[Federal Register Volume 73, Number 6 (Wednesday, January 9, 2008)]
[Proposed Rules]
[Pages 1568-1570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5953]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 50
[EPA-HQ-OAR-2001-0017; FRL-8502-4]
RIN 2060-AO59
Interpretation of the National Ambient Air Quality Standards for
PM2.5--Correcting and Simplifying Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA recently finalized changes to the data handling
conventions and computations necessary for determining when the annual
and 24-hour national ambient air quality standards (NAAQS) for fine
particles (generally referring to particles less than or equal to 2.5
micrometers ([mu]m) in diameter, PM2.5) are met. These
changes were made in support of revisions to the NAAQS for particulate
matter (PM) that were finalized in the same rulemaking. Following the
publication of this rule, an omission was discovered in the rule text
explaining the procedures for calculating the key statistic (98th
percentile) involved with determining compliance with the 24-hour
PM2.5 standard in locations where extra samples of
PM2.5 in ambient air were taken above the intended sampling
frequency. If the error in the regulatory text is left unchanged, the
resulting statistic for calculating compliance with the 24-hour
PM2.5 standard would be biased low at some samplers, leading
to potentially incorrect determinations that an area was attaining the
NAAQS. The EPA is proposing to correct this error. The proposed
correction involves the replacement of the currently used statistical
formula and instructions with a simpler look-up table approach which is
easier for readers to understand and which retains the originally
intended numerical consistency with EPA's historical practice.
DATES: Written comments must be received by February 8, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2001-0017, by mail to: Review of the National Ambient Air Quality
Standards (NAAQS) for Particulate Matter (PM), Environmental Protection
Agency, Mailcode: 2822T, 1200 Pennsylvania Avenue, NW., Washington, DC
20460. Please include a total of two copies. Comments may also be
submitted electronically or through hand delivery/courier by following
the detailed instructions in the ADDRESSES section of the direct final
rule located in the ``Rules and Regulations'' section of this Federal
Register.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact
Mr. Lewis Weinstock, U.S. Environmental Protection Agency, Office of
Air Quality Planning and Standards, Air Quality Assessment Division,
Ambient Air Monitoring Group (C304-06), Research Triangle Park, North
Carolina 27711; telephone number: (919) 541-3661; fax number: (919)
541-1903; e-mail address: [email protected]. For technical
questions, please contact Mr. Mark Schmidt, U.S. Environmental
Protection Agency, Office of Air Quality Planning and Standards, Air
Quality Assessment Division, Air Quality Analysis Group (C304-04),
Research Triangle Park, North Carolina 27711; telephone number: (919)
541-2416; fax number: (919) 541-1903; e-mail address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Why Is EPA Issuing This Proposed Rule?
This document proposes to take corrective action on 40 CFR part 50,
Appendix N, Interpretation of the National Ambient Air Quality
Standards for PM2.5. We have published a direct final rule
identical to this proposal in the ``Rules and Regulations'' section of
this Federal Register. This direct final rule will correct and simplify
parts of a recent final rule published on October 17, 2006 that
finalized changes to the data handling conventions and computations
necessary for determining when the annual and 24-hour national ambient
air quality standards (NAAQS) for fine particles (generally referring
to particles less than or equal to 2.5 micrometers ([mu]m) in diameter,
PM2.5), are met. We view this as a non-controversial action
and anticipate no adverse comment. We have explained our reasons for
this action in the preamble to the direct final rule.
If we receive no adverse comment, we will not take further action
on this proposed rule. If EPA receives relevant adverse comment on the
amendments included in this proposal, we will publish a timely
withdrawal in the Federal Register. We will address these public
comments in a subsequent final rule based on this proposal. We will not
institute a second comment period on this action. Any persons
interested in commenting must do so at this time.
The regulatory text for the proposal is identical to that for the
direct final rule published in the ``Rules and Regulations'' section of
this Federal Register. For further supplementary information, the
detailed rationale for the proposal and the regulatory revisions, see
the direct final rule published in a separate part of this Federal
Register.
