

[Federal Register: August 9, 2006 (Volume 71, Number 153)]
[Proposed Rules]               
[Page 45492-45497]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au06-47]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2003-0090; FRL-8206-7]

 
 Final Extension of the Deferred Effective Date for 8-Hour Ozone 
National Ambient Air Quality Standards for Early Action Compact Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing a final extension of the deferred 
effective date of air quality designations for certain areas of the 
country that have entered into Early Action Compacts. Early Action 
Compact areas have agreed to reduce ground-level ozone pollution 
earlier than the Clean Air Act (CAA) requires. On April 30, 2004, EPA 
published a notice designating all areas of the country for the 8-hour 
ozone National Ambient Air Quality Standards (NAAQS). In the 
designation rule, EPA deferred the effective date of the nonattainment 
designation for 14 areas that had entered into Early Action Compacts. 
The current effective date of the nonattainment designation for these 
areas is December 31, 2006. The EPA is now proposing to extend the 
deferral of the effective date for all 14 Early Action compact areas 
until April 15, 2008.

DATES: Comments must be received on or before September 8, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0090, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 

instructions for submitting comments.
     E-mail: A-and-R-Docket@epa.gov, Attention Docket ID No. 
EPA-HQ-OAR-2003-0090.
     Fax: Fax your comments to (202) 566-1741, Attention Docket 
ID. No. EPA-HQ-OAR-2003-0090.
     Mail: Docket EPA-HQ-OAR-2003-0090, Environmental 
Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Avenue, 
Northwest, Washington, DC 20460. Please include two copies.
     Hand Delivery: Deliver your comments to: Air Docket, 
Environmental Protection Agency, 1301

[[Page 45493]]

Constitution Avenue, NW., Room B102, Washington, DC 20004, Attention 
Docket ID No. EPA-HQ-OAR-2003-0090. Such deliveries are only accepted 
during the Docket's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0090. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov 

or e-mail. The http://www.regulations.gov Web site is an ``anonymous access'' 

system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
http://www.regulations.gov, your e-mail address will be automatically captured 

and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. For further information about EPA's public docket visit the 
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

    Docket: All documents in the docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 

information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the EPA Docket Center, EPA/

DC, EPA West, Room B102, 1301 Constitution Avenue, NW., Washington, DC. 
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. A reasonable fee may be 
charged for copying. The telephone number for the Public Reading Room 
is (202) 566-1744, and the telephone number for the Air Docket is (202) 
566-1742.


    Note: The EPA Docket Center suffered damage due to flooding 
during the last week of June 2006. The Docket Center is continuing 
to operate. However, during the cleanup, there will be temporary 
changes to Docket Center telephone numbers, addresses, and hours of 
operation for people who wish to make hand deliveries or visit the 
Public Reading Room to view documents. Consult EPA's Federal 
Register notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at 
http://www.epa.gov/epahome/dockets.htm for current information on 

docket operations, locations and telephone numbers. The Docket 
Center's mailing address for U.S. mail and the procedure for 
submitting comments to http://www.regulations.gov are not affected by the 

flooding and will remain the same.


FOR FURTHER INFORMATION CONTACT: Ms. Barbara Driscoll, U.S. 
Environmental Protection Agency, Office of Air Quality Planning and 
Standards, Mail Code C539-04, Research Triangle Park, NC 27711, phone 
number (919) 541-1051 or by e-mail at: driscoll.barbara@epa.gov or Mr. 
David Cole, Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Mail Code C304-05, Research Triangle 
Park, NC 27711, phone number (919) 541-5565 or by e-mail at: 
cole.david@epa.gov.


SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    This action applies only to the 14 areas that entered into Early 
Action compacts and for which the effective date of the nonattainment 
designation was deferred. A list of these areas is included in Table 1 
below.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or e-mail. Clearly mark the part of all of the 

information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that include information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

C. Where Should I Send an Additional Copy of My Comments?

    In addition, please send a copy of your comments to: Barbara 
Driscoll, U.S. Environmental Protection Agency, Office of Air Quality 
Planning and Standards by one of the means listed:
     E-mail: driscoll.barbara@epa.gov.
     Fax: (919) 541-5489, Attention: Barbara Driscoll.
     Mail: Barbara Driscoll, U.S. Environmental Protection 
Agency, Office of Air Quality Planning and Standards, Mail Code: C539-
04, Research Triangle Park, NC 27711.
     Hand Delivery: Barbara Driscoll, U.S. Environmental 
Protection Agency, Office of Air Quality Planning and Standards, Room: 
C541C, 109 T.W. Alexander Drive, Research Triangle Park, NC 27709.
    The information presented in this preamble is organized as follows.

Outline

    The following is an outline of the preamble.

