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V. 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 was deemed to “raise novel legal or policy 

issues.” Accordingly, EPA submitted this action to the Office of Management and 

Budget (OMB) for review under Executive Order 12866 and any changes made in 

response to OMB recommendations have been documented in the docket for this action. 

B. Paperwork Reduction Act

The information collection requirements in this final rule have been submitted for 

approval to the Office of Management and Budget (OMB) under the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. The information collection requirements are not 

enforceable until OMB approves them. The Information Collection Request (ICR) 

document prepared by EPA for these revisions to part 58 has been assigned EPA ICR 

number 0940.23. 

The information collected under 40 CFR part 53 (e.g., test results, monitoring 

records, instruction manual, and other associated information) is needed to determine 

whether a candidate method intended for use in determining attainment of the National 

Ambient Air Quality Standards (NAAQS) in 40 CFR part 50 will meet comparability 

requirements for designation as a Federal reference method (FRM) or Federal equivalent 

method (FEM). We do not expect the number of FRM or FEM determinations to 

increase over the number that is currently used to estimate burden associated with CO 

FRM/FEM determinations provided in the current ICR for 40 CFR part 53 (EPA ICR 

Deleted: This action does not impose an

Deleted: burden

Deleted: provisions of the 

Deleted: There are no

Deleted: directly

Deleted: with 

Deleted: establishment of a 

Deleted: under section 109
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numbers 0940.23). As such, no change in the burden estimate for 40 CFR part 53 has 

been made as part of this rulemaking. 

The information collected and reported under 40 CFR part 58 is needed to 

determine compliance with the NAAQS, to characterize air quality and associated health 

impacts, to develop emissions control strategies, and to measure progress for the air 

pollution program. The amendments would revise the technical requirements for CO 

monitoring sites, require the relocation or siting of ambient CO air monitors, and the 

reporting of the collected ambient CO monitoring data to EPA’s Air Quality System 

(AQS). The annual average reporting burden for the collection under 40 CFR part 58 

(averaged over the first 3 years of this ICR) for a network of 311 CO monitors is 

$7,235,483. Burden is defined at 5 CFR 1320.3(b). State, local, and Tribal entities are 

eligible for State assistance grants provided by the Federal government under the CAA

which can be used for monitors and related activities. 

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.

To comment on the Agency's need for this information, the accuracy of the 

provided burden estimates, and any suggested methods for minimizing respondent 

burden, EPA has established a public docket for this rule, which includes this ICR, under 

Docket ID number EPA-HQ-OAR-2008-0015. Submit any comments related to the ICR 

to EPA and OMB. See ADDRESSES section at the beginning of this notice for where to 

submit comments to EPA. Send comments to OMB at the Office of Information and 

Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, 
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Washington, DC 20503, Attention: Desk Office for EPA. Since OMB is required to 

make a decision concerning the ICR between 30 and 60 days after [insert date of 

publication in the Federal Register], a comment to OMB is best assured of having its 

full effect if OMB receives it [insert date 30 days after publication in the Federal 

Register]. The final rule will respond to any OMB or public comments on the 

information collection requirements contained in this proposal. 

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 Procedure Act 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 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 

by 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 action will not have a significant economic impact on a substantial 

number of small entities. This proposed rule will not impose any requirements on small 
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entities. Rather, this rule proposes to retain existing national standards for allowable 

concentrations of CO in ambient air as required by section 109 of the CAA. See also 

American Trucking Associations v. EPA. 175 F. 3d at 1044-45 (NAAQS do not have 

significant impacts upon small entities because NAAQS themselves impose no 

regulations upon small entities). Similarly, the proposed amendments to 40 CFR part 58 

address the requirements for States to collect information and report compliance with the 

NAAQS and will not impose any requirements on small entities. We continue to be 

interested in the potential impacts of the proposed rule on small entities and welcome 

comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 

104–4, establishes requirements for Federal agencies to assess the effects of their 

regulatory actions on State, local, and Tribal governments and the private sector. Unless 

otherwise prohibited by law, 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 required 

under section 202, section 205 of the UMRA generally requires EPA to identify and 

consider a reasonable number of regulatory alternatives and to 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 

Deleted: This action contains no Federal mandates 

under the provisions of 

Deleted: reform

Deleted: 2 U.S.C. 1531-1538 for 

Deleted: or

Deleted: or

Deleted: The 

Deleted: rule imposes no new expenditure or 

enforceable duty on any 

Deleted: or

Deleted: and
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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 action is not subject to the requirements of sections 202 and 205 of the 

UMRA. EPA has determined that this proposed rule does not contain a Federal mandate 

that may result in expenditures of $100 million or more for State, local, and Tribal 

governments, in the aggregate, or the private sector in any one year. This rule proposes 

to retain existing national ambient air quality standards for carbon monoxide. The 

expected costs associated with the monitoring requirements are described in EPA’s ICR 

document, but those costs are not expected to exceed $100 million in the aggregate for 

any year. Furthermore, as indicated previously, in setting a NAAQS, EPA cannot 

consider the economic or technological feasibility of attaining ambient air quality 

standards. 

