[Federal Register: March 13, 2007 (Volume 72, Number 48)]
[Proposed Rules]
[Page 11307-11313]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13mr07-14]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51 and 52
[EPA-HQ-OAR-2006-0903; FRL-8286-8]
Public Hearings and Submission of Plans
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing changes to EPA's regulations specifying the
public hearing requirements for State Implementation Plan (SIP)
submissions, identifying the method for submission of SIPs and
preliminary review of plans; and revising the criteria for determining
the completeness of plan submissions requirements to reflect the
changes to the public hearing and plan submission requirements. EPA is
also making administrative changes to update the addresses to several
Regional offices. These proposed revisions will modify when state
agencies are required to hold public hearings, modify the number of
hard copies of SIP submissions required to be submitted to the Regional
office and the administrative portion of the completeness criteria for
plan submissions.
DATES: Comments must be received on or before April 12, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0903 by one of the following methods:
1. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. E-mail: lakeman.sean@epa.gov.
[[Page 11308]]
3. Fax: 404-562-9019.
4. Mail: ``EPA-HQ-OAR-2006-0903'', Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.5.
5. Hand Delivery: Sean Lakeman, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division 12th
floor, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 to 4:30, excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0903. 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
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 and 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 additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
For additional instructions on submitting
comments, go to unit I.B of the SUPPLEMENTARY INFORMATION section of
this preamble.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 http://www.regulations.gov
or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: For general questions concerning
today's rule, please contact Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9043. Mr. Lakeman can also be reached via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION: The information presented in this preamble
is organized as follows:
I. General Information
II. Background
III. Proposed Actions
IV. Administrative Changes
V. Statutory and Executive Order Reviews
I. General Information
A. Does This Action Apply to Me?
The proposed revisions will modify the public hearing requirements
for SIPs. The proposed revision will also modify the number of hard
copies States are required to submit to the Regional office. We are
also proposing to revise the administrative portion of the completeness
criteria to reflect the changes to the public hearing and plan
submission requirements. These actions may affect anyone wanting to
participate in the rulemaking process. If you have any questions
regarding the applicability of this rule to a particular entity,
consult the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Expedited Review. To expedite review of your comments by Agency
staff, you are encouraged to send a separate copy of your comments, in
addition to the copy you submit to the official docket, to: Sean
Lakeman, Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can
also be reached via electronic mail at lakeman.sean@epa.gov.
2. Submitting CBI. Do not submit CBI to EPA through http://www.regulations.gov
or e-mail. Clearly mark the part or 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 includes 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. Send or deliver information
identified as CBI only to the following address Sean Lakeman,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The
telephone number is (404) 562-9043. Mr. Lakeman can also be reached via
electronic mail at lakeman.sean@epa.gov. Attention Docket ID No. EPA-
HQ-OAR-2006-0903.
3. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
ii. 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.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
[[Page 11309]]
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background
Today, EPA is proposing to change the requirements of 40 CFR
51.102, 51.103 and Appendix V to Part 51. In addition, we are making
administrative changes to 40 CFR 52.02 and 52.16 to update the
addresses for several of the EPA Regional offices.
The Clean Air Act (CAA) provides that each revision to an SIP
submitted by a State must be adopted by such State ``after reasonable
notice and public hearing.'' EPA's regulations on public hearings in 40
CFR 51.102(a) state ``Except as otherwise provided in paragraph (c) of
this section, States must conduct one or more public hearings on the
following prior to adoption and submission to EPA.'' The completeness
criteria indicate that a complete submission must include ``Evidence
that public notice was given of the proposed change consistent with
procedures approved by EPA, including the date of publication of such
notice'' and ``Certification that public hearings(s) were held in
accordance with the information provided in the public notice and the
State's laws and constitution, if applicable.'' 40 CFR part 51,
appendix V (2.1)(f) and (g). Following these public hearing
requirements, states hold public hearings on any revision to a SIP, no
matter how minor or noncontroversial and these hearings consume both
valuable time and resources, whether or not the public participates in
these hearings.
