

[Federal Register: March 13, 2007 (Volume 72, Number 48)]
[Proposed Rules]               
[Page 11307-11313]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13mr07-14]                         

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 52

[EPA-HQ-OAR-2006-0903; FRL-8286-8]

 
Public Hearings and Submission of Plans

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing changes to EPA's regulations specifying the 
public hearing requirements for State Implementation Plan (SIP) 
submissions, identifying the method for submission of SIPs and 
preliminary review of plans; and revising the criteria for determining 
the completeness of plan submissions requirements to reflect the 
changes to the public hearing and plan submission requirements. EPA is 
also making administrative changes to update the addresses to several 
Regional offices. These proposed revisions will modify when state 
agencies are required to hold public hearings, modify the number of 
hard copies of SIP submissions required to be submitted to the Regional 
office and the administrative portion of the completeness criteria for 
plan submissions.

DATES: Comments must be received on or before April 12, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0903 by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for 

submitting comments.
    2. E-mail: lakeman.sean@epa.gov.

[[Page 11308]]

    3. Fax: 404-562-9019.
    4. Mail: ``EPA-HQ-OAR-2006-0903'', Regulatory Development Section, 
Air Planning Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960.5.
    5. Hand Delivery: Sean Lakeman, Regulatory Development Section, Air 
Planning Branch, Air, Pesticides and Toxics Management Division 12th 
floor, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only 
accepted during the Regional Office's normal hours of operation. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0903. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 

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

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

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

comments, go to unit I.B of the SUPPLEMENTARY INFORMATION section of 
this preamble.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 

information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov
 or in hard copy at the Regulatory Development 

Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all 
possible, you contact the person listed in the FOR FURTHER INFORMATION 
CONTACT section to schedule your inspection. The Regional Office's 
official hours of business are Monday through Friday, 8:30 to 4:30, 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: For general questions concerning 
today's rule, please contact Sean Lakeman, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9043. Mr. Lakeman can also be reached via electronic mail at 
lakeman.sean@epa.gov.


SUPPLEMENTARY INFORMATION: The information presented in this preamble 
is organized as follows:

I. General Information
II. Background
III. Proposed Actions
IV. Administrative Changes
V. Statutory and Executive Order Reviews

I. General Information

A. Does This Action Apply to Me?

    The proposed revisions will modify the public hearing requirements 
for SIPs. The proposed revision will also modify the number of hard 
copies States are required to submit to the Regional office. We are 
also proposing to revise the administrative portion of the completeness 
criteria to reflect the changes to the public hearing and plan 
submission requirements. These actions may affect anyone wanting to 
participate in the rulemaking process. If you have any questions 
regarding the applicability of this rule to a particular entity, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.

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

    1. Expedited Review. To expedite review of your comments by Agency 
staff, you are encouraged to send a separate copy of your comments, in 
addition to the copy you submit to the official docket, to: Sean 
Lakeman, Regulatory Development Section, Air Planning Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can 
also be reached via electronic mail at lakeman.sean@epa.gov.
    2. Submitting CBI. Do not submit CBI to EPA through http://www.regulations.gov
 or e-mail. Clearly mark the part or all of the 

information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. Send or deliver information 
identified as CBI only to the following address Sean Lakeman, 
Regulatory Development Section, Air Planning Branch, Air, Pesticides 
and Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The 
telephone number is (404) 562-9043. Mr. Lakeman can also be reached via 
electronic mail at lakeman.sean@epa.gov. Attention Docket ID No. EPA-
HQ-OAR-2006-0903.
    3. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.