I. General Information
    A. Does this Action Apply to Me?
    B. What Should I Consider as I Prepare My Comments for EPA?
    C. Where Should I Send an Additional Copy of My Comments?
II. What is the Purpose of this Document?
III. What Action has EPA Taken to Date for Early Action Compact 
Areas?

[[Page 45494]]

    A. What progress are compact areas making toward completing 
their milestones?
    B. What is this proposed action for compact areas?
    C. What is EPA's schedule for taking further action to continue 
to defer the effective date of nonattainment designation for compact 
areas?
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

II. What Is the Purpose of This Document?

    The purpose of this document is to propose to extend the deferral 
of the effective date of the 8-hour ozone nonattainment designations 
for 14 participants in Early Action Compacts. Currently, the effective 
designation date is December 31, 2006, and this proposal would extend 
that date to April 15, 2008.

III. What Action Has EPA Taken to Date for Early Action Compact Areas?

    This section discusses EPA's actions to date with respect to 
certain areas of the country that are participating in the Early Action 
Compact program. On December 31, 2002, we entered into compacts with 33 
communities. To receive the first deferral, these Early Action Compact 
areas agreed to reduce ground-level ozone pollution earlier than the 
CAA would require. The final designation rule published April 30, 2004, 
(69 FR 23864), included the following actions for compact areas: 
Deferred the effective date of nonattainment designation for 14 compact 
areas until September 30, 2005; detailed the progress compact areas had 
made toward completing their milestones; described the final action 
required for compact areas; detailed EPA's schedule for taking further 
action to extend the deferral of the effective date of nonattainment 
designations, if appropriate; and described the consequences for 
compact areas that do not meet a milestone. In the April 2004, action, 
we also discussed three compact areas which did not meet the March 31, 
2004, milestone; Knoxville, Memphis, and Chattanooga, Tennessee. 
Knoxville and Memphis were designated nonattainment effective June 15, 
2004. Chattanooga was later determined to have met the March 31, 2004, 
milestone, and we deferred the designation date until September 30, 
2005,(69 FR 34080). This brought the number of participating compact 
areas to 31. Since then 2 additional areas, Haywood and Putnam 
Counties, Tennessee have withdrawn from the program.
    On August 29, 2005, we published a final rule extending the 
deferred effective date of designation from September 30, 2005, to 
December 31, 2006, for the same 14 compact areas. In order to receive 
the second deferral, Early Action Compact areas needed to submit a 
State Implementation Plan with locally adopted measures by December 31, 
2004. The EPA approved the SIP revisions as meeting the EAC Protocol 
and EPA's EAC regulations at 40 CFR 81.300, and these approvals were 
the basis for extending the deferred effective date until December 31, 
2006. Information on local measures, SIP submittals and background on 
the Early Action Compact program may be found on EPA's Web site at 
http://www.epa.gov/ttn/naaqs/ozone/eac/.


A. What progress are compact areas making toward completing their 
milestones?

    In general, the remaining 29 compact areas have made satisfactory 
progress toward timely completion of their milestones. All compact 
areas were required to submit two progress reports, one by December 30, 
2005, and the other by June 30, 2006. In these progress reports, the 
States provided information on progress towards implementing local 
control measures that were incorporated in their SIPs. Each of the EAC 
areas submitted these reports, and after review by EPA, all were 
determined to be in compliance with the requirements of the EAC 
Protocol and the individual State Implementation Plans. Progress 
reports for each area are posted at http://www.epa.gov/ttn/naaqs/ozone/eac/
.

    The EAC areas have one remaining milestone which is to demonstrate 
attainment with the 8-hour ozone NAAQS by December 31, 2007.

B. What is this proposed action for compact areas?

    Today, we are proposing to extend the deferred effective date of 
the nonattainment designation for the 14 compact areas. These 14 areas 
have met all compact milestones through the June 30, 2006, submission. 
We are proposing to extend until April 15, 2008, the deferral of the 
effective date of the 8-hour ozone nonattainment designation for the 
compact area counties listed in Table 1. If this extension is 
finalized, we will revise 40 CFR part 81 in the final rule to reflect 
this extension.

              Table 1.--Compact Areas Which Qualify for a Deferred Effective Date of April 15, 2008
                     [Name of designated 8-hour ozone nonattainment area is in parentheses]
----------------------------------------------------------------------------------------------------------------
                                                                 Counties with        Counties which are part of
              State                     Compact area        designation deferred to  compacts and are designated
                                      (Designated area)          April 15, 2008       unclassifiable/ attainment
----------------------------------------------------------------------------------------------------------------
                                                  EPA--Region 3
----------------------------------------------------------------------------------------------------------------
VA..............................  Northern Shenandoah       Winchester City,
                                   Valley Region,            Frederick County.
                                   (Frederick County, VA),
                                   adjacent to Washington,
                                   DC-MD-VA.
VA..............................  Roanoke Area, (Roanoke,   Roanoke County,
                                   VA).                      Botetourt County,
                                                             Roanoke City, Salem
                                                             City.
MD..............................  Washington County,        Washington County......
                                   (Washington County
                                   (Hagerstown, MD),
                                   adjacent to Washington,
                                   DC-MD-VA.