II. Does This Action Apply to Me?
Categories and entities potentially regulated by this action
include:
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NAICS Examples of regulated
Category code \1\ entities
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Federal government.................. 924110 Federal agencies that
conduct ambient air
monitoring similar to
that conducted by
States under 40 CFR
part 58 and that wish
EPA to use their
monitoring data in the
same manner as State
data.
State/territorial/local/tribal 924110 State, territorial, and
government. local, air quality
management programs
that are responsible
for ambient air
monitoring under 40
CFR part 58. The
proposal also may
affect Tribes that
conduct ambient air
monitoring similar to
that conducted by
States and that wish
EPA to use their
monitoring data in the
same manner as State
monitoring data.
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\1\ North American Industry Classification System.
[[Page 1569]]
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware of
that could potentially be regulated by this action. Other types of
entities not listed in the table could also be regulated. If you have
questions regarding the applicability of this action to a particular
entity, consult one of the persons listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
III. Statutory and Executive Order Reviews
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 Executive Order.
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.
There is no information collection requirement directly associated with
revisions to a NAAQS or supporting appendices under section 109 of the
CAA.
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
Procedure Act or any other statute unless the agency certifies that 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 rule on small
entities, small entity is defined as: (1) A small business whose parent
company has fewer than 100 or 1,000 employees, or fewer than 4 billion
kilowatt-hr per year of electricity usage, depending on the size
definition for the affected North American Industry Classification
System code; (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 this proposed rule on
small entities, I certify that this action 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
because it does not impose any additional regulatory requirements. 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
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 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.
This 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 rule imposes no enforceable duty
on any State, local or tribal governments or the private sector. The
proposed correcting and simplifying change does not create additional
regulatory requirements on affected entities compared to those that
were promulgated in the final rule that was published in the Federal
Register on October 17, 2006. The proposed rule change only corrects
and simplifies one error in Appendix N of part 50 (Interpretation of
the National Ambient Air Quality Standards for PM2.5). Thus,
this proposed rule is not subject to the requirements of section 202
and 205 of the UMRA.
EPA has determined that this rule contains no regulatory
requirements that might significantly of uniquely affect small
governments. The proposed rule change only corrects and simplifies one
error in Appendix N of part 50.
E. Executive Order 13132: Federalism
Executive Order 13132 (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,
[[Page 1570]]
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
proposed change only corrects and simplifies one error in Appendix N of
part 50 (Interpretation of the National Ambient Air Quality Standards
for PM2.5); 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. The
proposed change only corrects and simplifies one error in Appendix N of
part 50 (Interpretation of the National Ambient Air Quality Standards
for PM2.5). Thus, Executive Order 13175 does not apply to
this proposed rule.
EPA specifically solicits additional comment on this proposed rule
from tribal officials.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045: ``Protection of Children from Environmental
Health Risks 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 a
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.
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 proposed rule is not
subject to Executive Order 13045 because, while it is based on the need
for monitoring data to characterize risk, this proposed rule itself
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 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 104-113, section 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards 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
voluntary consensus standards bodies. The NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This proposed rulemaking does not involve any new technical
standards for environmental monitoring and measurement. Ambient air
concentrations of PM 2.5 are currently measured by the
Federal reference method in 40 CFR part 50, Appendix L (Reference
Method for the Determination of Fine Particulate as PM 2.5
in the Atmosphere) or by Federal Reference Method or Federal Equivalent
Method that meet the requirements in 40 CFR part 53.
EPA welcomes comments on this aspect of the proposed rulemaking
and, specifically, invites the public to identify potentially-
applicable voluntary standards and to explain why such standards should
be used in this regulation.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The proposed rule merely amends the October 17, 2006,
final PM NAAQS rule (71 FR 61144) by correcting and simplifying
existing PM 2.5 data handling conventions and computations.
List of Subjects in 40 CFR Part 50
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: November 29, 2007.
Stephen L. Johnson,
Administrator.
[FR Doc. 07-5953 Filed 1-8-08; 8:45 am]
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