[[Page 11309]]

    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background

    Today, EPA is proposing to change the requirements of 40 CFR 
51.102, 51.103 and Appendix V to Part 51. In addition, we are making 
administrative changes to 40 CFR 52.02 and 52.16 to update the 
addresses for several of the EPA Regional offices.
    The Clean Air Act (CAA) provides that each revision to an SIP 
submitted by a State must be adopted by such State ``after reasonable 
notice and public hearing.'' EPA's regulations on public hearings in 40 
CFR 51.102(a) state ``Except as otherwise provided in paragraph (c) of 
this section, States must conduct one or more public hearings on the 
following prior to adoption and submission to EPA.'' The completeness 
criteria indicate that a complete submission must include ``Evidence 
that public notice was given of the proposed change consistent with 
procedures approved by EPA, including the date of publication of such 
notice'' and ``Certification that public hearings(s) were held in 
accordance with the information provided in the public notice and the 
State's laws and constitution, if applicable.'' 40 CFR part 51, 
appendix V (2.1)(f) and (g). Following these public hearing 
requirements, states hold public hearings on any revision to a SIP, no 
matter how minor or noncontroversial and these hearings consume both 
valuable time and resources, whether or not the public participates in 
these hearings.
    Forty CFR 51.103(a) and (b) require states to submit ``five copies 
of the plan to the appropriate Regional Office.'' The completeness 
criteria in Appendix V(2.1)(d) of part 51 provide that a complete 
submission must include ``indication of the changes made to the 
existing approved plan, where applicable.'' Since the time these 
regulations were promulgated, electronic access to documents has become 
readily available and there is no longer the same need for the State to 
provide multiple printed copies of the submitted plan. We are proposing 
to revise these regulations to allow the Regions and the States 
flexibility to determine the number of printed and electronic copies of 
the plan submission necessary to ensure full public access to the 
submitted plan (including identification of the changes made) and to 
allow the agency to review the plan for approvability.
    Since the promulgation of 40 CFR 52.02 and 52.16, the Region 3, 
Region 4, Region 7 and Region 8 offices have relocated and EPA is 
revising these sections to reflect the correct addresses for these 
Regional offices.

III. Proposed Actions

(1) Section 51.102 Public Hearings

    Section 51.102(a) currently states ``Except as otherwise provided 
in paragraph (c) of this section, States must conduct one or more 
public hearings on the following prior to adoption and submission to 
EPA of:'' EPA proposes to revise this section to read ``Except as 
otherwise provided in paragraph (c) of this section and within the 30 
day notification period as required by paragraph (d) of this section, 
States must provide notice, provide the opportunity to submit written 
comments and allow the public the opportunity to request a public 
hearing. The State must hold a public hearing or provide the public the 
opportunity to request a public hearing by including the date, place 
and time of hearing in the notice announcing the 30 day notification 
period. If the State provides the public the opportunity to request a 
public hearing and a request is received the State must hold the 
scheduled hearing. If no request for a public hearing is received 
during the 30 day notification period and the original notice 
announcing the 30 day notification period clearly states that if no 
request for a public hearing is received the hearing will be cancelled, 
then the public hearing may be cancelled. These requirements apply for 
adoption and submission to EPA of:''
    The current regulation as written requires states to hold public 
hearings for any revision to SIPs. States currently hold public 
hearings whether or not the public attends and participates in these 
hearings. Many of these plan revisions are minor or noncontroversial in 
nature and no member of the public or the regulated community attends 
or participates in the hearing. These hearings consume both valuable 
time and resources. Rather than requiring a public hearing for all SIP 
revisions, the proposed revision will allow states to determine those 
actions for which there may be little or no interest by the public or 
the regulated community and, for those actions, to provide the public 
the opportunity to request a public hearing. If no request for public 
hearing is made, then the State would have fulfilled the requirements 
of 51.102(a) and no public hearing is required to be held.
    Whether or not a public hearing is held, the State is required to 
provide a 30-day period for the written submission of comments from the 
public.
    The proposed rule change defines the minimum requirements for 
satisfying the ``after reasonable notice and public hearing'' or 
``after public notice and opportunity for public hearing'' requirements 
of the CAA. With today's multiple means of communication available to 
the public, EPA believes this rule revision will have no affect on 
public participation in the rulemaking process, but will help state 
agencies reduce costs by not needing to pay for facilities for public 
hearings for which no one is interested in attending and participating. 
In addition, it will increase efficiency by allowing limited staff 
resources to be devoted to productive activities rather than staffing a 
hearing that is not attended.
    Section 51.102(f) currently states ``The State must submit with the 
plan, revision, or schedule a certification that the hearing required 
by paragraph (a) of this section was held in accordance with the notice 
required by paragraph (d) of this section.'' EPA proposes to revise 
this section to read ``The State must submit with the plan, revision, 
or schedule, a certification that the requirements in paragraph (a) and 
(d) of this section were met. Such certification will include the date 
and place of any public hearing (s) held or that no public hearing was 
requested during the 30 day notification period.''
    The purpose of this revision is to eliminate the reference to 
public hearings in light of the proposed revision to allow the State to 
provide the opportunity for a public hearing. Thus, we are simplifying 
the language to provide the State must certify that it has met the 
public hearing and public notification requirements of section 
51.102(a) and (d).

