6560-50-P

			ENVIRONMENTAL PROTECTION AGENCY

	40 CFR PART 52

						[FRL-          ]

Completeness Findings for Section 110(a) State Implementation Plans 

for the 8-hour Ozone NAAQS

AGENCY:  Environmental Protection Agency (EPA).					

ACTION:  Final Rule.

SUMMARY:  The EPA is making a finding concerning whether or not each
State has submitted a complete State Implementation Plan (SIP) that
provides the basic program elements specified in Clean Air Act section
110(a)(2) necessary to implement the 1997  8-hour ozone National Ambient
Air Quality Standards (NAAQS).  By this action, EPA is identifying those
States that:  (i) have failed to make a complete submission for all
requirements; (ii) have failed to make a complete submission for
specific requirements; or (iii) have made a complete submission.  The
findings of failure to submit for all or a portion of a State’s SIP
establish a 24-month deadline for EPA to promulgate Federal
Implementation Plans (FIPs) to address the outstanding SIP elements
unless, prior to that time, the affected States submit, and EPA
approves, the required SIPs.  The findings that all, or portions of a
State’s SIP submission, is complete establishes a 12-month deadline
for EPA to take action upon the complete SIP elements in accordance with
section 110(k).

DATES:  The effective date of this rule is [INSERT DATE 30 DAYS AFTER
PUBLICATION IN THE FEDERAL REGISTER].

FOR FURTHER INFORMATION CONTACT:  General questions concerning this
notice should be addressed to Mr. Larry D. Wallace, Ph.D., Office of Air
Quality Planning and Standards, Air Quality Policy Division, Mail Code
C504-2, 109 TW Alexander Drive, Research Triangle Park, N.C. 27709;
telephone (919) 541-0906.

SUPPLEMENTARY INFORMATION:

Section 553 of the Administrative Procedures Act, 5 U.S.C. 553(b)(B),
provides that, when an agency for good cause finds that notice and
public procedure are impracticable, unnecessary or contrary to the
public interest, the agency may issue a rule without providing notice
and an opportunity for public comment.  EPA has determined that there is
good cause for making today’s rule final without prior proposal and
opportunity for comment because no significant EPA judgment is involved
in making a finding of failure to submit SIPs, or elements of SIPs,
required by the CAA, where states have made no submissions, or
incomplete submissions, to meet the requirement by the statutory date. 
Thus, notice and public procedure are unnecessary.  EPA finds that this
constitutes good cause under 5 U.S.C. 553(b)(B).

  	For questions related to a specific State please contact the
appropriate regional office:

Regional Offices	States

Dave Conroy, Acting Branch Chief, Air Programs Branch, EPA New England,
I Congress Street, Suite 1100, Boston, MA 02203-2211.	Connecticut,
Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.

Raymond Werner, Chief, Air Programs Branch, EPA Region II, 290 Broadway,
21th Floor, New York, NY 10007-1866.	New Jersey, New York, Puerto Rico,
and Virgin Islands.

Christina Fernandez, Acting Branch Chief, Air Quality Planning Branch,
EPA Region 111, 1650 Arch Street, Philadelphia, PA 19103-2187.	Delaware,
District of Columbia, Maryland, Pennsylvania, Virginia, and West
Virginia.

Dick A. Schutt, Chief, Regulatory Development Section, EPA Region IV,
Sam Nun Atlanta Federal Center, 61 Forsyth, Street, SW, 12th Floor,
Atlanta, GA 30303.	Alabama, Florida, Georgia, Kentucky, Mississippi,
North Carolina, South Carolina, and Tennessee.



Jay Bortzer, Chief, Air Programs Branch, EPA Region V, 77 West Jackson
Street, Chicago, IL 60604.	Illinois, Indiana, Michigan, Minnesota, Ohio,
and Wisconsin.



Tom Diggs, Acting Associate Director Air Programs, EPA Region VI, 1445
Ross Avenue, Dallas, TX 75202-2733.	Arkansas, Louisiana, New Mexico,
Oklahoma, and Texas.  

Joshua A. Tapp, Chief, Air Programs Branch, EPA Region VII, 901 North
5th Street, Kansas City, Kansas 66101-2907.	Iowa, Kansas, Missouri, and
Nebraska.

