[Federal Register Volume 73, Number 205 (Wednesday, October 22, 2008)]
[Rules and Regulations]
[Pages 62902-62906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25020]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-HQ-OAR-2008-0452; FRL-8728-3]
Completeness Findings for Section 110(a) State Implementation
Plans Pertaining to the Fine Particulate Matter (PM2.5)
NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is making a finding concerning whether or not each
state has submitted a complete State Implementation Plan (SIP) that
provides the basic program elements specified in section 110(a)(2) of
the Clean Air Act (CAA or Act) necessary to implement the 1997 Fine
Particulate Matter (PM2.5) National Ambient Air Quality
Standards (NAAQS). By this action, EPA is identifying those states
that: Have failed to make a complete submission for all requirements;
have failed to make a complete submission for specific requirements; or
have made a complete submission. The findings of failure to submit or
determinations of incompleteness for all or a portion of a state's SIP
establish a 24-month deadline for EPA to promulgate a Federal
Implementation Plan (FIP) to address the outstanding SIP elements
unless, prior to that time, the affected states submit, and EPA
approves, the required SIPs. The findings that all, or portions of a
state's SIP submission, are complete establish a 12-month deadline for
EPA to take action upon the complete SIP elements in accordance with
the CAA.
DATES: The effective date of this rule is November 21, 2008.
FOR FURTHER INFORMATION CONTACT: David Sanders, Office of Air Quality
Planning and Standards, Air Quality Policy Division, Mail Code C539-01,
Research Triangle Park, NC 27709; telephone (919) 541-3356; fax number
(919) 541-0824; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION: Section 553 of the Administrative Procedures
Act, 5 U.S.C. 553(b)(B), provides that, when an agency for good cause
finds that notice and public procedure are impracticable, unnecessary
or contrary to the public interest, the agency may issue a rule without
providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making this action final
without prior proposal and opportunity for comment because no
significant EPA judgment is involved in making a finding of failure to
submit SIPs, or elements of SIPs, required by the CAA, where states
have made no submissions, or incomplete submissions, to meet the
requirement by the statutory date. Thus, notice and public procedure
are unnecessary. EPA finds that this constitutes good cause under 5
U.S.C. 553(b)(B).
For questions related to a specific state please contact the
appropriate regional office below.
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Regional offices States
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Region I--Dave Conroy, Acting Branch Connecticut, Maine,
Chief, Air Programs Branch, EPA New Massachusetts, New Hampshire,
England, I Congress Street, Suite Rhode Island, and Vermont.
1100, Boston, MA 02203-2211.
Region II--Raymond Werner, Chief, Air New Jersey, New York, Puerto
Programs Branch, EPA Region II, 290 Rico, and Virgin Islands.
Broadway, 21st Floor, New York, NY
10007-1866.
Region III--Cristina Fernandez, Branch Delaware, District of Columbia,
Chief, Air Quality Planning Branch, Maryland, Pennsylvania,
EPA Region III, 1650 Arch Street, Virginia, and West Virginia.
Philadelphia, PA 19103-2187.
Region IV--Richard A. Schutt, Chief, Alabama, Florida, Georgia,
Regulatory Development Section, EPA Kentucky, Mississippi, North
Region IV, Sam Nun Atlanta Federal Carolina, South Carolina, and
Center, 61 Forsyth Street, SW, 12th Tennessee.
Floor, Atlanta, GA 30303.
Region V--Jay Bortzer, Chief, Air Illinois, Indiana, Michigan,
Programs Branch, EPA Region V, 77 West Minnesota, Ohio, and
Jackson Street, Chicago, IL 60604. Wisconsin.
Region VI--Thomas Diggs, Associate Arkansas, Louisiana, New
Director Air Programs, EPA Region VI, Mexico, Oklahoma, and Texas.
1445 Ross Avenue, Dallas, TX 75202-
2733.
Region VII--Joshua A. Tapp, Chief, Air Iowa, Kansas, Missouri, and
Programs Branch, EPA Region VII, 901 Nebraska.
