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62902 Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Rules and Regulations

EPA-APPROVED REGULATIONS IN THE VIRGINIA SIP-Continued

State citation State effective EPA aproval date Explanation (9 VAC 5 Title/subject date [former SIP citation]

Chapter 80)

5-80-1985 ........ Permit invalidation, revocation, and enforcement ....

5-80-1995 ........ Existence of permit no defense ................................

9/1/06 10/22/08 [Insert page

number where the document begins].

9/1/06 10/22/08 [Insert page

number where the document begins].

identifying those states that: Have failed

to make a complete submission for all

requirements; have failed to make a

complete submission for specific

requirements; or have made a complete

submission. The findings of failure to

submit or determinations of

incompleteness for all or a portion of a

state's SIP establish a 24-month

deadline for EPA to promulgate a

Federal Implementation Plan (FIP) 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, are

complete establish a 12-month deadline

for EPA to take action upon the

complete SIP elements in accordance

with the CAA.

DATES: The effective date of this rule is

November 21, 2008.

FOR FURTHER INFORMATION CONTACT:

David Sanders, Office of Air Quality

Planning and Standards, Air Quality

Policy Division, Mail Code C539-01,

Research Triangle Park, NC 27709;

telephone (919) 541-3356; fax number

[FR Doc. E8-25014 Filed 10-21-08; 8:45 am]

BILUNG CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[EPA-H-OAR-2008-0452; FRL-8728-3]

-Completeness Findings for Section

110(a) State Implementation Plans

Pertaining to the Fine Particulate

Matter (PM 2.

5 ) 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

section 110(a)(2) of the Clean Air Act

(CAA or Act) necessary to implement

the 1997 Fine Particulate Matter (PM2.

5)

National Ambient Air Quality Standards

(NAAQS). By this action, EPA is

Regional offices

Region I-Dave Conroy, Acting Branch Chief, Air Programs Branch,

EPA New England, I Congress Street, Suite 1100, Boston, MA

02203-2211.

Region II-Raymond Werner, Chief, Air Programs Branch, EPA Region

II, 290 Broadway, 21st Floor, New York, NY 10007-1866.

Region Ill-Cristina Fernandez, Branch Chief, Air Quality Planning

Branch, EPA Region III, 1650 Arch Street, Philadelphia, PA 19103-

2187.

Region IV-Richard A. Schutt, Chief, Regulatory Development Section,

EPA Region IV, Sam Nun Atlanta Federal Center, 61 Forsyth Street,

SW, 12th Floor, Atlanta, GA 30303.

Region V-.Jay Bortzer, Chief, Air Programs Branch, EPA Region V, 77

West Jackson Street, Chicago, IL 60604.

Region VI-Thomas Diggs, Associate Director Air Programs, EPA Region VI, 1445 Ross Avenue, Dallas, TX 75202-2733.

Region VII-Joshua A. Tapp, Chief, Air Programs Branch, EPA Region

VII, 901 North 5th Street, Kansas City, Kansas 66101-2907.

Region VIIl-Cynthia Cody, Unit Leader, Air Quality Planning Unit, EPA

Region VIII Air Program, 1595 Wynkoop St. (8P-AR), Denver, CO

80202-1129.

Region IX-Usa Hant, Air Planning Office, EPA Region IX, 75 Hawthome Street, San Francisco, CA 94105.

Connecticut, Maine,

and Vermont.

5-80-1950. Limited Approval.

New. Limited Approval.

(919) 541-0824; e-mail address:

sanders.dave@epa.gov.

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 this action 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 below.

States

Massachusetts, New Hampshire, Rhode Island,

New Jersey, New York, Puerto Rico, and Virgin Islands.

Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and

West Virginia.

Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,

South Carolina, and Tennessee.

Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.

Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.

Iowa, Kansas, Missouri, and Nebraska.

Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming

Amercan Samoa, Arizona, Califomia, Commonwealth of Northern Mariana Islands, Guam, Hawaii, and Nevada.