Cynthia Cody, Unit Leader,  Air Quality Planning Unit, EPA Region VIII
Air Program, 1595 Wynkoop St. (8P-AR),  Denver, CO 80202-1129.	Colorado,
Montana, North Dakota, South Dakota, Utah, and Wyoming

Lisa Hanf, Air Planning Office, EPA Region IX, 75 Hawthorne Street, San
Francisco, CA 94105.	Arizona, California, Guam, Hawaii, and Nevada.

Mahbubul Islam, Manager, State and Tribal Air Programs, EPA Region X,
Office of Air , Waste, and Toxics, Mail Code OAQ-107, 1200 Sixth Avenue,
Seattle, WA 98101.

	Alaska, Idaho, Oregon, and Washington.

 

Table of Contents:

	Background:

	This Action

	Finding of Failure to Submit for States that Failed to Make a Submittal

 	Finding of Failure to Submit Specific Elements of Section 110(a)(2)

 	List of States that Submitted Complete Submissions to Satisfy the
Section 110(a)(2) Requirements

III.	Statutory and Executive Order Reviews

A	Executive Order 12866: Regulatory Planning and Review

	Paperwork Reduction Act

	Regulatory Flexibility Act (RFA)

	Unfunded Mandates Reform Act of 1995 (UMRA)

	Executive Order 13132: Federalism

	Executive Order 13175: Consultation and Coordination with Indian Tribal
Governments

	Executive Order 13045: Protection of Children from Environmental health
and Safety Risks

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

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

	National Technology Transfer Advancement Act

        Congressional Review Act

        Judicial Review

I.  	Background

	On July 18, 1997, EPA promulgated new NAAQS for ozone based on 8-hour
average concentrations.  The 8-hour averaging period replaced the
previous 1-hour averaging period, and the level of the NAAQS was changed
from 0.12 ppm to 0.08 ppm (62 FR 38,856).  

	Clean Air Act (CAA) section 110(a) requires States to submit SIPs that
provide for the implementation, maintenance, and enforcement of a new or
revised NAAQS within 3 years following the promulgation of such NAAQS,
or within such shorter period as EPA may prescribe.  Section 110(a)
imposes the obligation upon States to make a SIP submission to EPA for a
new or revised NAAQS, but the contents of that submission may vary
depending upon the facts and circumstances.  In particular, the data and
analytical tools available at the time the State develops and submits
the SIP for a new or revised NAAQS necessarily affects the content of
the submission.  The contents of such SIP submissions may also vary
depending upon what provisions the State’s existing SIP already
contains.  In the case of the 1997 8-hour ozone NAAQS, States typically
have met the basic program elements required in section 110(a)(2)
through earlier SIP submissions in connection with previous ozone
standards.   

Section 110(a)(2) lists specific elements that States must meet in these
SIP submissions.  The requirements include SIP infrastructure elements
such as requirements for modeling, monitoring, and emissions inventories
that are designed to assure attainment and maintenance of the NAAQS. 
The requirements that are the subject of this action are listed in
EPA’s October 2, 2007 memorandum entitled “Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 1997 8-hour Ozone and
PM-2.5 National Ambient Air Quality Standards.”  

Two elements identified in section 110(a)(2) are not governed by the
three year submission deadline of section 110(a)(1) because SIPs
incorporating necessary local nonattainment area controls are not due
within 3 years after promulgation of a new or revised NAAQS, but rather
are due at the time the nonattainment area plan requirements are due
pursuant to section 172   These requirements are:  (i) submissions
required by section 110(a)(2)(C) to the extent that subsection refers to
a permit program as required in part D Title I of the CAA, and (ii)
submissions required by section 110(a)(2)(I) which pertain to the
nonattainment planning requirements of part D, Title I of the CAA. 
Therefore, this action does not cover these specific SIP elements.  This
action also does not pertain to section 110(a)(2)(D), because EPA has
previously addressed that requirement.