(2) Section 51.103 Submission of Plans, Preliminary Review of Plans

    Section 51.103(a) currently states ``The State makes an official 
plan submission to EPA only when the submission conforms to the 
requirements of appendix V to this part, and the State delivers five 
copies of the plan to the appropriate Regional Office,

[[Page 11310]]

with a letter giving notice of such action.'' And Section 51.103(b) 
currently states ``Upon request of a State, the Administrator will 
provide preliminary review of a plan or portion thereof submitted in 
advance of the date such plan is due. Such requests must be made in 
writing to the appropriate Regional Office and must be accompanied by 
five copies of the materials to be reviewed. Requests for preliminary 
review do not relieve a State of the responsibility of adopting and 
submitting plans in accordance with prescribed due dates.''
    EPA is proposing to revise section 51.103(a) to read ``The State 
makes an official plan submission to EPA only when the submission 
conforms to the requirements of appendix V to this part, and the State 
delivers five hard copies or at least two hard copies with an 
electronic version of the hard copy (unless otherwise agreed to by the 
State and Regional Office) of the plan to the appropriate Regional 
Office, with a letter giving notice of such action. If the State 
submits an electronic copy, it must be an exact duplicate of the hard 
copy.''
    EPA is proposing to revise section 51.103(b) to read ``Upon request 
of a State, the Administrator will provide preliminary review of a plan 
or portion thereof submitted in advance of the date such plan is due. 
Such requests must be made in writing to the appropriate Regional 
Office, must indicate changes (such as, redline/strikethrough) to the 
existing approved plan, where applicable and must be accompanied by 
five hard copies or at least two hard copies with an electronic version 
of the hard copy (unless otherwise agreed to by the State and Regional 
Office). Requests for preliminary review do not relieve a State of the 
responsibility of adopting and submitting plans in accordance with 
prescribed due dates.'' These proposed revisions establish the minimum 
required number of electronic and hard copies to be submitted with all 
official submittals or preliminary requests for EPA review.
    With today's use of electronic processing and the use of the 
internet these revisions align the regulatory requirements with the way 
States and EPA interact and with the way information is made available 
to the public. Rulemaking dockets are now available electronically, 
providing greater access to the public because there are no geographic 
or time limits on where or when documents may be obtained. Previously, 
when the dockets were comprised solely of hard copies of documents, the 
public needed to travel to specified locations to review the docket and 
the docket was available only during business hours. These revisions 
will reduce costs for States but will not interfere with the public's 
access to SIP revisions being reviewed by EPA. Rather, as described 
above, the availability of electronic files simplifies access for the 
public.

(3) Appendix V of Part 51--Criteria for Determining the Completeness of 
Plan Submissions

