

[Federal Register: March 1, 2007 (Volume 72, Number 40)]
[Proposed Rules]               
[Page 9285-9289]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01mr07-19]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2003-0090; FRL-8282-8]
RIN 2060-AO05

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to extend the deferred effective date of 
the air quality designation for the Denver Early Action Compact (EAC) 
from July 1, 2007 to April 15, 2008. Early Action Compact areas have 
agreed to reduce ground-level ozone pollution earlier than the Clean 
Air Act (CAA) requires. On November 29, 2006, EPA extended the deferred 
effective date for the Denver EAC area from December 31, 2006, to July 
1, 2007. In the same rulemaking, EPA also extended the deferred 
effective date for 13 other EAC areas from December 31, 2006 to April 
15, 2008. In the November 29, 2006, final rulemaking, EPA noted that 
there were issues with Denver's EAC that would need to be addressed 
before EPA would extend their deferral until April 15, 2008.

DATES: Comments must be received on or before April 2, 2007.

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.
     Fax: (202) 566-1741.
     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 Constitution Avenue, NW., Room 
3334, 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://.

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 3334, 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.

FOR FURTHER INFORMATION CONTACT: Ms. Barbara Driscoll, Office of Air 
Quality Planning and Standards, U.S. Environmental Protection Agency, 
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 Denver Early Action Compact (EAC) 
area.

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

    1. Submitting CBI. Do not submit information that you consider to 
be CBI electronically 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

[[Page 9286]]

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. Also, 
send an additional copy clearly marked as above not only to the Air 
docket but to: Roberto Morales, c/o OAQPS Document Control Officer, 
(C339-03), U.S. Environmental Protection Agency, Research Triangle 
Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-2004-0014.
    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. How Is This Notice Organized?

    The information presented in this preamble is organized as follows:

Outline

I. General Information
    A. Does This Action Apply to Me?
    B. What Should I Consider as I Prepare My Comments for EPA?
    C. How Is This Notice Organized?
II. What Is the Purpose of This Document?
III. What Action Has EPA Taken to Date for Early Action Compact 
Areas?
IV. What Progress Has the Denver Early Action Compact Area Made?
V. What Is This Proposed Action for the Denver Early Action Compact 
Area?
VI. What Is EPA's Schedule for Taking Further Action for Early 
Action Compact Areas and Specifically for the Denver Early Action 
Compact Area?
VII. 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 extending the deferred 
effective date of the 8-hour ozone nonattainment designation for the 
Denver EAC area from July 1, 2007 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 
deferring the effective date of nonattainment designations for certain 
areas of the country that are participating in the EAC program. The 
EPA's April 30, 2004 air quality designation rule (69 FR 23858) 
provides a description of the compact approach, the requirements for 
areas participating in the program and the impacts of the program on 
those areas.
    On December 31, 2002, we entered into compacts with 33 communities. 
To receive the first deferral, these EAC areas agreed to reduce ground-
level ozone pollution earlier than the CAA would require. The EPA 
agreed to provide an initial deferral of the nonattainment designations 
for those EAC areas that did not meet the 8-hour ozone National Ambient 
Air Quality Standards (NAAQS) as of April 30, 2004, and to provide 
subsequent deferrals contingent on performance vis-[agrave]-vis certain 
milestones. On December 16, 2003 (68 FR 70108), we published our 
proposed rule to defer until September 30, 2005, the effective date of 
designation for EAC areas that did not meet the 8-hour ozone NAAQS. 
Fourteen of the 33 compact areas did not meet the 8-hour ozone NAAQS.
    Our final designation rule published April 30, 2004 (69 FR 23858), 
as amended June 18, 2004 (69 FR 34080), 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 actions/milestones required for compact areas in order to 
remain eligible for a deferred effective date for a nonattainment 
designation; detailed EPA's schedule for taking further action to 
determine whether to further defer the effective date of nonattainment 
designations; 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, two 
additional areas, Haywood and Putnam Counties, Tennessee have withdrawn 
from the program leaving the participating number of compact areas at 
29.
    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 
this second deferral, EAC areas needed to submit a State Implementation 
Plan with locally adopted measures and a modeled attainment 
demonstration by December 31, 2004. The EPA approved the State 
Implementation Plan (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 EAC program may be found on EPA's Web site at http://www.epa.gov/ttn/naaqs/ozone/eac/
.