As of 2004, States had not submitted complete SIPs to satisfy all of the
section 110(a)(2) requirements for the 1997 8-hour ozone NAAQS revision.
 On March 4, 2004, Earth Justice submitted a notice of intent to sue
related to EPA’s failure to issue findings of failure to submit
related to these requirements.  Subsequently, EPA entered into a Consent
Decree with Earth Justice which required EPA, among other things, to
complete a Federal Register notice announcing EPA’s determinations
pursuant to section 110(k)(1)(B) as to whether each State has made
complete submissions to meet the requirements of section 110(a)(2) for
the 1997 8-hour ozone NAAQS by December 15, 2007.  Subsequently, EPA
received an extension of the date to complete this Federal Register
notice until March 17, 2008, based upon an agreement to make the
findings with respect to submissions made by January 7, 2008.  In
accordance with the Consent Decree, EPA is making completeness findings
for each State based upon what the Agency received from each State as of
January 7, 2008.  This notice reflects EPA’s determinations with
respect to the section 110(a)(2) requirements, based upon the
submissions made by the States, either certifying that they have already
met the requirements, making a submission to meet any outstanding
requirements, or both.

For those States that have not yet made a submittal, or that made a
submittal that was not complete with respect to each element of section
110(a)(2), EPA is making a finding of failure to submit.  For those
States that did not make any submittal by    January 7, 2008, EPA is
making a finding with respect to all of the section 110(a)(2) SIP
elements.  For those States that did not make a submittal that addressed
all of the section 110(a)(2) elements, EPA is making these findings only
with respect to those specific section 110(a)(2) SIP elements which a
State has not certified that it has met, or not made a SIP submission to
meet, as of January 7, 2008.  These findings establish a 24 month
deadline for the promulgation by EPA of a FIP, in accordance with
section 110(c)(1).  These findings of failure to submit do not impose
sanctions, or set deadlines for imposing sanctions as described in
section 179 of the CAA, because these finding do not pertain to the
elements of a Title I part D plan for nonattainment areas as required
under section 110(a)(2)(I), and because this action is not a SIP call
pursuant to section 110(k)(5).  

With respect to the remaining section 110(a)(2) SIP elements in those
States in which EPA has identified specific findings of failure to
submit, EPA is by this action making a finding that the remainder of
such SIPs are complete.  Likewise, with respect to those States for
which EPA has not made any finding of failure to submit concerning the
section 110(a)(2) SIP elements, EPA is by this action making a finding
that such SIPs are complete for all such elements.  These full and
partial completeness findings establish a 12-month deadline for EPA to
take action upon such SIPs in accordance with section 110(k).

II.   This Action

	The EPA is making a finding concerning whether each State has submitted
or failed to submit a complete SIP that provides the basic program
elements of section 110(a)(2)  necessary to implement the 1997 8-hour
ozone NAAQS.   For those States that have not yet made a complete
submission, or that have not made a submission that is complete for each
element of section 110(a)(2),  these findings establish a 24-month
deadline for the promulgation by EPA of a FIP addressing these specific
SIP elements, in accordance with section 110(c)(1).  For those States
that have submitted a complete SIP, and for those elements of SIPs in
States for which EPA has identified only partial incompleteness, these
findings establish a 12-month deadline for action upon the SIP, in
accordance with section 110(k).  This action will be effective on
[INSERT DATE 30 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

  	Finding of Failure to Submit for States that Failed to Make a
Submittal

	The following States failed to make a complete submittal to satisfy the
requirements of section 110(a)(2) by January 7, 2008.  EPA is by this
action starting a 24-month deadline by which time EPA must promulgate a
FIP for the affected States to address section 110(a)(2) requirements,
if the affected States fail to submit, and obtain EPA approval of,  the
SIP revisions necessary to address these requirements.  The States and
territories that are affected by this finding of failure to submit are
the following:

Region I: 	Vermont

Region VI: 	Texas 

Region VIII:	North Dakota 

Region IX:  	Arizona, Hawaii, Nevada, Guam, American Samoa, Commonwealth
of the Northern Mariana Islands. 

Region X: 	Alaska, Idaho, Oregon, Washington.

B  	Finding of Failure to Submit Specific Elements of Section 110(a)(2)

	The following States made submissions that address some, but not all of
the section 110(a)(2) requirements, by January 7, 2008.  EPA is by this
action identifying the specific elements for which States have not made
a complete submission: 

Region II:   

New York:  The State of New York has failed to submit a SIP addressing
section 110(a)(2)(C) (the Part C PSD permit program).  However, this
requirement has already been addressed by a FIP that remains in place,
and therefore this action will not trigger any additional FIP
obligation.

New Jersey:   The State of New Jersey has failed to submit a SIP
addressing section 110(a)(2)(C) (the Part C PSD permit program). 
However, this requirement has already been addressed by a FIP that
remains in place, and therefore this action will not trigger any
additional FIP obligation.