    The completeness criteria in Appendix V identify the minimum 
elements needed for a SIP to be determined complete and thus to be 
reviewed for approvability. We are proposing to revise the completeness 
criteria to conform to the revisions above regarding public hearing 
requirements and official plan submissions.
    To be complete, paragraph 2.1(d) of the completeness criteria, 
currently require that the submission include ``A copy of the actual 
regulation, or document submitted for approval and incorporation by 
reference into the plan, including indication of the changes made to 
the existing approved plan, where applicable. The submittal shall be a 
copy of the official State regulation/document signed, stamped, dated 
by the appropriate State official indicating that it is fully 
enforceable by the State. The effective date of the regulation/document 
shall, whenever possible, be indicated in the document itself.'' EPA is 
proposing to revise this paragraph to include the underlined language: 
``A copy of the actual regulation, or document submitted for approval 
and incorporation by reference into the plan, including indication of 
the changes made (such as, redline/strikethrough) to the existing 
approved plan, where applicable. The submittal shall be a copy of the 
official State regulation/ document signed, stamped and dated by the 
appropriate State official indicating that it is fully enforceable by 
the State. The effective date of the regulation/document shall, 
whenever possible, be indicated in the document itself. If the State 
submits an electronic copy, it must be an exact duplicate of the hard 
copy with changes indicated, signed documents need to be in portable 
document format, rules need to be in text format and files need to be 
submitted in manageable amounts (e.g., a file for each section or 
chapter, depending on size, and separate files for each distinct 
document) unless otherwise agreed to by the State and Regional 
Office.''
    Paragraph 2.1(g) currently states that a complete plan must 
include:

    ``Certification that public hearings(s) were held in accordance 
with the information provided in the public notice and the State's 
laws and constitution, if applicable.'' EPA proposes to revise 
paragraph (g) to read ``Certification that public hearing(s) were 
held in accordance with the information provided in the public 
notice and the State's laws and constitution, if applicable and 
consistent with the public hearing requirements in 40 CFR 51.102.''

IV. Administrative Changes

    Since the promulgation of 40 CFR 52.02 and 52.16 EPA Regional 
Offices 3, 4, 7 and 8 have relocated. EPA is making the following 
revision to 40 CFR 52.02 and 52.16 to provide the public with the 
current addresses of Regions 3, 4, 7 and 8 offices.
    40 CFR 52.02(d)(2)(iii) currently states ``Delaware, District of 
Columbia, Pennsylvania, Maryland, Virginia, and West Virginia. 
Environmental Protection Agency, Region 3, 841 Chestnut Building, 
Philadelphia, PA 19107.'' EPA is revising the address for Region 3 to 
read ``Delaware, District of Columbia, Pennsylvania, Maryland, 
Virginia, and West Virginia. Environmental Protection Agency, Region 3, 
1650 Arch Street, Philadelphia, PA 19103-2029.'' and 40 CFR 52.16(b)(3) 
currently states ``Delaware, District of Columbia, Pennsylvania, 
Maryland, Virginia, and West Virginia. EPA Region 3, 841 Chestnut 
Building, Philadelphia, PA 19107.'' EPA is revising the address for 
Region 3 to read ``Delaware, District of Columbia, Pennsylvania, 
Maryland, Virginia, and West Virginia. EPA Region 3, 1650 Arch Street, 
Philadelphia, PA 19103-2029.''
    Section 52.02(d)(2)(iv) currently states ``Alabama, Florida, 
Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and 
Tennessee Environmental Protection Agency, Region 4, 345 Courtland 
Street, N.E., Atlanta, GA 30365.'' EPA is revising the address for 
Region 4 to read ``Alabama, Florida, Georgia, Kentucky, Mississippi, 
North Carolina, South Carolina, and Tennessee. Environmental Protection 
Agency, Region 4, 61 Forsyth Street, Atlanta, Georgia 30303.'' and 
Section 52.16(b)(4) currently states ``Alabama, Florida, Georgia, 
Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee. 
EPA Region 4, 345 Courtland Street, NE., Atlanta, GA 30365.'' EPA is 
revising the address for Region 4 to read ``Alabama, Florida, Georgia, 
Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee. 
EPA Region 4, 61 Forsyth Street, Atlanta, Georgia 30303.''
    40 CFR 52.02(d)(2)(vii) currently states ``Iowa, Kansas, Missouri, 
and Nebraska. Environmental Protection Agency, Region 7, 726 Minnesota 
Avenue, Kansas City, KS 66101.'' EPA is

