, 2006. We have responded to the
significant comments in this section. There are additional comments to
which we do not respond in this notice; however, all comments and
responses are included in the docket for this rulemaking (OAR-2003-
0090).
Comment: Several commenters expressed support for the compact
process, the goal of clean air sooner, the incentives and flexibility
the program provides for encouraging early reductions of
ozone[hyphen]forming pollution, and the deferred effective date of
nonattainment designation. However, a number of commenters opposed the
Early Action Compact program. Several of these commenters expressed
concern about various legal aspects of the program, primarily the
deferral of the effective date of the nonattainment designation for
these areas. Although some of these commenters were supportive of the
goal of proactively addressing the public health concerns associated
with ozone pollution, the commenters state that the program is not
authorized by the CAA. All of these commenters indicated that EPA lacks
authority under the CAA to defer the effective date of a nonattainment
designation. In addition, these commenters state that EPA lacks
authority to enter into Early Action Compacts with areas and lacks
authority to allow areas to be relieved of obligations under title I,
part D of the CAA while these areas are violating the 8[hyphen]hour
ozone standard or are designated nonattainment for that standard. One
comment submitted by several groups attached comments that the
commenters had submitted on EPA's December 16, 2003, proposed rule to
defer the nonattainment designation for EAC areas that had met the EAC
milestones.
Response: We have determined that the compact program, as designed,
gives local areas the flexibility to develop their own approach to
meeting the 8[hyphen]hour ozone standard. The participating communities
are serious in their commitment and have made good progress
implementing State and local measures for controlling emissions from
local sources earlier than the CAA would otherwise require. By
involving diverse stakeholders, including representatives from
industry, local and State governments, and local environmental and
citizens groups, a number of these communities are, for the first time,
cooperating on a regional basis to solve environmental problems that
affect the health and welfare of their citizens. People living in these
areas realize reductions in pollution levels sooner and will enjoy the
health benefits of cleaner air sooner than might otherwise occur. With
respect to the commenter who attached comments that were submitted on
EPA's initial proposal to defer the effective date of a nonattainment
designation of EAC areas meeting compact milestones, we refer back to
our response to those comments in the April 2004 designation rule (69
FR 23858).
Comment: One commenter disagreed with.....``EPA's assessment that
the proposed rule does not constitute a ``significant regulatory
action'' (see 70 FR 33412)''..... The commenter.....``believes that
condition 4 of that finding has been met (raise novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in the Executive Order.)''
Response: The Office of Management and Budget which has
responsibility for implementing Executive Order 12866, has determined
that the June 8, 2005 proposed rule (70 FR 33409) is not a significant
regulatory action.
Comment: One commenter also had several very specific comments on
the contents of the South Carolina SIP related to such items as
maintenance and growth tracking, need to show satisfactory progress,
air quality protection and growth review.
Response: A detailed response to these comments is included in the
Response to Comments document for this rulemaking which is in the
docket (OAR-2003-0090).
III. Statutory and Executive Order Reviews
This action finalizes the extension of the deferred effective date
of the nonattainment designation for 14 compact areas until December
30, 2006.
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and, therefore, subject to Office of Management and Budget (OMB) review
and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
This final rule does not require the collection of any information.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an Agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedures Act or any other statute unless the Agency certifies the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's final rule on
small entities, small entity is defined as: (1) a small
[[Page 50993]]
business that is a small industrial entity as defined in the Small
Business Administration's (SBA) regulations at 13 CFR 121.201; (2) a
small governmental jurisdiction that is a government of a city, county,
town, school district or special district with a population of less
than 50,000; and (3) a small organization that is any
not[hyphen]for[hyphen]profit enterprise which is independently owned
and operated and is not dominant in its field.