Puerto Rico:  The Commonwealth of Puerto Rico has failed to submit a SIP
addressing section 110(a)(2)(C) (the Part C PSD permit program). 
However, this requirement has already been addressed by a FIP that
remains in place, and therefore this action will not trigger any
additional FIP obligation.

Virgin Islands:  The Virgin Islands has failed to submit a SIP
addressing section 110(a)(2)(C) (the Part C PSD permit program). 
However, this requirement has already been addressed by a FIP that
remains in place, and therefore this action will not trigger any
additional FIP obligation.

Region III:   

Maryland:   As required by sections 110(a)(2)(C) and (J), the State of
Maryland has failed to submit a SIP addressing changes to its part C PSD
permit program required by the November 29, 2005 (70 FR 71612 page
71699) final rule that made NOx a precursor for ozone in the part C
regulations at 40 CFR 51.166 and in 40 CFR 52.21.

Pennsylvania:  The Commonwealth of Pennsylvania has failed to submit a
SIP addressing section 110(a)(2)(C) (the Part C PSD permit program) for
only the Allegheny County portion of the Commonwealth.  However, this
requirement has already been addressed by a FIP (Implementation of the
Federal PSD program has been delegated to the Allegheny County Health
Department) that remains in place, and therefore this action will not
trigger any additional FIP obligation. All other areas of the
Commonwealth, exclusive of Allegheny County, has a SIP approved PSD
program in place.

Virginia: The Commonwealth of Virginia has failed to submit a SIP
addressing the part C PSD permit program, which consists of changes
required by the November 29, 2005 (70 FR 71612 page 71699) final rule
that made NOx a precursor for ozone in the Part C regulations at 40 CFR
51.166 and in 40 CFR 52.21.

Washington, D.C.: The District of Columbia has failed to submit a SIP
addressing sections 110(a)(2)(B), (C) (the Part C PSD permit program),
(E)(i), (F) (the public availability of reports), (H), and (J) (with
respect to a part C Prevention of Significant Deterioration (PSD) permit
program and to public notification under section 127).   The section
110(a)(2)(C) (the Part C PSD permit program) requirement has already
been addressed by a FIP that remains in place, and therefore this action
will not trigger any additional FIP obligation with respect to this
requirement.

West Virginia: The State of West Virginia has failed to make a submittal
with respect to sections 110(a)(2)(B), (E)(i), (G) (with respect to
authority comparable to section 303), (H) and (J) (relating to public
notification under section 127) and (M).  The State of West Virginia has
also failed to submit a SIP addressing changes to the part C PSD permit
program required by the November 29, 2005 (70 FR 71612 page 71699) final
rule that made NOx a precursor for ozone in the part C regulations at 40
CFR 51.166 and in 40 CFR 52.21.

Delaware: As required by sections 110(a)(2)(C) and (J), the State of
Delaware has failed to submit a SIP addressing changes to its part C PSD
permit program required by the November 29, 2005 (70 FR 71612 page
71699) final rule that made NOx a precursor for ozone in the Part C
regulations at 40 CFR 51.166 and in 40 CFR 52.21.  

Region IV: 

Florida: The State of Florida has failed to submit a SIP addressing the
emergency episode plan requirement of section 110(a)(2)(G). 

Georgia: The State of Georgia has failed to submit a SIP addressing the
emergency episode plan requirements of section 110(a)(2)(G).

North Carolina: As required by sections 110(a)(2)(C) and (J), the State
of North Carolina has failed to submit a SIP addressing changes to its
part C PSD permit program required by the November 29, 2005 (70 FR 71612
page 71699) final rule that made NOx a precursor for ozone in the Part C
regulations at 40 CFR 51.166 and in 40 CFR 52.21. 

Tennessee: As required by sections 110(a)(2)(C) and (J), the State of
Delaware has failed to submit a SIP addressing changes to its part C PSD
permit program required by the November 29, 2005 (70 FR 71612 page
71699) final rule that made NOx a precursor for ozone in the Part C
regulations at 40 CFR 51.166 and in 40 CFR 52.21.

Region V: 

Illinois:  The State of Illinois has failed to submit a SIP addressing
section 110(a)(2)(C) (the Part C PSD permit program).  However, this
requirement has already been addressed by a FIP that remains in place,
and therefore this action will not trigger any additional FIP
obligation.