[[Page 11311]]

revising the address for Region 7 to read ``Iowa, Kansas, Missouri, and 
Nebraska. Environmental Protection Agency, Region 7, 901 North 5th 
Street, Kansas City, KS 66101.'' and 40 CFR 52.16(b)(7) currently 
states ``Iowa, Kansas, Missouri, and Nebraska. EPA Region 7, 726 
Minnesota Avenue, Kansas City, KS 66101.'' EPA is revising the address 
for Region 7 to read ``Iowa, Kansas, Missouri, and Nebraska. EPA Region 
7, 901 North 5th Street, Kansas City, KS 66101.''
    40 CFR 52.02(d)(2)(viii) currently states ``Colorado, Montana, 
North Dakota, South Dakota, Utah, and Wyoming. Environmental Protection 
Agency, Region 8, 999 18th Street, Suite 500, Denver, CO 80202-2466.'' 
EPA is revising the address for Region 8 to read ``Colorado, Montana, 
North Dakota, South Dakota, Utah, and Wyoming. Environmental Protection 
Agency, Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129.'' and 40 
CFR 52.16(b)(8) currently states ``Colorado, Montana, North Dakota, 
South Dakota, Utah, and Wyoming. EPA, Region 8, 999 18th Street, Suite 
500, Denver, CO 80202-2466.'' EPA is revising the address for Region 8 
to read ``Colorado, Montana, North Dakota, South Dakota, Utah, and 
Wyoming. EPA, Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129.''

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA 
must determine whether the regulatory action is ``significant'' and, 
therefore, subject to the Office of Management and Budget (OMB) review 
and the requirements of the Executive Order. The order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may: (1) Have an annual effect on the economy of $100 million 
or more or adversely affect in a material way the economy, a sector of 
the economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities; (2) Create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency; (3) Materially alter 
the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients thereof; or (4) 
Raise novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in the Executive 
Order. Pursuant to the terms of Executive Order 12866, it has been 
determined that the proposed rule is not a ``significant regulatory 
action'' because none of the above factors applies. As such, this 
proposed rule was not formally submitted to OMB for review.

B. Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
This proposed rule only modifies the public hearing requirements for 
SIPs by clarifying that public hearings need only be held when 
requested by the public rather than automatically and provides a less 
costly alternative to the pre-existing requirement to submit five 
printed copies of each SIP revision. The present proposed rule does not 
establish any new information collection burden apart from that 
required by law. Burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information. An agency may not conduct or sponsor, and a person is not 
required to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedures Act or any other statute unless the agency certifies the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions. For purposes 
of assessing the impacts of today's proposed rule on small entities, 
small entity is defined as: (1) A small business that is a small 
industrial entity as defined in the U.S. Small Business Administration 
(SBA) size standards (See 13 CFR 121.); (2) a small governmental 
jurisdiction that is a government of a city, county, town, school 
district or special district with a population of less than 50,000; and 
(3) a small organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field. This 
proposed rule only modifies the public hearing requirements for SIPs by 
clarifying that public hearings need only be held when requested by the 
public rather than automatically and provides a less costly alternative 
to the pre-existing requirement to submit five printed copies of each 
SIP revision. After considering the economic impacts of today's 
proposed rule on small entities, I certify that this rule will not have 
a significant economic impact on a substantial number of small 
entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and Tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and Tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation to why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including Tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory

[[Page 11312]]

proposals with significant Federal intergovernmental mandates, and 
informing, educating, and advising small governments on compliance with 
the regulatory requirements. Today's proposed rule does not include a 
Federal mandate within the meaning of UMRA that may result in 
expenditures of $100 million or more in any one year by either State, 
local, or Tribal governments in the aggregate or to the private sector, 
and therefore, is not subject to the requirements of sections 202 and 
205 of the UMRA. This proposed rule only modifies the public hearing 
requirements for SIPs by clarifying that public hearings need only be 
held when requested by the public rather than automatically and 
provides a less costly alternative to the pre-existing requirement to 
submit five printed copies of each SIP revision.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.'' This 
proposed rule only modifies the public hearing requirements for SIPs by 
clarifying that public hearings need only be held when requested by the 
public rather than automatically and provides a less costly alternative 
to the pre-existing requirement to submit five printed copies of each 
SIP revision. This proposed rule will not modify the relationship of 
the States and EPA for purposes of developing programs to implement the 
NAAQS. Thus, Executive Order 13132 does not apply to this rule.