North 5th Street, Kansas City, Kansas
66101-2907.
Region VIII--Cynthia Cody, Unit Leader, Colorado, Montana, North
Air Quality Planning Unit, EPA Region Dakota, South Dakota, Utah,
VIII Air Program, 1595 Wynkoop St. (8P- and Wyoming
AR), Denver, CO 80202-1129.
Region IX--Lisa Hanf, Air Planning American Samoa, Arizona,
Office, EPA Region IX, 75 Hawthorne California, Commonwealth of
Street, San Francisco, CA 94105. Northern Mariana Islands,
Guam, Hawaii, and Nevada.
[[Page 62903]]
Region X--Mahbubul Islam, Manager, Alaska, Idaho, Oregon, and
State and Tribal Air Programs, EPA Washington.
Region X, Office of Air , Waste, and
Toxics, Mail Code OAQ-107, 1200 Sixth
Avenue, Seattle, WA 98101.
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Table of Contents
I. Background
II. This Action
A. Finding of Failure To Submit for States That Failed To Make a
Submittal
B. Finding of Failure To Submit Specific Elements of Section
110(a)(2)
C. List of States That Submitted Complete Submissions To Satisfy
the Section 110(a)(2) Requirements
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act of 1995
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. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
J. National Technology Transfer Advancement Act
K. Congressional Review Act
L. Judicial Review
I. Background
On July 18, 1997, EPA promulgated a revised NAAQS for
PM2.5. In that action, the annual PM2.5 standard
was set at 15 [mu]g/m3, based on the 3-year average of
annual arithmetic mean PM2.5 concentrations from single or
multiple community-oriented monitors. The 24-hour PM2.5
standard was set at 65 [mu]g/m3, based on the 3-year average
of the 98th percentile of 24-hour PM2.5 concentrations at
each population-oriented monitor within an area (see 62 FR 38652).
CAA section 110(a) requires states to submit SIPs that provide for
the implementation, maintenance, and enforcement of a new or revised
NAAQS within 3 years following the promulgation of such NAAQS, or
within such shorter period as EPA may prescribe. Section 110(a) imposes
the obligation upon states to make a SIP submission to EPA for a new or
revised NAAQS, but the contents of that submission may vary depending
upon the facts and circumstances. In particular, the data and
analytical tools available at the time the state develops and submits
the SIP for a new or revised NAAQS necessarily affects the content of
the submission. The contents of such SIP submissions may also vary
depending upon what provisions the state's existing SIP already
contains.
As of 2004, states had not submitted complete SIPs to satisfy all
of the section 110(a)(2) requirements for the 1997 PM2.5
NAAQS (as well as for the 8-hour ozone NAAQS). On March 4, 2004, Earth
Justice submitted a notice of intent to sue related to EPA's failure to
issue findings of failure to submit related to these requirements.
Subsequently, EPA entered into a Consent Decree with Earth Justice
which required EPA, among other things, to sign a notice for
publication in the Federal Register no later than October 5, 2008,
announcing EPA's determinations pursuant to section 110(k)(1)(B) as to
whether each state has made complete submissions to meet the
requirements of section 110(a)(2) for the 1997 PM2.5 NAAQS.
Section 110(a)(2) lists specific elements that states must meet in
the general infrastructure SIP submissions. The requirements include
SIP infrastructure elements such as modeling, monitoring, and emissions
inventories that are designed to assure attainment and maintenance of
the NAAQS. In an October 2, 2007 memorandum entitled, ``Guidance on SIP
Elements Required Under Section 110(a)(1) and (2) for the 1997 8-hour
Ozone and PM2.5 National Ambient Air Quality Standards,''
EPA identified the specific requirements that are the subject of this
action and provided additional guidance on meeting the requirements.