Minnesota:  The State of Minnesota has failed to submit a SIP addressing
section 110(a)(2)(C) (the Part C PSD permit program).  However, this
requirement has already been addressed by a FIP that remains in place,
and therefore this action will not trigger any additional FIP
obligation.

Region VI: 

Arkansas: As required by section 110(a)(2)(C) and (J), the State of 
Arkansas has failed to submit a SIP addressing changes to the part C PSD
permit program required by the November 29, 2005 (70 FR 71612 page
71699) final rule that made NOx a precursor for ozone in the part C
regulations at 40 CFR 51.166 and in 40 CFR 52.21.

New Mexico: As required by section 110(a)(2)(C) and (J), the State of 
New Mexico has failed to submit a SIP addressing changes to the part C
PSD permit program required by the November 29, 2005 (70 FR 71612 page
71699) final rule that made NOx a precursor for ozone in the part C
regulations at 40 CFR 51.166 and in 40 CFR 52.21.

Oklahoma: As required by section 110(a)(2)(C) and (J), the State of
Oklahoma has failed to submit a SIP addressing changes to the part C PSD
permit program required by the November 29, 2005 (70 FR 71612 page
71699) final rule that made NOx a precursor for ozone in the part C
regulations at 40 CFR 51.166 and in 40 CFR 52.21.

Region IX: 	

California:  The State of California has failed to submit a SIP
addressing section 110(a)(2)(C) (the Part C PSD permit program) that
applies to some Air Districts within the State.  However, this
requirement has already been addressed for these Air Districts by a FIP
that remains in place, and therefore this action will not trigger any
additional FIP obligation.  All other areas of the State, exclusive of
these Air Districts has an approved PSD program in place.

C. 	List of States that Submitted Complete Submissions to Satisfy the
Section 110(a)(2) Requirements

	The following States have been determined by EPA to have made complete
SIP submissions that address all of the section 110(a)(2) requirements
by January 7, 2008:

Region I:  	Maine, Rhode Island, Connecticut, Massachusetts, and New
Hampshire

Region IV:	Alabama, Kentucky, Mississippi, and South Carolina 

Region V: 	Indiana, Ohio, Michigan, and Wisconsin

Region VI: 	Louisiana

Region VII:	Iowa, Kansas, Nebraska, and Missouri

Region VIII:	Colorado, Montana, South Dakota, Utah, and Wyoming.

III.  	Statutory and Executive Order Reviews

A	Executive Order 12866: Regulatory Planning and Review

	Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action
is a “significant regulatory action” because it is likely to result
in a rule that may raise novel legal or policy issues arising out of
legal mandates, the President’s priorities, or the principles set
forth in the Executive Order.  Accordingly, EPA submitted this action to
the Office of Management and Budget (OMB) for review under EO 12866 and
any changes made in response to OMB recommendations have been documented
in the docket for this action.

  	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
rule relates to the requirement in the CAA for States to submit SIPs
under section 110(a) to satisfy certain infrastructure and general
authority-related elements required under section 110(a)(2) of the CAA
for the 1997 8-hour ozone NAAQS.  Section 110(a)(1) of the CAA requires
that States submit SIPs that implement, maintain, and enforce a new or
revised NAAQS which satisfies the requirements of section 110(a)(2)
within 3 years of promulgation of such standard, or shorter period as
EPA may provide. The present final rule does not establish any new
information collection requirement apart from that already required by
law.  Burden means that 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 the
CFR are listed in 40 CFR part 9.

	Regulatory Flexibility Act (RFA)

	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 (APA) or any other statute unless the agency certifies that the rule
will not have a significant economic impact on a substantial number of
small entities.  Small entities include small businesses, small
organizations, and small governmental jurisdictions.

	For the purpose of assessing the impacts of this final rule on small
entities, 

small entity is defined as:  (1) a small business that is a small
industry entity as defined in the U.S. Small Business Administration
(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
independently owned and operated is not dominate in its field.	

	After considering the economic impacts of this final rule on small
entities, I certify that this rule will not have a significant economic
impact on a substantial number of small entities.  This final rule will
not impose any requirements on small entities.