    On November 29, 2006, we published a final rule extending the 
deferred effective date of designation for 13 EAC areas from December 
31, 2006 to April 15, 2008, and for the Denver EAC area until July 1, 
2007. 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 the required progress reports and 
these reports are available at http://www.epa.gov/ttn/naaqs/ozone/eac/. 

Issues were noted by the State of Colorado with the Denver EAC area 
regarding emissions from oil and gas exploration and production 
condensate

[[Page 9287]]

tanks. In a report and action plan submitted by the State of Colorado 
to EPA, dated June 2, 2006, the State provided information that 
indicated volatile organic compound (VOC) emissions from oil and gas 
operations within the Denver EAC area were higher than had been 
estimated in the attainment demonstration modeling. In response to this 
issue, the State of Colorado initiated public rulemaking activities to 
amend Colorado's Regulation No. 7 to require additional emissions 
reductions from oil and gas exploration and production condensate tanks 
to achieve the level of reductions relied on in the EPA-approved 
modeled attainment demonstration. However, an issue arose because the 
State's rulemaking efforts before the Colorado Air Quality Commission 
(AQCC) in the latter part of 2006 would not be completed before EPA 
needed to publish a final rule for the last deferral of the effective 
date of the nonattainment designations for all of the EAC areas (see 71 
FR 69022, November 29, 2006).
    Based on the above information, EPA decided to defer the effective 
date of the nonattainment designation for the Denver EAC area only 
until July 1, 2007. This decision was designed to accommodate the 
necessary State rulemaking activities and to also ensure that continued 
progress was made on the Regulation No. 7 rulemaking actions as they 
proceeded before the AQCC and State Legislature. In our November 29, 
2006 final rulemaking, we detailed a timeline for subsequent rulemaking 
action for the Denver EAC area which is discussed below.

IV. What Progress Has the Denver Early Action Compact Area Made?

    On December 31, 2006, the State of Colorado submitted their 
progress report for the Denver EAC area to EPA indicating that progress 
had been made in several areas. On September 21, 2006 the Colorado 
Department of Public Health and Environment's (CDPHE) Air Pollution 
Control Division (APCD) presented proposed revisions to Colorado's 
Regulation No. 7, before the Colorado AQCC, for a more stringent 
regulatory scheme to control VOC's from oil and gas exploration and 
production condensate tanks located in the Denver EAC area. These 
proposed revisions to Section XII of Regulation No. 7 were amended and 
adopted by the AQCC on December 17, 2006 along with associated 
revisions to the EPA-approved Denver EAC Ozone Action Plan. These AQCC 
rulemaking actions will achieve the required VOC emissions reductions 
from the oil and gas exploration and production condensate tanks that 
are located within the Denver EAC area boundary. In addition, the State 
continues working with all parties to reduce emissions of ozone and its 
precursors.
    The EPA's proposed deferral of the effective date of the 
nonattainment designation of the Denver EAC area to April 15, 2008, is 
based upon the actions of the AQCC on December 17, 2006 to approve 
revisions to Colorado's Regulation No. 7 and also in consideration of 
the review of those AQCC-approved revisions, from January 15, 2007 to 
February 15, 2007, by the Colorado State Legislature. In view of 
Colorado's Legislative process for reviewing SIP revisions, we note 
that as of February 15, 2007 the State Legislature did not object or 
seek further review of the December 17, 2006 actions of the AQCC. Based 
on the above, we were advised by the State on February 16, 2007, that 
the December 17, 2006 actions of the AQCC to adopt changes to its 
Regulation No. 7 are, therefore, directed by State statute to be 
submitted to EPA for final approval and incorporation into the State 
Implementation Plan. We also note that before we take final action on 
the proposed deferral, we will consider any additional actions of the 
State, as well as comments received.