Of special interest is section 110(a)(2)(G) of the CAA which
requires SIPs to provide authority for emergency episode plans
comparable to that in section 303, as well as provide adequate
contingency plans to implement such authority. On that authority, EPA
previously established Significant Harm Levels (SHL) for five criteria
pollutants--sulfur dioxide, inhalable particulate matter
(PM10), nitrogen dioxide, carbon monoxide, and ozone. The
SHL represents ambient concentrations of said pollutant that EPA
determined, based on health effects data at that time, present an
imminent and substantial endangerment to public health or welfare, or
to the environment.\1\ Since EPA has yet to develop a SHL for
PM2.5, states have been placed at a disadvantage in meeting
this requirement under the CAA. Although EPA's delay in developing a
SHL for PM2.5 may have made it more difficult for states to
meet the section 110(a)(2)(G) obligation, nonetheless, states are still
required by statute to satisfy the obligation to have adequate
authority to protect the public in the event of a dangerous
PM2.5 air pollution episode and adequate contingency plans
to implement that authority. In this notice, we make findings that some
states have failed to make a submission addressing either statutory
authority for emergency powers or adequate contingency plans, or both.
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\1\ The SHLs and associated requirements for developing
Emergency Episode Plans are codified at 40 CFR Part 51 Subpart H.
Appendix L of Part 51, provides an example regulation intended as a
guide for states that must develop emergency episode plans (51 FR
40668, November 7, 1986). Subpart H requires states to develop
emergency episode plans (where appropriate) that, at a minimum,
provide a set of actions that are necessary to prevent ambient
pollutant concentrations from reaching levels that could cause
significant harm and endangerment to the health of persons in the
affected areas.
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Two elements identified in section 110(a)(2) are not governed by
the 3-year submission deadline of section 110(a)(1) because SIPs
incorporating necessary local nonattainment area controls are not due
within 3 years after promulgation of a new or revised NAAQS, but rather
are due at the time the nonattainment area plan requirements are due
pursuant to section 172. These requirements are: (i) Submissions
required by section 110(a)(2)(C) to the extent that subsection refers
to a permit program as required in part D Title I of the CAA, and (ii)
submissions required by section 110(a)(2)(I) which pertain to the
nonattainment planning requirements of part D, Title I of the CAA.
Therefore, this action does not cover these specific SIP elements. This
action also does not pertain to the requirements in section
110(a)(2)(D)(i), because EPA has previously addressed that
requirement.\2\
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\2\ EPA published a finding that all states had failed to submit
SIPs addressing interstate transport for the 8-hour ozone and
PM2.5 NAAQS, as required by section 110(a)(2)(D)(i). See
70 FR 21,147 (April 25, 2005).
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[[Page 62904]]
II. This Action
This notice reflects EPA's determinations with respect to the
section 110(a)(2) requirements for the 1997 PM2.5 NAAQS
only, based upon the submissions made by the states to fulfill the
requirements, or certifying that they have already met the
requirements, or both. For those states that have not yet made a
submittal, EPA is making a finding of failure to submit, and for those
states that made a submittal that was not complete with respect to each
element of section 110(a)(2), EPA is making an incompleteness finding.
For those states that did not make any submittal, EPA is making a
finding of failure to submit with respect to all of the section
110(a)(2) SIP elements. For those states that did not make a submittal
that addressed all of the section 110(a)(2) elements, EPA is making
these findings only with respect to those specific section 110(a)(2)
SIP elements which a state has not certified that it has met, or not
made a SIP submission to meet, as of the signature date of this notice.
These findings establish a 24-month deadline for the promulgation by
EPA of a FIP, in accordance with section 110(c)(1). These findings of
failure to submit do not impose sanctions, or set deadlines for
imposing sanctions as described in section 179 of the CAA, because
these findings do not pertain to the elements of a Title I part D plan
for nonattainment areas as required under section 110(a)(2)(I), and
because this action is not a SIP call pursuant to section 110(k)(5).