	Unfunded Mandates Reform Act of 1995 (UMRA)

	Title II of the Unfunded Mandate 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 mandate” 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 of 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 to have
meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small government on compliance with
regulatory requirements.

	EPA has determined that this action 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
one year.  It does not create any additional requirements beyond those
of the 1997 8 hour ozone NAAQS (62 FR 38652; 62 FR 38856, July 18,
1997),.  This rule responds to the requirement in the CAA for States to
submit SIPs under section 110(a) to satisfy certain infrastructure and
general authority-related elements required under section 110(a)(2) of
the CAA for the 1997 8-hour ozone NAAQS.  Section 110(a)(1) of the CAA
requires that States submit SIPs that implement, maintain, and enforce a
new or revised NAAQS which satisfies the requirements of section
110(a)(2) within three years of promulgation of such standard, or
shorter period as EPA may provide.  The EPA believes that any new
controls imposed as a result of this action will not cost in the
aggregate $100 million or more annually.  Thus, today’s action is not
subject to the requirements of section 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, or the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.”

	This final 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 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 final rule does not have Tribal
implications, as specified in Executive Order 13175.  This rule responds
to the requirement in the CAA for States to submit SIPs under section
110(a) to satisfy certain elements required under section 110(a)(2) of
the CAA for the 1997 8-hour ozone NAAQS (NAAQS).  Section 110(a)(1) of
the CAA requires that States submit SIPs that provide for
implementation, maintenance, and enforcement of a new or revised NAAQS,
and which satisfy the applicable requirements of section 110(a)(2),
within three years of promulgation of such standard, or within shorter
period as EPA may provide.  The CAA provides for States and Tribes to
develop plans to regulate emissions of air pollutants within their
jurisdictions.  The regulations clarify the statutory obligations of
States and Tribes that develop plans to implement this rule.  The Tribal
Authority Rule (TAR) gives Tribes the opportunity to develop and
implement CAA programs, but it leaves to the discretion of the Tribe
whether to develop these programs and which programs, or appropriate
elements of a program, the Tribe will adopt.

	This rule does not have Tribal implications as defined by Executive
Order 13175.  It does not have a substantial direct effect on one or
more Indian Tribes, because no Tribe has implemented an air quality
management program related to the 1997 8-hour ozone NAAQS.  Furthermore,
this rule does not affect the relationship or distribution of power and
responsibilities between the Federal government and Indian Tribes.  The
CAA and the TAR establish the relationship of the Federal government and
Tribes in developing plans to attain the NAAQS, and this rule does
nothing to modify that relationship.  Thus, Executive Order 13175 does
not apply to this rule.

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

	EPA interprets EO 13045 (62 F.R. 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation.  This action is not subject to EO
13045 because it is making findings concerning whether or not each State
has submitted a complete State Implementation Plan (SIP) that provides
the basic program elements specified in Clean Air Act section 110(a)(2)
necessary to implement the 1997  8-hour ozone National Ambient Air
Quality Standards (NAAQS).  The findings of failure to submit for all or
a portion of a State’s SIP establish a 24-month deadline for EPA to
promulgate Federal Implementation Plans (FIPs) to address the
outstanding SIP elements unless, prior to that time, the affected States
submit, and EPA approves, the required SIPs.

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

 This rule is not a “significant energy action” as defined in
Executive Order 13211, “Actions Concerning Regulations 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.  At the time of
proposal of the implementation rule for the 1997 8-hour ozone standard,
information on the methodology and data regarding the assessment of
potential energy impacts regarding implementation of the 1997 8-hour
standard was addressed in Chapter 6 of U.S. EPA 2003, Cost, Emission
Reduction, Energy, and Economic Impact Assessment of the Proposed Rule
Establishing the Implementation Framework for the 1997 8-Hour, 0.08 ppm
Ozone National Ambient Air Quality Standard, prepared by the Innovative
Strategies and Economics Group, Office of Air Quality Planning and
Standards, Research Triangle Park, NC, April 24, 2003.  Subsequently,
EPA issued an Addendum 1 to that analysis for the Phase 1 final rule
(April 30, 2004 (69 FR 33951)) and designated nonattainment areas. By
adopting the more flexible approaches while providing for attainment and
maintenance of the 8-hour NAAQS as required by the CAA for the areas
covered by this rulemaking, additional energy cost associated with more
extensive use of less flexible approaches would be averted.	