EPA has determined that this proposed rule contains no regulatory requirements 

that might significantly or uniquely affect small governments because it imposes no 

enforceable duty on any small governments. Therefore, this rule is not subject to the 

requirements of section 203 of the UMRA. 

Deleted: contains no regulatory requirements that 

might significantly or uniquely affect small 

governments.

Deleted: , although such factors may be considered 

to a degree in the development of State plans to 

implement the standards. See also American 

Trucking Associations v. EPA, 175 F. 3d at 1043 

(noting that because EPA is precluded from 

considering costs of implementation in establishing 

NAAQS, preparation of a Regulatory Impact 

Analysis pursuant to the Unfunded Mandates 

Reform Act would not furnish any information 

which the court could consider in reviewing the 

NAAQS). 

Deleted: this action is not subject to the 

requirements of sections 202 or 205 of the UMRA. 

This action is also

Deleted: UMRA because it contains no regulatory 

requirements that might significantly or uniquely 

affect small governments. The EPA acknowledges, 

however, that any corresponding revisions to 

associated SIP requirements and air quality 

surveillance requirements, 40 CFR part 51 and 40 

CFR part 58, respectively, might result in such 

effects. Accordingly, EPA will address, as 

appropriate, unfunded mandates if and when it 

proposes any revisions to 40 CFR parts 51 or 58
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E. Executive Order 13132: Federalism

This action 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 rule does not alter the 

relationship between the Federal government and the States regarding the establishment 

and implementation of air quality improvement programs as codified in the CAA. Under 

section 109 of the CAA, EPA is mandated to establish and review NAAQS; however, 

CAA section 116 preserves the rights of States to establish more stringent requirements if 

deemed necessary by a State. Furthermore, this proposed rule does not impact CAA 

section 107 which establishes that the States have primary responsibility for 

implementation of the NAAQS. Finally, as noted in section D (above) on UMRA, this 

rule does not impose significant costs on State, local, or Tribal governments or the private 

sector. Thus, Executive Order 13132 does not apply to this rule. 

However, as also noted in section D (above) on UMRA, EPA recognizes that 

States will have a substantial interest in this rule, including the proposed air quality 

surveillance requirements of 40 CFR part 58. Therefore, in the spirit of Executive Order 

13132, and consistent with EPA policy to promote communications between EPA and 

State and local governments, EPA specifically solicits comment on this proposed rule 

from State and local officials. 

F. Executive Order 13175: Consultation and Coordination with Indian Tribal 

Governments 

Deleted: E

Deleted: and any corresponding revisions to 

associated SIP requirements and

Deleted: , 40 CFR part 51 and

Deleted: , respectively
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 This action does not have tribal implications, as specified in Executive Order 

13175 (65FR 67249, November 9, 2000). It does not have a substantial direct effect on 

one or more Indian Tribes, since Tribes are not obligated to adopt or implement any 

NAAQS. Thus, Executive Order 13175 does not apply to this rule. 

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

Safety Risks 

This action is not subject to EO 13045 (62 FR 19885, April 23, 1997) because it is 

not economically significant as defined in EO 12866, and because the Agency does not 

believe the environmental health or safety risks addressed by this action present a 

disproportionate risk to children. This action’s health and risk assessments are described 

in sections II.C and II.D.2.b. 

The public is invited to submit comments or identify peer-reviewed studies and 

data that assess effects of early life exposures to CO. 

H. Executive Order 13211: Actions that Significantly Affect Energy Supply, 

Distribution or Use 

This action is not a “significant energy action” as defined in Executive Order 

13211, (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. The rule concerns the review 

of the NAAQS for CO. The rule does not prescribe specific pollution control strategies 

by which these ambient standards will be met. Such strategies are developed by States on 

a case-by-case basis, and EPA cannot predict whether the control options selected by 

States will include regulations on energy suppliers, distributors, or users. 

I. National Technology Transfer and Advancement Act

Deleted: per
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Section 12(d) of the National Technology Transfer and 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 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 voluntary consensus standards 

bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when 

the Agency decides not to use available and applicable voluntary consensus standards. 

This proposed rulemaking involves technical standards with regard to ambient 

monitoring of CO. We have not identified any potentially applicable voluntary 

consensus standards that would adequately characterize ambient CO concentrations for 

the purposes of determining compliance with the CO NAAQS and none have been 

brought to our attention.

EPA welcomes comments on this aspect of the proposed rule, and specifically 

invites the public to identify potentially applicable voluntary consensus standards and to 

explain why such standards should be used in the 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 

Deleted: No. 

Deleted: -

Deleted: 

Deleted: 

Deleted: does not involve

Deleted: . Therefore, EPA is not considering the 

use