Forty CFR 51.103(a) and (b) require states to submit ``five copies
of the plan to the appropriate Regional Office.'' The completeness
criteria in Appendix V(2.1)(d) of part 51 provide that a complete
submission must include ``indication of the changes made to the
existing approved plan, where applicable.'' Since the time these
regulations were promulgated, electronic access to documents has become
readily available and there is no longer the same need for the State to
provide multiple printed copies of the submitted plan. We are proposing
to revise these regulations to allow the Regions and the States
flexibility to determine the number of printed and electronic copies of
the plan submission necessary to ensure full public access to the
submitted plan (including identification of the changes made) and to
allow the agency to review the plan for approvability.
Since the promulgation of 40 CFR 52.02 and 52.16, the Region 3,
Region 4, Region 7 and Region 8 offices have relocated and EPA is
revising these sections to reflect the correct addresses for these
Regional offices.
III. Proposed Actions
(1) Section 51.102 Public Hearings
Section 51.102(a) currently states ``Except as otherwise provided
in paragraph (c) of this section, States must conduct one or more
public hearings on the following prior to adoption and submission to
EPA of:'' EPA proposes to revise this section to read ``Except as
otherwise provided in paragraph (c) of this section and within the 30
day notification period as required by paragraph (d) of this section,
States must provide notice, provide the opportunity to submit written
comments and allow the public the opportunity to request a public
hearing. The State must hold a public hearing or provide the public the
opportunity to request a public hearing by including the date, place
and time of hearing in the notice announcing the 30 day notification
period. If the State provides the public the opportunity to request a
public hearing and a request is received the State must hold the
scheduled hearing. If no request for a public hearing is received
during the 30 day notification period and the original notice
announcing the 30 day notification period clearly states that if no
request for a public hearing is received the hearing will be cancelled,
then the public hearing may be cancelled. These requirements apply for
adoption and submission to EPA of:''
The current regulation as written requires states to hold public
hearings for any revision to SIPs. States currently hold public
hearings whether or not the public attends and participates in these
hearings. Many of these plan revisions are minor or noncontroversial in
nature and no member of the public or the regulated community attends
or participates in the hearing. These hearings consume both valuable
time and resources. Rather than requiring a public hearing for all SIP
revisions, the proposed revision will allow states to determine those
actions for which there may be little or no interest by the public or
the regulated community and, for those actions, to provide the public
the opportunity to request a public hearing. If no request for public
hearing is made, then the State would have fulfilled the requirements
of 51.102(a) and no public hearing is required to be held.
Whether or not a public hearing is held, the State is required to
provide a 30-day period for the written submission of comments from the
public.
The proposed rule change defines the minimum requirements for
satisfying the ``after reasonable notice and public hearing'' or
``after public notice and opportunity for public hearing'' requirements
of the CAA. With today's multiple means of communication available to
the public, EPA believes this rule revision will have no affect on
public participation in the rulemaking process, but will help state
agencies reduce costs by not needing to pay for facilities for public
hearings for which no one is interested in attending and participating.
In addition, it will increase efficiency by allowing limited staff
resources to be devoted to productive activities rather than staffing a
hearing that is not attended.
Section 51.102(f) currently states ``The State must submit with the
plan, revision, or schedule a certification that the hearing required
by paragraph (a) of this section was held in accordance with the notice
required by paragraph (d) of this section.'' EPA proposes to revise
this section to read ``The State must submit with the plan, revision,
or schedule, a certification that the requirements in paragraph (a) and
(d) of this section were met. Such certification will include the date
and place of any public hearing (s) held or that no public hearing was
requested during the 30 day notification period.''
The purpose of this revision is to eliminate the reference to
public hearings in light of the proposed revision to allow the State to
provide the opportunity for a public hearing. Thus, we are simplifying
the language to provide the State must certify that it has met the
public hearing and public notification requirements of section
51.102(a) and (d).
(2) Section 51.103 Submission of Plans, Preliminary Review of Plans
Section 51.103(a) currently states ``The State makes an official
plan submission to EPA only when the submission conforms to the
requirements of appendix V to this part, and the State delivers five
copies of the plan to the appropriate Regional Office,
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with a letter giving notice of such action.'' And Section 51.103(b)
currently states ``Upon request of a State, the Administrator will
provide preliminary review of a plan or portion thereof submitted in
advance of the date such plan is due. Such requests must be made in
writing to the appropriate Regional Office and must be accompanied by
five copies of the materials to be reviewed. Requests for preliminary
review do not relieve a State of the responsibility of adopting and
submitting plans in accordance with prescribed due dates.''