I

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Federal Register/Vol. 73, No. 205/Wednesday, October 22, 2008/Rules and Regulations 62903

Regional offices States

Region X-Mahbubul Islam, Manager, State and Tribal Air Programs, Alaska, Idaho, Oregon, and Washington. EPA Region X, Office of Air, Waste, and Toxics, Mail Code OAQ107, 1200 Sixth Avenue, Seattle, WA 98101.

Table of Contents

I. Background

II. This Action

A. Finding of Failure To Submit for States

That Failed To Make a Submittal

B. Finding of Failure To Submit Specific

Elements of Section 110(a)(2)

C. 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

B. Paperwork Reduction Act

C. Regulatory Flexibility Act

D. Unfunded Mandates Reform Act of 1995

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. Executive Order 12898: Federal Actions

To Address Environmental Justice in

Minority Populations and Low-Income

Populations

J. National Technology Transfer

Advancement Act

K. Congressional Review Act

L. Judicial Review

I. Background

On July 18, 1997, EPA promulgated a

revised NAAQS for PM2 5 . In that action,

the annual PM2 . 5 standard was set at 15

gg/m 3 , based on the 3-year average of

annual arithmetic mean PM2.5

concentrations from single or multiple

community-ofiented monitors. The 24-

hour PM2 . 5 standard was set at 65 gg/m 3 ,

based on the 3-year average of th6 98th

percentile of 24-hour PM2 .

5

concentrations at each populationoriented monitor within an area (see 62

FR 38652).

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.

As of 2004, states had not submitted

complete SIPs to satisfy all of the

section 110(a)(2) requirements for the

1997 PM2.5 NAAQS (as well as for the

8-hour ozone NAAQS). 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 sign a notice for publication

in the Federal Register no later than

October 5, 2008, announcing EPA's

determinations pursuant to section

10(k)(1)(B) as to whether each state has

made complete submissions to meet the

requirements of section 110(a)(2) for the

1997 PM2.

5 NAAQS.

Section 110(a)(2) lists specific

elements that states must meet in the

general infrastructure SIP submissions.

The requirements include SIP

infrastructure elements such as

modeling, monitoring, and emissions

inventories that are designed to assure

attainment and maintenance of the

NAAQS. In an 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," EPA identified the

specific requirements that are the

subject of this action and provided

additional guidance on meeting the

requirements.

Of special interest is section

110(a)(2)(G) of the CAA which requires

SIPs to provide authority for emergency

episode plans comparable to that in

section 303, as well as provide adequate

contingency plans to implement.such

authority. On that authority, EPA

previously established Significant Harm

Levels (SHL) for five criteria

pollutants-sulfur dioxide, inhalable.

particulate matter (PM10), nitrogen

dioxide, carbon monoxide, and ozone.

The SHL represents ambient

concentrations of said pollutant that

EPA determined, based on health effects

data at'that time, present an imminent

and substantial endangerment to public

health or welfare, or to the

environment.' Since EPA has yet to

develop a SHL for PM2.5, states have

been placed at a disadvantage in

meeting this requirement under the

CAA. Although EPA's delay in

developing a SHL for PM2.5 may have

made it more difficult for states to meet

the section 110(a)(2)(G) obligation,

nonetheless, states are still required by

statute to satisfy the obligation to have

adequate authority to protect the public

in the event of a dangerous PM2 .5 air

pollution episode and adequate

contingency plans to implement that

authbrity. In this notice, we make

findings that some states have failed to

make a submission addressing either

statutory authority for emergency

powers or adequate contingency plans,

or both.

Two elements identified in section

110(a)(2) are not governed by the 3-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 the requirements in section

110(a)(2)(D)(i), because EPA has

previously addressed that requirement.2

IThe SHLs and associated requirements for

developing Emergency Episode Plans are codified at

40 CFR Part 51 Subpart H. Appendix L of Part 51,

provides an example regulation intended as a guide

for states that must develop emergency episode

plans (51 FR 40668, November 7, 1986). Subpart H

requires states to develop emergency episode plans

(where appropriate) that, at a minimum, provide a

set of actions that are necessary to prevent ambient

pollutant concentrations from reaching levels that

could cause significant harm and endangerment to

the health of persons in the affected areas.

zEPA 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).

