[Federal Register: August 9, 2006 (Volume 71, Number 153)]
[Proposed Rules]
[Page 45492-45497]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au06-47]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-HQ-OAR-2003-0090; FRL-8206-7]
Final 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: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing a final extension of the deferred
effective date of air quality designations for certain areas of the
country that have entered into Early Action Compacts. Early Action
Compact areas have agreed to reduce ground-level ozone pollution
earlier than the Clean Air Act (CAA) requires. On April 30, 2004, EPA
published a notice designating all areas of the country for the 8-hour
ozone National Ambient Air Quality Standards (NAAQS). In the
designation rule, EPA deferred the effective date of the nonattainment
designation for 14 areas that had entered into Early Action Compacts.
The current effective date of the nonattainment designation for these
areas is December 31, 2006. The EPA is now proposing to extend the
deferral of the effective date for all 14 Early Action compact areas
until April 15, 2008.
DATES: Comments must be received on or before September 8, 2006.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0090, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: A-and-R-Docket@epa.gov, Attention Docket ID No.
EPA-HQ-OAR-2003-0090.
Fax: Fax your comments to (202) 566-1741, Attention Docket
ID. No. EPA-HQ-OAR-2003-0090.
Mail: Docket EPA-HQ-OAR-2003-0090, Environmental
Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Avenue,
Northwest, Washington, DC 20460. Please include two copies.
Hand Delivery: Deliver your comments to: Air Docket,
Environmental Protection Agency, 1301
[[Page 45493]]
Constitution Avenue, NW., Room B102, Washington, DC 20004, Attention
Docket ID No. EPA-HQ-OAR-2003-0090. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0090. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov
or e-mail. The http://www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
http://www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For further information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the EPA Docket Center, EPA/
DC, EPA West, Room B102, 1301 Constitution Avenue, NW., Washington, DC.
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. A reasonable fee may be
charged for copying. The telephone number for the Public Reading Room
is (202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742.
Note: The EPA Docket Center suffered damage due to flooding
during the last week of June 2006. The Docket Center is continuing
to operate. However, during the cleanup, there will be temporary
changes to Docket Center telephone numbers, addresses, and hours of
operation for people who wish to make hand deliveries or visit the
Public Reading Room to view documents. Consult EPA's Federal
Register notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at
http://www.epa.gov/epahome/dockets.htm for current information on
docket operations, locations and telephone numbers. The Docket
Center's mailing address for U.S. mail and the procedure for
submitting comments to http://www.regulations.gov are not affected by the
flooding and will remain the same.
FOR FURTHER INFORMATION CONTACT: Ms. Barbara Driscoll, U.S.
Environmental Protection Agency, Office of Air Quality Planning and
Standards, Mail Code C539-04, Research Triangle Park, NC 27711, phone
number (919) 541-1051 or by e-mail at: driscoll.barbara@epa.gov or Mr.
David Cole, Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Mail Code C304-05, Research Triangle
Park, NC 27711, phone number (919) 541-5565 or by e-mail at:
cole.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
This action applies only to the 14 areas that entered into Early
Action compacts and for which the effective date of the nonattainment
designation was deferred. A list of these areas is included in Table 1
below.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part of all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that include information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
C. Where Should I Send an Additional Copy of My Comments?
In addition, please send a copy of your comments to: Barbara
Driscoll, U.S. Environmental Protection Agency, Office of Air Quality
Planning and Standards by one of the means listed:
E-mail: driscoll.barbara@epa.gov.
Fax: (919) 541-5489, Attention: Barbara Driscoll.
Mail: Barbara Driscoll, U.S. Environmental Protection
Agency, Office of Air Quality Planning and Standards, Mail Code: C539-
04, Research Triangle Park, NC 27711.
Hand Delivery: Barbara Driscoll, U.S. Environmental
Protection Agency, Office of Air Quality Planning and Standards, Room:
C541C, 109 T.W. Alexander Drive, Research Triangle Park, NC 27709.
The information presented in this preamble is organized as follows.
Outline
The following is an outline of the preamble.
I. General Information
A. Does this Action Apply to Me?
B. What Should I Consider as I Prepare My Comments for EPA?
C. Where Should I Send an Additional Copy of My Comments?
II. What is the Purpose of this Document?
III. What Action has EPA Taken to Date for Early Action Compact
Areas?
[[Page 45494]]
A. What progress are compact areas making toward completing
their milestones?
B. What is this proposed action for compact areas?
C. What is EPA's schedule for taking further action to continue
to defer the effective date of nonattainment designation for compact
areas?
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045: Protection of Children from
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
II. What Is the Purpose of This Document?
The purpose of this document is to propose to extend the deferral
of the effective date of the 8-hour ozone nonattainment designations
for 14 participants in Early Action Compacts. Currently, the effective
designation date is December 31, 2006, and this proposal would extend
that date to April 15, 2008.