EPA is proposing to revise section 51.103(a) to read ``The State
makes an official plan submission to EPA only when the submission
conforms to the requirements of appendix V to this part, and the State
delivers five hard copies or at least two hard copies with an
electronic version of the hard copy (unless otherwise agreed to by the
State and Regional Office) of the plan to the appropriate Regional
Office, with a letter giving notice of such action. If the State
submits an electronic copy, it must be an exact duplicate of the hard
copy.''
EPA is proposing to revise section 51.103(b) to read ``Upon request
of a State, the Administrator will provide preliminary review of a plan
or portion thereof submitted in advance of the date such plan is due.
Such requests must be made in writing to the appropriate Regional
Office, must indicate changes (such as, redline/strikethrough) to the
existing approved plan, where applicable and must be accompanied by
five hard copies or at least two hard copies with an electronic version
of the hard copy (unless otherwise agreed to by the State and Regional
Office). Requests for preliminary review do not relieve a State of the
responsibility of adopting and submitting plans in accordance with
prescribed due dates.'' These proposed revisions establish the minimum
required number of electronic and hard copies to be submitted with all
official submittals or preliminary requests for EPA review.
With today's use of electronic processing and the use of the
internet these revisions align the regulatory requirements with the way
States and EPA interact and with the way information is made available
to the public. Rulemaking dockets are now available electronically,
providing greater access to the public because there are no geographic
or time limits on where or when documents may be obtained. Previously,
when the dockets were comprised solely of hard copies of documents, the
public needed to travel to specified locations to review the docket and
the docket was available only during business hours. These revisions
will reduce costs for States but will not interfere with the public's
access to SIP revisions being reviewed by EPA. Rather, as described
above, the availability of electronic files simplifies access for the
public.
(3) Appendix V of Part 51--Criteria for Determining the Completeness of
Plan Submissions
The completeness criteria in Appendix V identify the minimum
elements needed for a SIP to be determined complete and thus to be
reviewed for approvability. We are proposing to revise the completeness
criteria to conform to the revisions above regarding public hearing
requirements and official plan submissions.
To be complete, paragraph 2.1(d) of the completeness criteria,
currently require that the submission include ``A copy of the actual
regulation, or document submitted for approval and incorporation by
reference into the plan, including indication of the changes made to
the existing approved plan, where applicable. The submittal shall be a
copy of the official State regulation/document signed, stamped, dated
by the appropriate State official indicating that it is fully
enforceable by the State. The effective date of the regulation/document
shall, whenever possible, be indicated in the document itself.'' EPA is
proposing to revise this paragraph to include the underlined language:
``A copy of the actual regulation, or document submitted for approval
and incorporation by reference into the plan, including indication of
the changes made (such as, redline/strikethrough) to the existing
approved plan, where applicable. The submittal shall be a copy of the
official State regulation/ document signed, stamped and dated by the
appropriate State official indicating that it is fully enforceable by
the State. The effective date of the regulation/document shall,
whenever possible, be indicated in the document itself. If the State
submits an electronic copy, it must be an exact duplicate of the hard
copy with changes indicated, signed documents need to be in portable
document format, rules need to be in text format and files need to be
submitted in manageable amounts (e.g., a file for each section or
chapter, depending on size, and separate files for each distinct
document) unless otherwise agreed to by the State and Regional
Office.''
Paragraph 2.1(g) currently states that a complete plan must
include:
``Certification that public hearings(s) were held in accordance
with the information provided in the public notice and the State's
laws and constitution, if applicable.'' EPA proposes to revise
paragraph (g) to read ``Certification that public hearing(s) were
held in accordance with the information provided in the public
notice and the State's laws and constitution, if applicable and
consistent with the public hearing requirements in 40 CFR 51.102.''