After considering the economic impacts of today's final rule on
small entities, I certify that this rule will not have a significant
economic impact on a substantial number of small entities. This final
rule will not impose any requirements on small entities. Rather, this
rule would extend the deferred effective date of the nonattainment
designation for areas that implement control measures and achieve
emissions reductions earlier than otherwise required by the CAA in
order to attain the 8[hyphen]hour ozone NAAQS.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost[hyphen]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[hyphen]effective or least burdensome
alternative if the Administrator publishes with the final rule an
explanation why that alternative was not adopted. Before EPA
establishes any regulatory requirements that may significantly or
uniquely affect small governments, including Tribal governments, it
must have developed under section 203 of the UMRA a small government
agency plan. The plan must provide for notifying potentially affected
small governments, enabling officials of affected small governments to
have meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small governments on compliance with
the regulatory requirements.
The EPA has determined that this final rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and Tribal governments, in the aggregate, or the
private sector in any 1 year. In this final rule, EPA is deferring the
effective date of nonattainment designations for certain areas that
have entered into compacts with us. Thus, today's final rulemaking is
not subject to the requirements of sections 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, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. The CAA establishes the scheme
whereby States take the lead in developing plans to meet the NAAQS.
This final rule would not modify the relationship of the States and EPA
for purposes of developing programs to implement the NAAQS. Thus,
Executive Order 13132 does not apply to this proposed rule.
F. Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
``Tribal implications'' as specified in Executive Order 13175. It does
not have a substantial direct effect on one or more Indian Tribes,
since no Tribe has implemented a CAA program to attain the
8[hyphen]hour ozone NAAQS at this time or has participated in a
compact.
G. Executive Order 13045: Protection of Children from Environmental
Health and Safety Risks
Executive Order 13045: ``Protection of Children From Environmental
Health and Safety Risks'' (62 FR 19885, April 23, 1997) applies to any
rule that (1) is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This final rule is not subject
to Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not a subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer Advancement Act
of 1995 (NTTAA), Public Law No. 104-113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by VCS bodies. The NTTAA directs EPA to provide Congress,
[[Page 50994]]
through OMB, explanations when the Agency decides not to use available
and applicable VCS.
This final rule does not involve technical standards. Therefore,
EPA is not considering the use of any VCS.
The EPA will encourage States that have compact areas to consider
the use of such standards, where appropriate, in the development of
their SIPs.
J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low[hyphen]Income Populations
Executive Order 12898 requires that each Federal agency make
achieving environmental justice part of its mission by identifying and
addressing, as appropriate, disproportionate high and adverse human
health or environmental effects of its programs, policies, and
activities on minorities and low[hyphen]income populations.
The EPA believes that this final rule should not raise any
environmental justice issues. The health and environmental risks
associated with ozone were considered in the establishment of the
8[hyphen]hour, 0.08 ppm ozone NAAQS. The level is designed to be
protective with an adequate margin of safety.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective September 28, 2005.
L. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the District of Columbia Circuit by October 28, 2005. Filing a petition
for reconsideration by the Administrator of this final rule does not
affect the finality of this rule for the purposes of judicial review
nor does it extend the time within which a petition for judicial review
must be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See CAA Section 307(b)(2).
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control
Authority: 42 U.S.C. 7408; 42 U.S.C. 7410; 42 U.S.C. 7501-7511f;
42 U.S.C. 7601(a)(1).
Dated: August 16, 2005.
Stephen L. Johnson,
Administrator.
0
40 CFR Part 81 is amended as follows:
PART 81 - [Amended]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart C - Section 107 Attainment Status Designations
0
2. Section 81.300 is amended by revising paragraphs (e)(3)(i) and
(e)(3)(ii)(B) and (C) to read as follows:
Sec. 81.300 Scope.
* * * * *
(e) * * *
(3) * * *
(i) General. Notwithstanding clauses (i) through (iv) of section
107(d)(1)(B) of the Clean Air Act (42 U.S.C. 7407(d)(1)(B)), the
Administrator shall defer until December 31, 2006 the effective date of
a nonattainment designation of any area subject to a compact that does
not meet (or that contributes to ambient air quality in a nearby area
that does not meet) the 8[hyphen]hour ozone national ambient air
quality standard if the Administrator determines that the area subject
to a compact has met the requirements in paragraphs (e)(2)(i) through
(iii) of this section.