III. What Action Has EPA Taken to Date for Early Action Compact Areas?
This section discusses EPA's actions to date with respect to
certain areas of the country that are participating in the Early Action
Compact program. 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-level ozone pollution earlier than the
CAA would require. The final designation rule published April 30, 2004,
(69 FR 23864), 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 final action
required for compact areas; detailed EPA's schedule for taking further
action to extend the deferral of the effective date of nonattainment
designations, if appropriate; and described the consequences for
compact areas that do not meet a milestone. In the April 2004, action,
we also discussed three compact areas which did not meet the March 31,
2004, milestone; Knoxville, Memphis, and Chattanooga, Tennessee.
Knoxville and Memphis were designated nonattainment effective June 15,
2004. Chattanooga was later determined to have met the March 31, 2004,
milestone, and we deferred the designation date until September 30,
2005,(69 FR 34080). This brought the number of participating compact
areas to 31. Since then 2 additional areas, Haywood and Putnam
Counties, Tennessee have withdrawn from the program.
On August 29, 2005, we published a final rule extending the
deferred effective date of designation from September 30, 2005, to
December 31, 2006, for the same 14 compact areas. In order to receive
the second deferral, Early Action Compact areas needed to submit a
State Implementation Plan with locally adopted measures by December 31,
2004. The EPA approved the SIP revisions as meeting the EAC Protocol
and EPA's EAC regulations at 40 CFR 81.300, and these approvals were
the basis for extending the deferred effective date until December 31,
2006. Information on local measures, SIP submittals and background on
the Early Action Compact program may be found on EPA's Web site at
http://www.epa.gov/ttn/naaqs/ozone/eac/.
A. What progress are compact areas making toward completing their
milestones?
In general, the remaining 29 compact areas have made satisfactory
progress toward timely completion of their milestones. All compact
areas were required to submit two progress reports, one by December 30,
2005, and the other by June 30, 2006. In these progress reports, the
States provided information on progress towards implementing local
control measures that were incorporated in their SIPs. Each of the EAC
areas submitted these reports, and after review by EPA, all were
determined to be in compliance with the requirements of the EAC
Protocol and the individual State Implementation Plans. Progress
reports for each area are posted at http://www.epa.gov/ttn/naaqs/ozone/eac/
.
The EAC areas have one remaining milestone which is to demonstrate
attainment with the 8-hour ozone NAAQS by December 31, 2007.
B. What is this proposed action for compact areas?
Today, we are proposing to extend the deferred effective date of
the nonattainment designation for the 14 compact areas. These 14 areas
have met all compact milestones through the June 30, 2006, submission.
We are proposing to extend until April 15, 2008, the deferral of the
effective date of the 8-hour ozone nonattainment designation for the
compact area counties listed in Table 1. If this extension is
finalized, we will revise 40 CFR part 81 in the final rule to reflect
this extension.
Table 1.--Compact Areas Which Qualify for a Deferred Effective Date of April 15, 2008
[Name of designated 8-hour ozone nonattainment area is in parentheses]
----------------------------------------------------------------------------------------------------------------
Counties with Counties which are part of
State Compact area designation deferred to compacts and are designated
(Designated area) April 15, 2008 unclassifiable/ attainment
----------------------------------------------------------------------------------------------------------------
EPA--Region 3
----------------------------------------------------------------------------------------------------------------
VA.............................. Northern Shenandoah Winchester City,
Valley Region, Frederick County.
(Frederick County, VA),
adjacent to Washington,
DC-MD-VA.
VA.............................. Roanoke Area, (Roanoke, Roanoke County,
VA). Botetourt County,
Roanoke City, Salem
City.
MD.............................. Washington County, Washington County......
(Washington County
(Hagerstown, MD),
adjacent to Washington,
DC-MD-VA.
[[Page 45495]]
WV.............................. The Eastern Pan Handle Berkeley County,
Region, (Berkeley & Jefferson County.
Jefferson Counties,
WV), Martinsburg area.
----------------------------------------------------------------------------------------------------------------
EPA--Region 4
----------------------------------------------------------------------------------------------------------------
NC.............................. Unifour (Hickory- Catawba County,
Morganton-Lenoir, NC). Alexander County,
Burke County (part),
Caldwell County (part).
NC.............................. Triad, (Greensboro- Randolph County, Surry County, Yadkin
Winston-Salem-High Forsyth County, Davie County, Stokes County.
Point, NC). County, Alamance
County, Caswell
County, Davidson
County, Guilford
County, Rockingham
County.
NC.............................. Cumberland County, Cumberland County......
(Fayetteville, NC).
SC.............................. Appalachian--A, Spartanburg County, Cherokee County, Pickens
(Greenville-Spartanburg- Greenville County, County, Oconee County.
Anderson, SC). Anderson County.
SC.............................. Central Midlands--I, Richland County (part), Newberry County, Fairfield
Columbia area. Lexington County County.
(part).