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II. This Action

This notice reflects EPA's

determinations with respect to the

section 110(a)(2) requirements for the

1997 PM2.5 NAAQS only, based upon

the submissions made by the states to

fulfill the requirements, or certifying

that they have already met the

requirements, or both. For those states

that have not yet made a submittal, EPA

is making a finding of failure to submit,

and for those states that made a

submittal that was not complete with

respect to each element of section

110(a)(2), EPA is making an

incompleteness finding.

For those states that did not make any

submittal, EPA is making a finding of

failure to submit 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 the signature

date of this notice. 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

findings 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). For states receiving an

incompleteness finding for certain

eleinents in section 110(a)(2), EPA is

also finding that the remaining elements

of section 110(a)(2) are complete. For

states which EPA has not made any

findings of failure to submit for the

section 110(a)(2) SIP.elements, EPA is

by this action making a finding of

completeness for all 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). 3

This action will be effective on November 21, 2008.

A. Finding of Failure To Submit for

States or Territories That Failed To

Make a Submittal

The following states or territories

failed to make a submittal to satisfy the

3 For those submissions that were made more

than 6 months ago, EPA's deadline to take action

to approve those submissions is 18 months from the

date of submittal.

requirements of section 110(a)(2) as of

the date of signature of this notice. The

effective date of this action starts a 24-

month FIP clock for EPA to approve a

SIP for the affected states or territories

that addresses section 110(a)(2)

requirements, or for EPA to finalize a

FIP. The states and territories that are

affected by this finding of failure to

submit are the following:

Region I: Vermont

Region VI: Oklahoma

Region VIII: North Dakota

Region IX: Hawaii, Guam, American

Samoa, Commonwealth of the

Northern Mariana Islands

Region X: Alaska, Washington

B. Finding of Failure To Submit Specific

Elements of Section 11 0(a)(2)

The following states made

submissions that address some, but not

all, of the section 110(a)(2) requirements

as of the signature date of this notice.

EPA is by this action identifying the

specific elements for which states have

not made a complete submission. The

effective date of this action starts a 24-

month FIP clock for EPA to approve a

SIP for the affected states or territories

that addresses these specific section

110(a)(2) elements, or for EPA to finalize

a FIP that does so:

Region I

Massachusetts: The State of

Massachusetts has failed to submit a SIP

addressing section 110(a)(2)(C) and (J)

pertaining to 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 obligations.

Region II

New Jersey: The State of New Jersey

has submitted a certification letter

which fails to address the contingency

plans portion of the section 110(a)(2)(G)

element concerning emergency powers

and adequate contingency plans. Also,

the State of New Jersey has failed to

submit a SIP addressing section

110(a)(2)(C) and (J) pertaining to 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 obligations.

New York: The State of New York has

submitted a certification letter which

fails to address the contingency plans

portion of the section 110(a)(2)(G)

element concerning emergency powers

and adequate contingency plans. Also,

the State of New York has failed to

submit a SIP addressing section

110(a)(2)(C) and (J) pertaining to 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 obligatiofns.

Puerto Rico: The Territory of Puerto

Rico has submitted a certification letter

which fails to address the contingency

plans portion of the section 110(a)(2)(G)

element concerning emergency powers

and adequate contingency plans. Also,

the Territory of Puerto Rico has failed to

submit a SIP addressing section

110(a)(2)(C) and (J) pertaining to 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 FP obligations.

Virgin Islands: The Territory of the

Virgin Islands has submitted a

certification letter which fails to address

the contingency plans portion of the

jection 110(a)(2)(G) element concerning

emergency powers and adequate

contingency plans. Also, the Territory of

the Virgin Islands his failed to submit

a SIP addressing section 110(a)(2)(C)

and (J) pertaining to 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 obligations.

Region III

Washington, DC: The District of

Columbia has failed to submit a SIP

addressing section 110(a)(2)(C) and (J)

pertaining to 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 obligations.

Region V

Illinois: The State of Illinois has failed

to submit a SIP addressing section

110(a)(2)(C) and (J) pertaining to 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 obligations.

