

[Federal Register: February 6, 2008 (Volume 73, Number 25)]
[Proposed Rules]               
[Page 6863-6867]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06fe08-14]                         

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2008-0006; FRL-8525-9]

 
Final 8-Hour Ozone National Ambient Air Quality Standards 
Designations for the Early Action Compact Areas

AGENCY: Environmental Protection Agency (EPA).

[[Page 6864]]


ACTION: Proposed rule.

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

SUMMARY: The EPA is proposing to designate 13 Early Action Compact 
(EAC) Areas as attainment for the 8-hour ozone National Ambient Air 
Quality Standard (NAAQS). The EAC areas agreed to reduce ground-level 
ozone pollution earlier than the Clean Air Act (CAA) required and to 
demonstrate attainment with the 8-hour ozone NAAQS by December 31, 
2007. The States in which these 13 areas are located have submitted 
quality-assured data indicating that the areas are in attainment for 
the 8-hour ozone NAAQS based on ambient air monitoring data from 2005, 
2006 and 2007. In addition, the EPA plans to revoke the 1-hour ozone 
NAAQS for each of these areas one year after the effective date of the 
designations for the 8-hour ozone NAAQS, and we would modify the 1-hour 
ozone NAAQS tables in the regulations to reflect the application of the 
revocation.

DATES: Comments must be received on or before February 21, 2008.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
OAR-2008-0006, 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-2008-0006, 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-2008-
0006. 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-
2008-0006. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal information 

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

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

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

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

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

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

DC, EPA West, Room 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 proposed action applies only to the 13 EAC areas identified in 
section IV, Table 1, below that have deferred designations for the 8-
hour ozone NAAQS until April 15, 2008. Additionally, this action notes 
that in the final rule, EPA plans to take the ministerial action of 
revising the CFR to reflect the effective date of the nonattainment 
designation for the Denver EAC area, which was designated nonattainment 
on November 20, 2007.

B. How Is This Document Organized?

    The information presented in this preamble is organized as follows:

Outline

I. General Information
    A. Does This Action Apply to Me?
    B. How is This Document Organized?
II. What Is the Purpose of This Document?
III. What Action Has EPA Taken to Date for Early Action Compact 
Areas?
IV. What Is the Proposed Action for the 13 Early Action Compact 
Areas?
V. 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 designating 13 EAC areas 
as attainment for the 8-hour ozone NAAQS, as they have met all the 
milestones of the EAC program and demonstrated that they were in 
attainment with the 8-hour ozone NAAQS by December 31, 2007. At the 
time we take final action on this proposal we also plan to take the 
ministerial action of revising Section 81.306 to reflect the 
nonattainment designation for the Denver EAC area. On September 21, 
2007, EPA extended the deferred effective date for the Denver EAC area 
from September 14, 2007 to November 20, 2007, while settlement 
negotiations were taking place, and to

[[Page 6865]]

allow time for an evaluation of the Denver EAC's 8-hour ozone air 
quality for 2005, 2006 and the first three quarters of 2007. Evaluation 
of the data indicated a violation of the 8-hour ozone standard, 
therefore, EPA took no action to further defer the effective date of 
designation and Denver's nonattainment designation became effective on 
November 20, 2007.
    In addition, the EPA plans to revoke the 1-hour ozone NAAQS for 
each of these EAC areas one year after the effective date of the 
designations for the 8-hour ozone NAAQS, and we would modify the 1-hour 
ozone NAAQS tables in 40 CFR part 81 to reflect the application of the 
revocation. This action was taken for all other areas of the country 
except the EACs on August 3, 2005 (70 FR 44470).

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

    Currently, there are 28 areas remaining in the EAC program. Of 
those 28 areas, 13 had their designations deferred for the ozone 8-hour 
NAAQ until April 15, 2008 (71 FR 69022).\1\ The other 15 areas were 
designated attainment in April 2004, with an effective date of June 15, 
2004. These areas have remained in the program in order to continue 
improving their local air quality. For discussions on 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 and Denver specifically please refer to the Federal 
Register dated June 28, 2007 (72 FR 35356) and September 21, 2007 (72 
FR 53952). In addition, EPA's April 30, 2004, air quality designation 
rule (69 FR 23858) provides a description of the compact area approach, 
the requirements for areas participating in the compact and the impacts 
of the compact on those areas.
---------------------------------------------------------------------------

    \1\ As noted previously, we also initially deferred the 
nonattainment designation for the Denver EAC area, but the 
nonattainment designation for the Denver EAC area became effective 
November 20, 2007.
---------------------------------------------------------------------------

    You may find copies of all State reports at http://www.epa.gov/ttn/naaqs/ozone/eac/
.