TN/GA........................... Chattanooga, Hamilton County, TN, Marion County, TN, Walker
(Chattanooga, TN-GA). Meigs County, TN, County, GA.
Catoosa County, GA.
TN.............................. Nashville, (Nashville, Davidson County, Robertson County, Cheatham
TN). Rutherford County, County, Dickson County.
Williamson County,
Wilson County, Sumner
County.
TN.............................. Johnson City-Kingsport- Sullivan Co, TN, Washington Co, TN, Unicoi
Bristol Area, (TN Hawkins County, TN. County, TN, Carter County,
portion only). TN, Johnson County, TN.
----------------------------------------------------------------------------------------------------------------
EPA--Region 6
----------------------------------------------------------------------------------------------------------------
TX.............................. San Antonio............. Bexar County, Comal Wilson County.
County, Guadalupe
County.
----------------------------------------------------------------------------------------------------------------
EPA--Region 8
----------------------------------------------------------------------------------------------------------------
CO.............................. Denver, (Denver-Boulder- Denver County, Boulder
Greeley-Ft. Collins- County, (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 continue to
defer the effective date of nonattainment designation for compact
areas?
With this action, we are proposing to extend the deferred effective
date of the nonattainment designation for compact areas which have met
their obligations through April 15, 2008. No later than December 31,
2007, each area must attain the 8-hour ozone NAAQS. If the area has
attained the standard by December 31, 2007, EPA will withdraw the
deferred nonattainment designation and designate the area as
attainment. If the area fails to attain by this date, the nonattainment
designation will become effective on April 15, 2008. For any area for
which the nonattainment designation becomes effective, pursuant to the
terms of the compact, the State must submit a revised attainment
demonstration SIP for the nonattainment area by December 31, 2008.
IV. Statutory and Executive Order Reviews
This action proposes to extend the deferral of the effective date
of the nonattainment designation for 14 compact areas until April 15,
2008.
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the EO.
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 proposal 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
[[Page 45496]]
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 proposed rule on
small entities, small entity is defined as:
1. A small business that is a small industrial entity as defined in
the Small Business Administration's (SBA) regulations at 13 CFR
121.201;
2. A small governmental jurisdiction that is a government of a
city, county, town, school district or special district with a
population of less than 50,000; and
3. A small organization that is any not-for-profit enterprise which
is independently owned and operated and is not dominant in its field.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this rule will not have a significant
economic impact on a substantial number of small entities. This
proposed rule will not impose any requirements on small entities.
Rather, this rule would extend the deferral of the 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-hour ozone NAAQS. We continue to be
interested in the potential impacts of the proposed rule on small
entities and welcome comments on issues related to such impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
Today's rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector. The EPA has determined that this
rule contains no regulatory requirements that might significantly or
uniquely affect small governments. Today's rule defers to a later date
requirements associated with nonattainment area status for areas that
have voluntarily entered into Early Action Compacts with EPA. The rule
imposes no enforceable duty on any State, local or tribal governments
or the private sector. Thus, today's proposed rule 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 proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. The CAA establishes the scheme
whereby States take the lead in developing plans to meet the NAAQS.
This proposed rule would not modify the relationship of the States and
EPA for purposes of developing programs to implement the NAAQS. Thus,
Executive Order 13132 does not apply to this proposed rule.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed rule
from State and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This proposed rule does not
have ``Tribal implications'' as specified in 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-hour ozone
NAAQS at this time or has participated in a compact.
The EPA specifically solicits additional comment on this proposed
rule from Tribal officials.
[[Page 45497]]
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 proposal 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 proposed rule is not a ``significant energy action'' as
defined in Executive Order 13211, ``Actions 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.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer Advancement Act
of 1995 (NTTAA), Public Law No. 104-113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by VCS bodies. The NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable VCS.
This proposed rulemaking 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-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-income populations.
The EPA believes that this proposed rule should not raise any
environmental justice issues. The health and environmental risks
associated with ozone were considered in the establishment of the 8-
hour, 0.08 ppm ozone NAAQS. The level is designed to be protective with
an adequate margin of safety.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control.
Authority: 42 U.S.C. 7408; 42 U.S.C. 7410; 42 U.S.C. 7501-7511f;
42 U.S.C. 7601(a)(1).
Dated: August 3, 2006.
Stephen L. Johnson,
Administrator.
40 CFR part 81 is proposed to be amended as follows:
PART 81--[AMENDED]
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
2. Section 81.300 is amended by revising paragraphs (e)(3)(i) and
(e)(3)(ii)(B) 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 April 15, 2008, 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-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 (v) of
this section.
(ii) * * *
(B) Prior to expiration of the deferred effective date on April 15,
2008, if the Administrator determines that an area or the State subject
to a compact has not met the requirement in paragraph (e)(2)(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.
* * * * *
[FR Doc. E6-12960 Filed 8-8-06; 8:45 am]
BILLING CODE 6560-50-P