[[Page 45495]]


WV..............................  The Eastern Pan Handle    Berkeley County,
                                   Region, (Berkeley &       Jefferson County.
                                   Jefferson Counties,
                                   WV), Martinsburg area.
----------------------------------------------------------------------------------------------------------------
                                                  EPA--Region 4
----------------------------------------------------------------------------------------------------------------
NC..............................  Unifour (Hickory-         Catawba County,
                                   Morganton-Lenoir, NC).    Alexander County,
                                                             Burke County (part),
                                                             Caldwell County (part).
NC..............................  Triad, (Greensboro-       Randolph County,         Surry County, Yadkin
                                   Winston-Salem-High        Forsyth County, Davie    County, Stokes County.
                                   Point, NC).               County, Alamance
                                                             County, Caswell
                                                             County, Davidson
                                                             County, Guilford
                                                             County, Rockingham
                                                             County.
NC..............................  Cumberland County,        Cumberland County......
                                   (Fayetteville, NC).
SC..............................  Appalachian--A,           Spartanburg County,      Cherokee County, Pickens
                                   (Greenville-Spartanburg-  Greenville County,       County, Oconee County.
                                   Anderson, SC).            Anderson County.
SC..............................  Central Midlands--I,      Richland County (part),  Newberry County, Fairfield
                                   Columbia area.            Lexington County         County.
                                                             (part).
TN/GA...........................  Chattanooga,              Hamilton County, TN,     Marion County, TN, Walker
                                   (Chattanooga, TN-GA).     Meigs County, TN,        County, GA.
                                                             Catoosa County, GA.
TN..............................  Nashville, (Nashville,    Davidson County,         Robertson County, Cheatham
                                   TN).                      Rutherford County,       County, Dickson County.
                                                             Williamson County,
                                                             Wilson County, Sumner
                                                             County.
TN..............................  Johnson City-Kingsport-   Sullivan Co, TN,         Washington Co, TN, Unicoi
                                   Bristol Area, (TN         Hawkins County, TN.      County, TN, Carter County,
                                   portion only).                                     TN, Johnson County, TN.
----------------------------------------------------------------------------------------------------------------
                                                  EPA--Region 6
----------------------------------------------------------------------------------------------------------------
TX..............................  San Antonio.............  Bexar County, Comal      Wilson County.
                                                             County, Guadalupe
                                                             County.
----------------------------------------------------------------------------------------------------------------
                                                  EPA--Region 8
----------------------------------------------------------------------------------------------------------------
CO..............................  Denver, (Denver-Boulder-  Denver County, Boulder
                                   Greeley-Ft. Collins-      County, (includes part
                                   Love, CO).                of Rocky Mtn. Nat.
                                                             Park), Jefferson
                                                             County, Douglas
                                                             County, Broomfield,
                                                             Adams County, Arapahoe
                                                             County, Larimer County
                                                             (part), Weld County
                                                             (part).
----------------------------------------------------------------------------------------------------------------

C. What is EPA's schedule for taking further action to continue to 
defer the effective date of nonattainment designation for compact 
areas?

    With this action, we are proposing to extend the deferred effective 
date of the nonattainment designation for compact areas which have met 
their obligations through April 15, 2008. No later than December 31, 
2007, each area must attain the 8-hour ozone NAAQS. If the area has 
attained the standard by December 31, 2007, EPA will withdraw the 
deferred nonattainment designation and designate the area as 
attainment. If the area fails to attain by this date, the nonattainment 
designation will become effective on April 15, 2008. For any area for 
which the nonattainment designation becomes effective, pursuant to the 
terms of the compact, the State must submit a revised attainment 
demonstration SIP for the nonattainment area by December 31, 2008.

IV. Statutory and Executive Order Reviews

    This action proposes to extend the deferral of the effective date 
of the nonattainment designation for 14 compact areas until April 15, 
2008.