(ii) * * *
(B) Prior to expiration of the deferred effective date on December 31,
2006, if the Administrator determines that an area or the State subject
to a compact has not met either requirement in paragraphs (e)(2)(iv)
and (v) of this section, the nonattainment designation shall become
effective as of the deferred effective date, unless EPA takes
affirmative rulemaking action to further extend the deadline.
(C) If the Administrator determines that an area subject to a compact
and/or State has not met any requirement in paragraphs (e)(2)(iv)
through (vi) of this section, the nonattainment designation shall
become effective as of the deferred effective date, unless EPA takes
affirmative rulemaking action to further extend the deadline.
* * * * *
0
3. In Sec. 81.306, the table entitled ``Colorado-Ozone (8[hyphen]Hour
Standard)'' is amended by revising footnote 2 to read as follows:
Sec. 81.306 Colorado.
* * * * *
Colorado Ozone (8[hyphen]Hour Standard)
* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December
31, 2006.
* * * * *
0
4. In Sec. 81.311, the table entitled ``Georgia-Ozone (8[hyphen]Hour
Standard)'' is amended by revising footnote 2 to read as follows:
Sec. 81.311 Georgia.
* * * * *
Georgia Ozone (8[hyphen]Hour Standard)
* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December
31, 2006.
* * * * *
0
5. In Sec. 81.321, the table entitled ``Maryland-Ozone (8[hyphen]Hour
Standard)'' is amended by revising footnote 2 to read as follows:
Sec. 81.321 Maryland.
* * * * *
Maryland Ozone (8[hyphen]Hour Standard)
* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December
31, 2006.
* * * * *
0
6. In Sec. 81.334, the table entitled ``North Carolina-Ozone
(8[hyphen]Hour Standard)'' is amended by revising footnote 2 to read as
follows:
Sec. 81.334 North Carolina.
* * * * *
North Carolina Ozone (8[hyphen]Hour Standard)
* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December
31, 2006.
* * * * *
0
7. In Sec. 81.341, the table entitled ``South Carolina-Ozone
(8[hyphen]Hour Standard)'' is amended by revising footnote 2 to read as
follows:
Sec. 81.341 South Carolina.
* * * * *
[[Page 50995]]
South Carolina Ozone (8[hyphen]Hour Standard)
* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December
31, 2006.
* * * * *
0
8. In Sec. 81.343, the table entitled ``Tennessee-Ozone (8[hyphen]Hour
Standard)'' is amended by revising footnote 2 to read as follows:
Sec. 81.343 Tennessee.
* * * * *
Tennessee Ozone (8[hyphen]Hour Standard)
* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December
31, 2006.
* * * * *
0
9. In Sec. 81.344, the table entitled ``Texas-Ozone (8[hyphen]Hour
Standard)'' is amended by revising footnote 2 to read as follows:
Sec. 81.344 Texas.
* * * * *
Texas Ozone (8[hyphen]Hour Standard)
* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December
31, 2006.
* * * * *
0
10. In Sec. 81.347, the table entitled ``Virginia-Ozone (8[hyphen]Hour
Standard)'' is amended by revising footnote 2 to read as follows:
Sec. 81.347 Virginia.
* * * * *
Virginia Ozone (8[hyphen]Hour Standard)
* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December
31, 2006.
* * * * *
0
11. In Sec. 81.349, the table entitled ``West Virginia-Ozone
(8[hyphen]Hour Standard)'' is amended by revising footnote 2 to read as
follows:
Sec. 81.349 West Virgina.
* * * * *
West Virginia Ozone (8[hyphen]Hour Standard)
* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December
31, 2006.
* * * * *
[FR Doc. 05-17038 Filed 8-26-05; 8:45 am]
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