For states receiving an incompleteness finding for certain elements
in section 110(a)(2), EPA is also finding that the remaining elements
of section 110(a)(2) are complete. For states which EPA has not made
any findings of failure to submit for the section 110(a)(2) SIP
elements, EPA is by this action making a finding of completeness for
all elements. These full and partial completeness findings establish a
12-month deadline for EPA to take action upon such SIPs in accordance
with section 110(k).\3\
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\3\ For those submissions that were made more than 6 months ago,
EPA's deadline to take action to approve those submissions is 18
months from the date of submittal.
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This action will be effective on November 21, 2008.
A. Finding of Failure To Submit for States or Territories That Failed
To Make a Submittal
The following states or territories failed to make a submittal to
satisfy the requirements of section 110(a)(2) as of the date of
signature of this notice. The effective date of this action starts a
24-month FIP clock for EPA to approve a SIP for the affected states or
territories that addresses section 110(a)(2) requirements, or for EPA
to finalize a FIP. The states and territories that are affected by this
finding of failure to submit are the following:
Region I: Vermont
Region VI: Oklahoma
Region VIII: North Dakota
Region IX: Hawaii, Guam, American Samoa, Commonwealth of the Northern
Mariana Islands
Region X: Alaska, Washington
B. Finding of Failure To Submit Specific Elements of Section 110(a)(2)
The following states made submissions that address some, but not
all, of the section 110(a)(2) requirements as of the signature date of
this notice. EPA is by this action identifying the specific elements
for which states have not made a complete submission. The effective
date of this action starts a 24-month FIP clock for EPA to approve a
SIP for the affected states or territories that addresses these
specific section 110(a)(2) elements, or for EPA to finalize a FIP that
does so:
Region I
Massachusetts: The State of Massachusetts has failed to submit a
SIP addressing section 110(a)(2)(C) and (J) pertaining to the Part C
PSD permit program. However, this requirement has already been
addressed by a FIP that remains in place, and therefore, this action
will not trigger any additional FIP obligations.
Region II
New Jersey: The State of New Jersey has submitted a certification
letter which fails to address the contingency plans portion of the
section 110(a)(2)(G) element concerning emergency powers and adequate
contingency plans. Also, the State of New Jersey has failed to submit a
SIP addressing section 110(a)(2)(C) and (J) pertaining to the Part C
PSD permit program. However, this requirement has already been
addressed by a FIP that remains in place, and therefore, this action
will not trigger any additional FIP obligations.
New York: The State of New York has submitted a certification
letter which fails to address the contingency plans portion of the
section 110(a)(2)(G) element concerning emergency powers and adequate
contingency plans. Also, the State of New York has failed to submit a
SIP addressing section 110(a)(2)(C) and (J) pertaining to the Part C
PSD permit program. However, this requirement has already been
addressed by a FIP that remains in place, and therefore, this action
will not trigger any additional FIP obligations.
Puerto Rico: The Territory of Puerto Rico has submitted a
certification letter which fails to address the contingency plans
portion of the section 110(a)(2)(G) element concerning emergency powers
and adequate contingency plans. Also, the Territory of Puerto Rico has
failed to submit a SIP addressing section 110(a)(2)(C) and (J)
pertaining to the Part C PSD permit program. However, this requirement
has already been addressed by a FIP that remains in place, and
therefore, this action will not trigger any additional FIP obligations.
Virgin Islands: The Territory of the Virgin Islands has submitted a
certification letter which fails to address the contingency plans
portion of the section 110(a)(2)(G) element concerning emergency powers
and adequate contingency plans. Also, the Territory of the Virgin
Islands has failed to submit a SIP addressing section 110(a)(2)(C) and
(J) pertaining to the Part C PSD permit program. However, this
requirement has already been addressed by a FIP that remains in place,
and therefore, this action will not trigger any additional FIP
obligations.
Region III
Washington, DC: The District of Columbia has failed to submit a SIP
addressing section 110(a)(2)(C) and (J) pertaining to the Part C PSD
permit program. However, this requirement has already been addressed by
a FIP that remains in place, and therefore, this action will not
trigger any additional FIP obligations.