IV. Administrative Changes
Since the promulgation of 40 CFR 52.02 and 52.16 EPA Regional
Offices 3, 4, 7 and 8 have relocated. EPA is making the following
revision to 40 CFR 52.02 and 52.16 to provide the public with the
current addresses of Regions 3, 4, 7 and 8 offices.
40 CFR 52.02(d)(2)(iii) currently states ``Delaware, District of
Columbia, Pennsylvania, Maryland, Virginia, and West Virginia.
Environmental Protection Agency, Region 3, 841 Chestnut Building,
Philadelphia, PA 19107.'' EPA is revising the address for Region 3 to
read ``Delaware, District of Columbia, Pennsylvania, Maryland,
Virginia, and West Virginia. Environmental Protection Agency, Region 3,
1650 Arch Street, Philadelphia, PA 19103-2029.'' and 40 CFR 52.16(b)(3)
currently states ``Delaware, District of Columbia, Pennsylvania,
Maryland, Virginia, and West Virginia. EPA Region 3, 841 Chestnut
Building, Philadelphia, PA 19107.'' EPA is revising the address for
Region 3 to read ``Delaware, District of Columbia, Pennsylvania,
Maryland, Virginia, and West Virginia. EPA Region 3, 1650 Arch Street,
Philadelphia, PA 19103-2029.''
Section 52.02(d)(2)(iv) currently states ``Alabama, Florida,
Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and
Tennessee Environmental Protection Agency, Region 4, 345 Courtland
Street, N.E., Atlanta, GA 30365.'' EPA is revising the address for
Region 4 to read ``Alabama, Florida, Georgia, Kentucky, Mississippi,
North Carolina, South Carolina, and Tennessee. Environmental Protection
Agency, Region 4, 61 Forsyth Street, Atlanta, Georgia 30303.'' and
Section 52.16(b)(4) currently states ``Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee.
EPA Region 4, 345 Courtland Street, NE., Atlanta, GA 30365.'' EPA is
revising the address for Region 4 to read ``Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee.
EPA Region 4, 61 Forsyth Street, Atlanta, Georgia 30303.''
40 CFR 52.02(d)(2)(vii) currently states ``Iowa, Kansas, Missouri,
and Nebraska. Environmental Protection Agency, Region 7, 726 Minnesota
Avenue, Kansas City, KS 66101.'' EPA is
[[Page 11311]]
revising the address for Region 7 to read ``Iowa, Kansas, Missouri, and
Nebraska. Environmental Protection Agency, Region 7, 901 North 5th
Street, Kansas City, KS 66101.'' and 40 CFR 52.16(b)(7) currently
states ``Iowa, Kansas, Missouri, and Nebraska. EPA Region 7, 726
Minnesota Avenue, Kansas City, KS 66101.'' EPA is revising the address
for Region 7 to read ``Iowa, Kansas, Missouri, and Nebraska. EPA Region
7, 901 North 5th Street, Kansas City, KS 66101.''
40 CFR 52.02(d)(2)(viii) currently states ``Colorado, Montana,
North Dakota, South Dakota, Utah, and Wyoming. Environmental Protection
Agency, Region 8, 999 18th Street, Suite 500, Denver, CO 80202-2466.''
EPA is revising the address for Region 8 to read ``Colorado, Montana,
North Dakota, South Dakota, Utah, and Wyoming. Environmental Protection
Agency, Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129.'' and 40
CFR 52.16(b)(8) currently states ``Colorado, Montana, North Dakota,
South Dakota, Utah, and Wyoming. EPA, Region 8, 999 18th Street, Suite
500, Denver, CO 80202-2466.'' EPA is revising the address for Region 8
to read ``Colorado, Montana, North Dakota, South Dakota, Utah, and
Wyoming. EPA, Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129.''
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and,
therefore, subject to the 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. Pursuant to the terms of Executive Order 12866, it has been
determined that the proposed rule is not a ``significant regulatory
action'' because none of the above factors applies. As such, this
proposed rule was not formally submitted to OMB for review.
B. Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
This proposed rule only modifies the public hearing requirements for
SIPs by clarifying that public hearings need only be held when
requested by the public rather than automatically and provides a less
costly alternative to the pre-existing requirement to submit five
printed copies of each SIP revision. The present proposed rule does not
establish any new information collection burden apart from that
required by law. 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 proposed rule on small entities,
small entity is defined as: (1) A small business that is a small
industrial entity as defined in the U.S. Small Business Administration
(SBA) size standards (See 13 CFR 121.); (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field. This
proposed rule only modifies the public hearing requirements for SIPs by
clarifying that public hearings need only be held when requested by the
public rather than automatically and provides a less costly alternative
to the pre-existing requirement to submit five printed copies of each
SIP revision. 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.
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
one 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 to 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
[[Page 11312]]
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small governments on compliance with
the regulatory requirements. Today's proposed rule does not include a
Federal mandate within the meaning of UMRA that may result in
expenditures of $100 million or more in any one year by either State,
local, or Tribal governments in the aggregate or to the private sector,
and therefore, is not subject to the requirements of sections 202 and
205 of the UMRA. This proposed rule only modifies the public hearing
requirements for SIPs by clarifying that public hearings need only be
held when requested by the public rather than automatically and
provides a less costly alternative to the pre-existing requirement to
submit five printed copies of each SIP revision.
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 only modifies the public hearing requirements for SIPs by
clarifying that public hearings need only be held when requested by the
public rather than automatically and provides a less costly alternative
to the pre-existing requirement to submit five printed copies of each
SIP revision. This proposed rule will not modify the relationship of
the States and EPA for purposes of developing programs to implement the
NAAQS. Thus, Executive Order 13132 does not apply to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by 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.
This proposed rule only modifies the public hearing requirements for
SIPs by clarifying that public hearings need only be held when
requested by the public rather than automatically and provides a less
costly alternative to the pre-existing requirement to submit five
printed copies of each SIP revision. The Clean Air Act and the Tribal
Authority Rule establish the relationship of the Federal Government and
Tribes in developing plans to attain the NAAQS, and this rule does
nothing to modify that relationship.
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. This
proposed rule only modifies the public hearing requirements for SIPs by
clarifying that public hearings need only be held when requested by the
public rather than automatically and provides a less costly alternative
to the pre-existing requirement to submit five printed copies of each
SIP revision. The proposed rule is not subject to Executive Order 13045
because it is not economically significant as defined in E.O. 12866,
and because the Agency does not have reason to believe the
environmental health risks or safety risks addressed by this rule
present a disproportionate risk to children.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions 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 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 rule does not involve technical standards.
Therefore, EPA did not consider the use of any VCS.
List of Subjects in 40 CFR Parts 51 and 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Transportation, Volatile
organic compounds.
Dated: March 7, 2007.
Stephen L. Johnson,
Administrator.
In consideration of the foregoing, the Environmental Protection
Agency proposes to amend 40 CFR parts 51 and 52 as follows:
PART 51--[AMENDED]
1. The authority citation for part 51 continues to read as follows:
Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7641q.
2. Section 51.102 is amended by revising paragraphs (a)
introductory text and (f) to read as follows:
Sec. 51.102 Public hearings.
(a) Except as otherwise provided in paragraph (c) of this section
and within the 30 day notification period as required by paragraph (d)
of this section, States must provide notice, provide the opportunity to
submit written comments and allow the public the opportunity to request
a public hearing. The State must hold a public hearing or provide the
public the opportunity to request a public hearing by including the
date, place and time of hearing in the notice announcing the 30 day
notification period. If the State provides the public the opportunity
to request a public hearing and a request is received the State must
hold the scheduled hearing. If no request for a public hearing is
received during the 30 day notification period and the original
[[Page 11313]]
notice announcing the 30 day notification period clearly states that if
no request for a public hearing is received the hearing will be
cancelled, then the public hearing may be cancelled. These requirements
apply for adoption and submission to EPA of:
* * * * *
(f) The State must submit with the plan, revision, or schedule, a
certification that the requirements in paragraph (a) and (d) of this
section were met. Such certification will include the date and place of
any public hearing(s) held or that no public hearing was requested
during the 30 day notification period.
* * * * *
3. Section 51.103 is revised to read as follows:
Sec. 51.103 Submission of plans, preliminary review of plans.