V. What Is This Proposed Action for the Denver Early Action Compact 
Area?

    The EPA has determined that sufficient progress has been made by 
the Denver EAC area in order to propose extending the deferral of the 
nonattainment designation from July 1, 2007, until April 15, 2008. 
Based on comments received on this proposal and the actions of the 
State Legislature, EPA will make a determination on finalizing this 
extension.

VI. What Is EPA's Schedule for Taking Further Action for Early Action 
Compact Areas and Specifically for the Denver Early Action Compact 
Area?

    All EAC areas have one remaining milestone which is to demonstrate 
attainment with the 8-hour ozone NAAQS by December 31, 2007. No later 
than April 15, 2008, we will determine whether the compact areas that 
received a deferred effective date of April 15, 2008, attained the 8-
hour ozone NAAQS by December 31, 2007, and met all compact milestones. 
If the area did not attain the standard, the nonattainment designation 
will take effect. If the compact area attained the standard, EPA will 
designate the area as attainment. Any compact area that did not attain 
the NAAQS and thus has an effective nonattainment designation will be 
subject to the full planning requirements of title I, part D of the 
CAA, and the area will be required to submit a revised attainment 
demonstration SIP within 1 year of the effective date of designation. 
As described above, the Colorado Air Quality Control Commission has 
undertaken rulemaking to address shortfalls in VOC emissions reductions 
for the Denver EAC. These rule revisions are designed to achieve 
greater VOC emission reductions from the oil and gas industry. We note 
the rule revisions contain a compliance date of May 1, 2007, which is 
just before the beginning of the Colorado high ozone season.
    As noted above, the Colorado Legislature considered these rule 
revisions from January 15, 2007 to February 15, 2007 and did not object 
or seek further review of the December 17, 2006 actions of the AQCC to 
approve these revisions to Colorado's Regulation No. 7. Therefore, 
pursuant to Colorado State statute and the State Legislative process 
for considering SIP revisions, as of February 16, 2007 these Regulation 
No. 7 revisions will be forwarded to the Governor for his submittal to 
EPA for our approval.
    A likely schedule for EPA's subsequent rulemaking action for the 
deferral of the effective date of the designation of the Denver EAC 
area to April 15, 2008 is:

--April, 2007; EPA evaluates all public comments.
--May 1, 2007; EPA prepares a final rule and starts its internal 
concurrence process.
--On or about May 25, 2007; Signature on the final rule by the 
Administrator.
--June 1, 2007; Publication in the Federal Register of the final rule 
and that rule will have a 30-day effective date.

    The above schedule will allow EPA appropriate time to complete a 
final deferral of the Denver EAC area nonattainment effective date to 
April 15, 2008, if EPA determines that is the appropriate action to 
take. As with the other EAC areas with a deferred nonattainment 
designation, if we extend the deferral of the Denver EAC area's 
nonattainment designation until April 15, 2008, the area will be 
designated nonattainment if it doesn't show attainment by December 31, 
2007.

[[Page 9288]]

VII. 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 (E.O.) 12866 (58 FR 51735; October 4, 1993) 
and is therefore not subject to review under the E.O.

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 proposed rule 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 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 Office of Management and Budget (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 this 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 this 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 deferred effective date of the 
nonattainment designation for the Denver area to implement control 
measures and achieve emissions reductions earlier than otherwise 
required by the CAA in order to attain the 8-hour ozone NAAQS.

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.
    The EPA has determined that this proposed rule does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and Tribal governments, in the aggregate, or the 
private sector in any 1 year. In this proposed rule, EPA is deferring 
the effective date of nonattainment designations for certain areas that 
have entered into compacts with us. Thus, this proposed rulemaking 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 E.O. 
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, 
E.O. 13132 does not apply to this proposed 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 E.O. 13175. It does not 
have a substantial direct effect on one or more Indian Tribes, since no 
Tribe has

[[Page 9289]]

implemented a CAA program to attain the 8-hour ozone NAAQS at this time 
or has participated in a compact.

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 E.O. 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 E.O. 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 E.O. 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 rule is not subject to E.O. 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 E.O. 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 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 rule 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 (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.
    The 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 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: February 23, 2007.
Stephen L. Johnson,
Administrator.
[FR Doc. E7-3584 Filed 2-28-07; 8:45 am]

BILLING CODE 6560-50-P