Region V
Illinois: The State of Illinois has failed to submit a SIP
addressing section 110(a)(2)(C) and (J) pertaining to the Part C PSD
permit program. However, this requirement has already been addressed by
a FIP that remains in place, and therefore, this action will not
trigger any additional FIP obligations.
Michigan: The State of Michigan has submitted a certification
letter which fails to address the contingency plans portion of the
section 110(a)(2)(G) element concerning emergency powers and adequate
contingency plans.
Minnesota: The State of Minnesota has submitted a certification
letter which fails to address the contingency plans portion of the
section 110(a)(2)(G) element concerning emergency powers and adequate
contingency plans. Also, the State of Minnesota has failed to submit a
SIP addressing section
[[Page 62905]]
110(a)(2)(C) and (J) pertaining to the Part C PSD permit program.
However, this requirement has already been addressed by a FIP that
remains in place, and therefore, this action will not trigger any
additional FIP obligations.
Wisconsin: The State of Wisconsin has submitted a certification
letter which fails to address the contingency plans portion of the
section 110(a)(2)(G) element concerning emergency powers and adequate
contingency plans.
Region IX
Arizona: The State of Arizona has failed to submit a SIP addressing
section 110(a)(2)(C) and (J) pertaining to the Part C PSD permit
program. However, this requirement has already been addressed by a FIP
that remains in place, and therefore, this action will not trigger any
additional FIP obligations. Also, the State of Arizona has submitted a
certification letter which fails to address the section 110(a)(2)(E)(i)
and section 110(a)(2)(E)(ii) concerning the necessary assurances of
adequate resources and authority under state law and state compliance
with requirements respecting state boards. The State of Arizona has
submitted a certification letter which fails to address the section
110(a)(2)(G) element concerning emergency powers and adequate
contingency plans.
California: The State of California has submitted a certification
letter which fails to address the section 110(a)(2)(G) element
concerning emergency powers and adequate contingency plans. The State
of California has failed to submit a SIP addressing section
110(a)(2)(C) and (J) pertaining to the Part C PSD permit program that
applies to some Air Districts within the State. However, this
requirement has already been addressed by a FIP that remains in place,
and therefore, this action will not trigger any additional FIP
obligations. All other areas of the state, exclusive of these Air
Districts have an approved PSD program in place.
C. States That Submitted Complete Submissions To Satisfy the Section
110(a)(2) Requirements
The following states have been determined by EPA to have made
complete SIP submissions that address all of the section 110(a)(2)
requirements as of the signature date of this notice:
Region I: Connecticut, Maine, New Hampshire, Rhode Island
Region III: Delaware, Maryland, Pennsylvania, Virginia, West Virginia
Region IV: Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee
Region V: Indiana, Ohio
Region VI: Arkansas, Louisiana, New Mexico, Texas
Region VII: Iowa, Kansas, Missouri, Nebraska
Region VIII: Colorado, Montana, South Dakota, Utah, Wyoming
Region IX: Nevada
Region X: Idaho, Oregon
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 (EO) 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.
Burden is defined at 5 CFR 1230.3(b). This rule relates to the
requirement in the CAA for states to submit SIPs under section 110(a)
to satisfy certain infrastructure and general authority-related
elements required under section 110(a)(2) of the CAA for the 1997
PM2.5 NAAQS. Section 110(a)(1) of the CAA requires that
states submit SIPs that implement, maintain, and enforce a new or
revised NAAQS which satisfies the requirements of section 110(a)(2)
within 3 years of promulgation of such standard, or shorter period as
EPA may provide. The present action does not establish any new
information collection requirement apart from that already required by
law.
C. Regulatory Flexibility Act (RFA)
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any action subject to
notice and comment rulemaking requirements under the Administrative
Procedures Act or any other statute unless the agency certifies that
the action 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 the purpose of assessing the impacts of this final action on
small entities, small entity is defined as: (1) A small business that
is a small industry entity as defined in the U.S. Small Business
Administration 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 independently owned and operated is not dominate in
its field.