IV. What Is the Proposed Action for the 13 Early Action Compact Areas?

    The 13 EAC areas with deferred designations for the 8-hour NAAQS, 
had to meet one final milestone which was to demonstrate attainment 
with the 8-hour ozone NAAQS by December 31, 2007. Each of these EAC 
areas met all of the earlier milestones of the EAC program and the 
States in which the areas are located have now submitted quality-
assured data demonstrating that the areas attained the 8-hour ozone 
NAAQS based on air quality data from 2005, 2006 and 2007. Therefore, 
EPA is proposing to designate these 13 areas as attainment for the 8-
hour ozone standard. Table 1 provides the 8-hour ozone design values 
for each of the 13 EAC areas based on the 2005-2007 air quality data.

  Table 1.--8-Hour Ozone Design Values for Compact Areas Proposed To Be Designated Attainment for 8-Hour Ozone
                                         NAAQS Effective April 15, 2008
              Note: Name of designated 8-hour ozone deferred nonattainment areas is in parentheses.
----------------------------------------------------------------------------------------------------------------
                                                                                                   8-hour ozone
                                                                     Counties proposed to be       design value
            State              Compact area (designated area)   designated attainment  effective    (parts per
                                                                         April 15, 2008              million)
----------------------------------------------------------------------------------------------------------------
                                                  EPA Region 3
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
VA..........................  Northern Shenandoah Valley        Winchester City, Frederick                 0.073
                               Region (Frederick County, VA),    County.
                               adjacent to Washington, DC-MD-
                               VA.
VA..........................  Roanoke area (Roanoke, VA)......  Roanoke County, Botetourt                  0.076
                                                                 County, Roanoke City, Salem
                                                                 City.
MD..........................  Washington County (Washington     Washington County...............           0.079
                               County, Hagerstown, MD),
                               adjacent to Washington, DC-MD-
                               VA.
WV..........................  The Eastern Pan Handle Region     Berkeley County, Jefferson                 0.075
                               (Berkeley & Jefferson Counties,   County.
                               WV), Martinsburg area.
----------------------------------------------------------------------------------------------------------------
                                                  EPA Region 4
----------------------------------------------------------------------------------------------------------------
NC..........................  Unifour (Hickory-Morganton-       Catawba County, Alexander                  0.078
                               Lenoir, NC).                      County, Burke County (part),
                                                                 Caldwell County (part).
NC..........................  Triad (Greensboro-Winston-Salem-  Randolph County, Forsyth County,           0.083
                               High Point, NC).                  Davie County, Alamance County,
                                                                 Caswell County, Davidson
                                                                 County, Guilford County,
                                                                 Rockingham County.
NC..........................  Cumberland County (Fayetteville,  Cumberland County...............           0.082
                               NC).
SC..........................  Appalachian--A (Greenville-       Spartanburg County, Greenville             0.083
                               Spartanburg-Anderson, SC).        County, Anderson County.
SC..........................  Central Midlands--I Columbia      Richland County (part),                    0.082
                               area.                             Lexington County (part).
TN/GA.......................  Chattanooga (Chattanooga, TN-GA)  Hamilton County, TN, Meigs                 0.084
                                                                 County, TN, Catoosa County, GA.
TN..........................  Nashville (Nashville, TN).......  Davidson County, Rutherford                0.084
                                                                 County, Williamson County,
                                                                 Wilson County, Sumner County.
TN..........................  Johnson City-Kingsport-Bristol    Sullivan County, TN, Hawkins               0.083
                               area (TN portion only).           County, TN.
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
                                                  EPA Region 6
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
TX..........................  San Antonio.....................  Bexar County, Comal County,                0.082
                                                                 Guadalupe County.
----------------------------------------------------------------------------------------------------------------


[[Page 6866]]

V. 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.

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.
    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 one 
year. Thus, this proposed rulemaking is not subject to the requirements 
of sections 202 and 205 of the UMRA.
    EPA has determined that this rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments because this rule does not contain Federal mandates.

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. In the spirit of 
Executive Order 13132, and consistent with EPA policy to promote 
communications between EPA and State and confined governments, EPA 
specifically solicits comment on this proposed rule from State and 
local officials.

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

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This proposed rule does not 
have ``Tribal implications'' as specified in E.O. 13175. It does not 
have a substantial direct effect on one or more Indian Tribes, since no 
Tribe has

[[Page 6867]]

implemented a CAA program to attain the 8-hour ozone NAAQS at this time 
or has participated in a compact. Thus Executive Order 13175 does not 
apply to this rule. EPA specifically solicits additional comments on 
this proposed rule from tribal officials.

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.
    This proposed rule is not subject to the Executive Order because it 
is not economically significant as defined in Executive Order 12866, 
and because the Agency does not have reason to believe the 
environmental health or safety risks addressed by this action present a 
disproportionate risk to children. The EAC program has provided cleaner 
air sooner than required under the CAA to these communities. The public 
is invited to submit or identify peer-reviewed studies and data, of 
which the agency may not be aware, that assessed results of early life 
exposure to ozone.

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

    This proposed 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. EPA welcomes comments on 
this aspect of the proposed rulemaking and specifically, invites the 
public to identify potentially-applicable voluntary consensus standards 
and to explain why such standards should be used in this regulation.

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: January 31, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-2187 Filed 2-5-08; 8:45 am]

BILLING CODE 6560-50-P