I.  	National Technology Transfer Advancement Act

	Section 12(d) of the National Technology Transfer Advancement Act of
1995 (NTTAA), Public Law No. 104-113, section 12(d) (15  U.S.C. 272
note) directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impracticable.  VCS are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by VCS bodies.  The
NTTAA directs EPA to provide Congress, through OMB, explanations when
the Agency decides not to use available and applicable VCS.

	This action does not involve technical standards.  Therefore, EPA did
not consider the use of any VCS.

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

	Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice.  Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission by
identifying and addressing, as appropriate, disproportionately high and
adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.  

EPA has determined that this final rule will not have disproportionately
high and adverse human health or environmental effects on minority or
low-income populations because it does not directly affect the level of
protection provided to human health or the environment. This notice is
making a finding concerning whether each State has submitted or failed
to submit a complete SIP that provides the basic program elements of
section 110(a)(2)  necessary to implement the 1997 8-hour ozone NAAQS.

K 	Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating the
rule must submit a rule report, which includes a copy of the rule, to
each House of the Congress and to the Comptroller General of the United
States. EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of the
rule in the Federal Register. A Major rule cannot take effect until 60
days after it is published in the Federal Register. This action is not a
“major rule” as defined by 5 U.S.C. 804(2). This rule will be
effective [INSERT DATE 30 DAYS AFTER PUBLICATION IN THE FEDERAL
REGISTER] .

L. 	Judicial Review

Under section 307(b)(1) of the CAA, petitions for judicial review of
this action must be filed in the United States Court of Appeals for the
District of Columbia Circuit Court within 60 days from the days from the
date final action is published in the Federal Register.  Filing a
petition for review by the Administrator of this final rule does not
affect the finality of this rule for the purposes of judicial review nor
does it extend the time within which a petition for judicial review must
be final, and shall not postpone the effectiveness of such rule or
action.  

	Thus, any petitions for review of this action related to a findings of
failure to submit related to the requirements of section 110(a) to
satisfy certain elements required under section 110(a)(2) of the CAA for
the 1997 8-hour ozone NAAQS (NAAQS) must be filed in the Court of
Appeals for the District of Columbia Circuit within 60 days from the
date final action is published in the Federal Register.

Completeness Findings for Section 110(a) State Implementation Plans

for the 8-hour Ozone NAAQS – Page 27 of 27

LIST OF SUBJECTS in 40 CFR Part 52

Approval and promulgation of implementation plans, Environmental
protection, Administrative practice and procedures, Air pollution
control, Intergovernmental relations, and Reporting and recordkeeping
requirements.

___________________________________

Dated:

____________________________________

Robert J. Meyers,

Principal Deputy Assistant Administrator.

   EPA published a finding that all States had failed to submit SIPs
addressing interstate transport for the 8-hour ozone and PM2.5 NAAQS, as
required by section 110(a)(2)(D)(i).  See, 70 FR 21,147 (April 25,
2005).

 It should be noted that, while the State of Nevada did not make the
submittal addressing the requirements of section 110(a)(2) by the
January 7, 2008 timeframe specified in the amended Consent Decree with
Earth Justice, the State has subsequently made a submittal to address
these requirements on February 1, 2008 and EPA is currently reviewing
the submittal for completeness and approvability.   

 While the District of Columbia did not make the submittal addressing
the aforementioned requirements by the January 7, 2008 timeframe called
for under the Consent Decree with Earth Justice, the District of
Columbia subsequently made a submittal on January 11, 2008 that
addresses the requirements related to sections 110(a)(2)(B), (E)(i), (F)
(with respect to the public availability of reports), (H), and (J) (with
respect to public notification under section 127).  The EPA is currently
reviewing the submittal for completeness. The District of Columbia has
not submitted a part C PSD permit program required under sections
110(a)(2)(C) and (J).  It should be noted, however, that the District of
Columbia is already subject to a FIP for a PSD permit program pursuant
to 40 CFR 52.499.

 The State of North Carolina is currently going through the rulemaking
process to approve the requirements to meet this element of section
110(a)(2) and anticipates making the submittal to address the
requirement by May 2008.  

 The State of Tennessee is currently going through the rulemaking
process to approve the requirements to meet this element of section
110(a)(2) and anticipates making the submittal to address the
requirement by May 2008.

 PAGE   12 

 PAGE   13 