(a) The State makes an official plan submission to EPA only when
the submission conforms to the requirements of appendix V to this part,
and the State delivers five hard copies or at least two hard copies
with an electronic version of the hard copy (unless otherwise agreed to
by the State and Regional Office) of the plan to the appropriate
Regional Office, with a letter giving notice of such action. If the
State submits an electronic copy, it must be an exact duplicate of the
hard copy.
(b) Upon request of a State, the Administrator will provide
preliminary review of a plan or portion thereof submitted in advance of
the date such plan is due. Such requests must be made in writing to the
appropriate Regional Office, must indicate changes (such as, redline/
strikethrough) to the existing approved plan, where applicable and must
be accompanied by five hard copies or at least two hard copies with an
electronic version of the hard copy (unless otherwise agreed to by the
State and Regional Office). Requests for preliminary review do not
relieve a State of the responsibility of adopting and submitting plans
in accordance with prescribed due dates.
4. Appendix V to Part 51 is amended by revising paragraphs (d) and
(g) under Section 2.1 to read as follows:
Appendix V of Part 51--Criteria for Determining the Completeness of
Plan Submissions
* * * * *
2.1. * * *
(d) A copy of the actual regulation, or document submitted for
approval and incorporation by reference into the plan, including
indication of the changes made (such as, redline/strikethrough) to
the existing approved plan, where applicable. The submittal shall be
a copy of the official State regulation/document signed, stamped and
dated by the appropriate State official indicating that it is fully
enforceable by the State. The effective date of the regulation/
document shall, whenever possible, be indicated in the document
itself. If the State submits an electronic copy, it must be an exact
duplicate of the hard copy with changes indicated, signed documents
need to be in portable document format, rules need to be in text
format and files need to be submitted in manageable amounts (e.g., a
file for each section or chapter, depending on size, and separate
files for each distinct document) unless otherwise agreed to by the
State and Regional Office.
* * * * *
(g) Certification that public hearing(s) were held in accordance
with the information provided in the public notice and the State's
laws and constitution, if applicable and consistent with the public
hearing requirements in 40 CFR 51.102.
* * * * *
PART 52--[AMENDED]
5. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
6. Section 52.02 is amended by revising paragraphs ``(d)(2)(iii)'',
``(d)(2)(iv)'', ``(d)(2)(vii)'', and ``(d)(2)(viii)'' to read as
follows:
Sec. 52.02 Introduction.
* * * * *
(d) * * *
(2) * * *
(iii) Delaware, District of Columbia, Pennsylvania, Maryland,
Virginia, and West Virginia. Environmental Protection Agency, Region 3,
1650 Arch Street, Philadelphia, PA 19103-2029.
(iv) Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, and Tennessee. Environmental Protection
Agency, Region 4, 61 Forsyth Street, Atlanta, Georgia 30303.
* * * * *
(vii) Iowa, Kansas, Missouri, and Nebraska. Environmental
Protection Agency, Region 7, 901 North 5th Street, Kansas City, KS
66101.
(viii) Colorado, Montana, North Dakota, South Dakota, Utah, and
Wyoming. Environmental Protection Agency, Region 8, 1595 Wynkoop
Street, Denver, CO 80202-1129.
* * * * *
7. Section 52.16 is amended by revising paragraphs ``(b)(3)'',
``(b)(4)'', ``(b)(7)'' and ``(b)(8)'' to read as follows:
Sec. 52.16 Submission to administrator.
* * * * *
(b) * * *
(3) Delaware, District of Columbia, Pennsylvania, Maryland,
Virginia, and West Virginia. EPA Region 3, 1650 Arch Street,
Philadelphia, PA 19103-2029.
(4) Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, and Tennessee. EPA Region 4, 61 Forsyth
Street, Atlanta, Georgia 30303.
* * * * *
(7) Iowa, Kansas, Missouri, and Nebraska. EPA Region 7, 901 North
5th Street, Kansas City, KS 66101.
(8) Colorado, Montana, North Dakota, South Dakota, Utah, and
Wyoming. EPA, Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129.
* * * * *
[FR Doc. E7-4563 Filed 3-12-07; 8:45 am]
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