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

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This proposed rule does not 
have ``Tribal implications'' as specified in Executive Order 13175. 
This proposed rule only modifies the public hearing requirements for 
SIPs by clarifying that public hearings need only be held when 
requested by the public rather than automatically and provides a less 
costly alternative to the pre-existing requirement to submit five 
printed copies of each SIP revision. The Clean Air Act and the Tribal 
Authority Rule establish the relationship of the Federal Government and 
Tribes in developing plans to attain the NAAQS, and this rule does 
nothing to modify that relationship.

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

    Executive Order 13045: ``Protection of Children From Environmental 
Health and Safety Risks'' (62 FR 19885, April 23, 1997) applies to any 
rule that (1) is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency. This 
proposed rule only modifies the public hearing requirements for SIPs by 
clarifying that public hearings need only be held when requested by the 
public rather than automatically and provides a less costly alternative 
to the pre-existing requirement to submit five printed copies of each 
SIP revision. The proposed rule is not subject to Executive Order 13045 
because it is not economically significant as defined in E.O. 12866, 
and because the Agency does not have reason to believe the 
environmental health risks or safety risks addressed by this rule 
present a disproportionate risk to children.

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

    This rule is not subject to Executive Order 13211, ``Actions That 
Significantly Affect Energy Supply, Distribution, or Use,'' (66 FR 
28355, May 22, 2001) because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer Advancement Act 
of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by VCS bodies. The NTTAA directs EPA to provide Congress, 
through OMB, explanations when the Agency decides not to use available 
and applicable VCS. This rule does not involve technical standards. 
Therefore, EPA did not consider the use of any VCS.

List of Subjects in 40 CFR Parts 51 and 52

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Carbon monoxide, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Transportation, Volatile 
organic compounds.

    Dated: March 7, 2007.
Stephen L. Johnson,
Administrator.
    In consideration of the foregoing, the Environmental Protection 
Agency proposes to amend 40 CFR parts 51 and 52 as follows:

PART 51--[AMENDED]

    1. The authority citation for part 51 continues to read as follows:

    Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7641q.

    2. Section 51.102 is amended by revising paragraphs (a) 
introductory text and (f) to read as follows:


Sec.  51.102  Public hearings.

    (a) Except as otherwise provided in paragraph (c) of this section 
and within the 30 day notification period as required by paragraph (d) 
of this section, States must provide notice, provide the opportunity to 
submit written comments and allow the public the opportunity to request 
a public hearing. The State must hold a public hearing or provide the 
public the opportunity to request a public hearing by including the 
date, place and time of hearing in the notice announcing the 30 day 
notification period. If the State provides the public the opportunity 
to request a public hearing and a request is received the State must 
hold the scheduled hearing. If no request for a public hearing is 
received during the 30 day notification period and the original

[[Page 11313]]

notice announcing the 30 day notification period clearly states that if 
no request for a public hearing is received the hearing will be 
cancelled, then the public hearing may be cancelled. These requirements 
apply for adoption and submission to EPA of:
* * * * *
    (f) The State must submit with the plan, revision, or schedule, a 
certification that the requirements in paragraph (a) and (d) of this 
section were met. Such certification will include the date and place of 
any public hearing(s) held or that no public hearing was requested 
during the 30 day notification period.
* * * * *
    3. Section 51.103 is revised to read as follows:


Sec.  51.103  Submission of plans, preliminary review of plans.