After considering the economic impacts of this final action on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This final
action will not impose any requirements on small entities. This action
relates to the requirement in the CAA for states to submit SIPs under
section 110(a) to satisfy certain infrastructure and general authority-
related elements required under section 110(a)(2) of the CAA for the
1997 PM2.5 NAAQS. Section 110(a)(1) of the CAA requires that
states submit SIPs that implement, maintain, and enforce a new or
revised NAAQS which satisfies the requirements of section 110(a)(2)
within 3 years of promulgation of such standard, or shorter period as
EPA may provide.
D. Unfunded Mandates Reform Act of 1995 (UMRA)
This action contains no Federal mandate under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-
1538 for state, local, and tribal governments and the private sector.
The action imposes no enforceable duty on any state, local or tribal
governments or the private sector. Therefore, this action is not
subject to the requirements of section 202 and 205 of the UMRA.
This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This action relates
to the requirement in the CAA for states to submit SIPs under section
110(a) to satisfy certain infrastructure and general authority-related
elements required under section 110(a)(2) of the CAA for the 1997
PM2.5 NAAQS. Section 110(a)(1) of the CAA requires that
states submit SIPs that implement, maintain, and enforce a new or
revised NAAQS which satisfies the requirements of section 110(a)(2)
within 3 years of promulgation of such standard, or shorter period as
EPA may provide.
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
[[Page 62906]]
the Executive Order to include regulations that have ``substantial
direct effects on the states, or the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government.''
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. The CAA establishes the scheme
whereby states take the lead in developing plans to meet the NAAQS.
This action 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 action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). It does not have
a substantial direct effect on one or more Indian Tribes, because no
Tribe has implemented an air quality management program related to the
1997 PM2.5 NAAQS. Furthermore, this action does not affect
the relationship or distribution of power and responsibilities between
the Federal government and Indian Tribes. The CAA and the Tribal Air
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. Thus, Executive Order 13175 does not apply to
this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it is making
findings concerning whether or not each state has submitted a complete
SIP that provides the basic program elements specified in CAA section
110(a)(2) necessary to implement the 1997 PM2.5 NAAQS. The
findings of failure to submit for all or a portion of a state's SIP
establish a 24-month deadline for EPA to promulgate FIPs to address the
outstanding SIP elements unless, prior to that time, the affected
states submit, and EPA approves, the required SIPs.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer Advancement Act
of 1995 (NTTAA), Public Law No. 104-113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impracticable. VCS 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 action does not involve technical standards. Therefore, EPA
did not consider the use of any VCS.
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 final action 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. This notice is making a finding concerning whether each
state has submitted or failed to submit a complete SIP that provides
the basic program elements of section 110(a)(2) necessary to implement
the 1997 PM2.5 NAAQS.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the action in the Federal Register. A Major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This action will be effective November 21, 2008.
L. Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the District of Columbia Circuit Court within 60 days from the days
from the date final action is published in the Federal Register. Filing
a petition for review by the Administrator of this final action does
not affect the finality of this action for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review must be final, and shall not postpone the effectiveness of such
action.
Thus, any petitions for review of this action related to findings
of failure to submit related to the requirements of section 110(a) to
satisfy certain elements required under section 110(a)(2) of the CAA
for the 1997 PM2.5 NAAQS must be filed in the Court of
Appeals for the District of Columbia Circuit within 60 days from the
date final action is published in the Federal Register.
List of Subjects in 40 CFR Part 52
Approval and promulgation of implementation plans, Environmental
protection, Administrative practice and procedures, Air pollution
control, Incorporation by reference, Intergovernmental relations, and
Reporting and recordkeeping requirements.
Dated: October 3, 2008.
Robert J. Meyers,
Principal Deputy Assistant Administrator.
[FR Doc. E8-25020 Filed 10-21-08; 8:45 am]
BILLING CODE 6560-50-P