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under the EO.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
This proposal does not require the collection of any information.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying

[[Page 45496]]

information, processing and maintaining information, and disclosing and 
providing information; adjust the existing ways to comply with any 
previously applicable instructions and requirements; train personnel to 
be able to respond to a collection of information; search data sources; 
complete and review the collection of information; and transmit or 
otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an Agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedures Act or any other statute unless the Agency certifies the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's proposed rule on 
small entities, small entity is defined as:
    1. A small business that is a small industrial entity as defined in 
the Small Business Administration's (SBA) regulations at 13 CFR 
121.201;
    2. A small governmental jurisdiction that is a government of a 
city, county, town, school district or special district with a 
population of less than 50,000; and
    3. A small organization that is any not-for-profit enterprise which 
is independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this rule will not have a significant 
economic impact on a substantial number of small entities. This 
proposed rule will not impose any requirements on small entities. 
Rather, this rule would extend the deferral of the effective date of 
the nonattainment designation for areas that implement control measures 
and achieve emissions reductions earlier than otherwise required by the 
CAA in order to attain the 8-hour ozone NAAQS. We continue to be 
interested in the potential impacts of the proposed rule on small 
entities and welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
1 year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    Today's rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local, or tribal 
governments or the private sector. The EPA has determined that this 
rule contains no regulatory requirements that might significantly or 
uniquely affect small governments. Today's rule defers to a later date 
requirements associated with nonattainment area status for areas that 
have voluntarily entered into Early Action Compacts with EPA. The rule 
imposes no enforceable duty on any State, local or tribal governments 
or the private sector. Thus, today's proposed rule is not subject to 
the requirements of sections 202 and 205 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This proposed rule does not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. The CAA establishes the scheme 
whereby States take the lead in developing plans to meet the NAAQS. 
This proposed rule would not modify the relationship of the States and 
EPA for purposes of developing programs to implement the NAAQS. Thus, 
Executive Order 13132 does not apply to this proposed rule.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on this proposed rule 
from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This proposed rule does not 
have ``Tribal implications'' as specified in Executive Order 13175. It 
does not have a substantial direct effect on one or more Indian Tribes, 
since no Tribe has implemented a CAA program to attain the 8-hour ozone 
NAAQS at this time or has participated in a compact.
    The EPA specifically solicits additional comment on this proposed 
rule from Tribal officials.

[[Page 45497]]

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    Executive Order 13045: ``Protection of Children From Environmental 
Health and Safety Risks'' (62 FR 19885, April 23, 1997) applies to any 
rule that (1) is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. This proposal is not subject to 
Executive Order 13045 because it does not establish an environmental 
standard intended to mitigate health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This proposed rule is not a ``significant energy action'' as 
defined in Executive Order 13211, ``Actions That Significantly Affect 
Energy Supply, Distribution, or Use,'' (66 FR 28355; May 22, 2001) 
because it is not likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer Advancement Act 
of 1995 (NTTAA), Public Law No. 104-113, section 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by VCS bodies. The NTTAA directs EPA to provide Congress, 
through OMB, explanations when the Agency decides not to use available 
and applicable VCS.
    This proposed rulemaking does not involve technical standards. 
Therefore, EPA is not considering the use of any VCS.
    The EPA will encourage States that have compact areas to consider 
the use of such standards, where appropriate, in the development of 
their SIPs.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 requires that each Federal agency make 
achieving environmental justice part of its mission by identifying and 
addressing, as appropriate, disproportionate high and adverse human 
health or environmental effects of its programs, policies, and 
activities on minorities and low-income populations.
    The EPA believes that this proposed rule should not raise any 
environmental justice issues. The health and environmental risks 
associated with ozone were considered in the establishment of the 8-
hour, 0.08 ppm ozone NAAQS. The level is designed to be protective with 
an adequate margin of safety.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control.

    Authority: 42 U.S.C. 7408; 42 U.S.C. 7410; 42 U.S.C. 7501-7511f; 
42 U.S.C. 7601(a)(1).

    Dated: August 3, 2006.
Stephen L. Johnson,
Administrator.

    40 CFR part 81 is proposed to be amended as follows:

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart C--Section 107 Attainment Status Designations

    2. Section 81.300 is amended by revising paragraphs (e)(3)(i) and 
(e)(3)(ii)(B) to read as follows:


Sec.  81.300  Scope.

* * * * *
    (e) * * *
    (3) * * *
    (i) General. Notwithstanding clauses (i) through (iv) of section 
107(d)(1)(B) of the Clean Air Act (42 U.S.C. 7407(d)(1)(B)), the 
Administrator shall defer until April 15, 2008, the effective date of a 
nonattainment designation of any area subject to a compact that does 
not meet (or that contributes to ambient air quality in a nearby area 
that does not meet) the 8-hour ozone national ambient air quality 
standard if the Administrator determines that the area subject to a 
compact has met the requirements in paragraphs (e)(2)(i) through (v) of 
this section.
    (ii) * * *
    (B) Prior to expiration of the deferred effective date on April 15, 
2008, if the Administrator determines that an area or the State subject 
to a compact has not met the requirement in paragraph (e)(2)(vi) of 
this section, the nonattainment designation shall become effective as 
of the deferred effective date, unless EPA takes affirmative rulemaking 
action to further extend the deadline.
* * * * *
 [FR Doc. E6-12960 Filed 8-8-06; 8:45 am]

BILLING CODE 6560-50-P