    (a) The State makes an official plan submission to EPA only when 
the submission conforms to the requirements of appendix V to this part, 
and the State delivers five hard copies or at least two hard copies 
with an electronic version of the hard copy (unless otherwise agreed to 
by the State and Regional Office) of the plan to the appropriate 
Regional Office, with a letter giving notice of such action. If the 
State submits an electronic copy, it must be an exact duplicate of the 
hard copy.
    (b) Upon request of a State, the Administrator will provide 
preliminary review of a plan or portion thereof submitted in advance of 
the date such plan is due. Such requests must be made in writing to the 
appropriate Regional Office, must indicate changes (such as, redline/
strikethrough) to the existing approved plan, where applicable and must 
be accompanied by five hard copies or at least two hard copies with an 
electronic version of the hard copy (unless otherwise agreed to by the 
State and Regional Office). Requests for preliminary review do not 
relieve a State of the responsibility of adopting and submitting plans 
in accordance with prescribed due dates.
    4. Appendix V to Part 51 is amended by revising paragraphs (d) and 
(g) under Section 2.1 to read as follows:

Appendix V of Part 51--Criteria for Determining the Completeness of 
Plan Submissions

* * * * *

2.1. * * *

    (d) A copy of the actual regulation, or document submitted for 
approval and incorporation by reference into the plan, including 
indication of the changes made (such as, redline/strikethrough) to 
the existing approved plan, where applicable. The submittal shall be 
a copy of the official State regulation/document signed, stamped and 
dated by the appropriate State official indicating that it is fully 
enforceable by the State. The effective date of the regulation/
document shall, whenever possible, be indicated in the document 
itself. If the State submits an electronic copy, it must be an exact 
duplicate of the hard copy with changes indicated, signed documents 
need to be in portable document format, rules need to be in text 
format and files need to be submitted in manageable amounts (e.g., a 
file for each section or chapter, depending on size, and separate 
files for each distinct document) unless otherwise agreed to by the 
State and Regional Office.
* * * * *
    (g) Certification that public hearing(s) were held in accordance 
with the information provided in the public notice and the State's 
laws and constitution, if applicable and consistent with the public 
hearing requirements in 40 CFR 51.102.
* * * * *

PART 52--[AMENDED]

    5. The authority citation for part 52 continues to read as follows:

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

    6. Section 52.02 is amended by revising paragraphs ``(d)(2)(iii)'', 
``(d)(2)(iv)'', ``(d)(2)(vii)'', and ``(d)(2)(viii)'' to read as 
follows:


Sec.  52.02  Introduction.

* * * * *
    (d) * * *
    (2) * * *
    (iii) Delaware, District of Columbia, Pennsylvania, Maryland, 
Virginia, and West Virginia. Environmental Protection Agency, Region 3, 
1650 Arch Street, Philadelphia, PA 19103-2029.
    (iv) Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, and Tennessee. Environmental Protection 
Agency, Region 4, 61 Forsyth Street, Atlanta, Georgia 30303.
* * * * *
    (vii) Iowa, Kansas, Missouri, and Nebraska. Environmental 
Protection Agency, Region 7, 901 North 5th Street, Kansas City, KS 
66101.
    (viii) Colorado, Montana, North Dakota, South Dakota, Utah, and 
Wyoming. Environmental Protection Agency, Region 8, 1595 Wynkoop 
Street, Denver, CO 80202-1129.
* * * * *
    7. Section 52.16 is amended by revising paragraphs ``(b)(3)'', 
``(b)(4)'', ``(b)(7)'' and ``(b)(8)'' to read as follows:


Sec.  52.16  Submission to administrator.

* * * * *
    (b) * * *
    (3) Delaware, District of Columbia, Pennsylvania, Maryland, 
Virginia, and West Virginia. EPA Region 3, 1650 Arch Street, 
Philadelphia, PA 19103-2029.
    (4) Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, and Tennessee. EPA Region 4, 61 Forsyth 
Street, Atlanta, Georgia 30303.
* * * * *
    (7) Iowa, Kansas, Missouri, and Nebraska. EPA Region 7, 901 North 
5th Street, Kansas City, KS 66101.
    (8) Colorado, Montana, North Dakota, South Dakota, Utah, and 
Wyoming. EPA, Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129.
* * * * *
[FR Doc. E7-4563 Filed 3-12-07; 8:45 am]

BILLING CODE 6560-50-P