Michigan: The State of Michigan has

submitted a certification letter which

fails to address the contingency plans

portion of the section 110(a)(2)(G)

element concerning emergency powers

and adequate contingency plans.

Minnesota: The State of Minnesota

has submitted a certification letter

which fails to address the contingency

plans portion of the section 110(a)(2)(G)

element concerning emergency powers

and adequate contingency plans. Also,

th6 State of Minnesota has failed to

submit a SIP addressing section

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110(a)(2)(C) and (J) pertaining to the Part

C PSD permit program. However, this

requirement has already been addressed

by a FP that remains in place, and

therefore, this action will not trigger any

additional FIP-obligations.

Wisconsin: The State of Wisconsin

has submitted a certification letter

which fails to address the contingency

plans portion of the section 110(a)(2)(G)

element concerning emergency powers

and adequate contingency plans.

Region IX

Arizona: The State of Arizona has

failed to submit a SIP addressing section

110(a)(2)(C) and (J) pertaining to 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 obligations. Also, the

State of Arizona has submitted a

certification letter which fails to address

the section 110(a)(2)(E)(i) and section

110(a)(2)(E)(ii) concerning the necessary

assurances of adequate resources and

authority under state law and state

compliance with requirements

respecting state boards. The State of

Arizona has submitted a certification

letter which fails to address the section

110(a)(2)(G) element concerning

emergency powers and adequate

contingency plans.

California: The State of California has

submitted a certification letter which

fails to address the section 110(a)(2)(G)

element concerning emergency powers

and adequate contingency plans. The

State of California has failed to submit

a SIP addressing section 110(a)(2)(C)

and (J) pbrtaining to the Part C PSD

permit program that applies to some Air

Districts within the State. However, this

requirement has already been addressed

by a FIP that remains in place, and

therefore, this action will not trigger any

additional FIP obligations. All other

areas of the state, exclusive of these Air

Districts have an approved PSD program

in place.

C. States That Submitted Complete

Submissions To Satisfy the Section

11 0(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

as of the signature date of this notice:

Region I: Connecticut, Maine, New

Hampshire, Rhode Island

Region III: Delaware, Maryland,

Pennsylvania, Virginia, West Virginia

Region IV: Alabama, Florida, Georgia,

Kentucky, Mississippi, North

Carolina, South Carolina, Tennessee

Region V: Indiana, Ohio

Region VJ: Arkansas, Louisiana, New

Mexico, Texas

Region VII: Iowa, Kansas, Missouri,

Nebraska

Region VIII: Colorado, Montana, South

Dakota, Utah, Wyoming

Region IX: Nevada

Region X: Idaho, Oregon

III. 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 (EO) 12866 (58 FR

51735, October 4, 1993) and is therefore

not subject to review under the EO.

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. Burden is

defined at 5 CFR 1230.3(b). 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 PM2.5 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 action does not

establish any new information

collection requirement apart from that

already required by law.

C. Regulatory Flexibility Act (RFA)

The Regulatory Flexibility Act (RFA)

generally requires an agency to prepare

a regulatory flexibility analysis of any

action subject to notice and comment

rulemaking requirements under the

Administrative Procedures Act or any

other statute unless the agency certifies

that the action 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 actiori 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 size standards

(See 13 CFR 121); (2)Va 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 organizaiion that is any not-forprofit enterprise which independently

owned and operated is not dominate in

its field.

After considering the economic

impacts of this final action on small

entities, I certify that this action will not

have a significant economic impact on

a substantial number of small entities.

This final action will not impose any

requirements on small entities. This

action relates to the requirement in the

CAA for states to submit SPs under

section 110(a) to satisfy certain

infrastructure and general authorityrelated elements required under section

110(a)(2) of the CAA for the 1997 PM2.5

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.

D. Unfunded Mandates Reform Act of

1995 (UMRA)

This action contains no Federal

mandate under the provisions of Title II

of the Unfunded Mandates Reform Act

of 1995, 2 U.S.C. 1531-1538 for state,

local, and tribal governments and the

private sector. The action imposes no

enforceable duty on any state, local or

tribal governments or the private sector.

Therefore, this action is not subject to

the requirements of section 202 and 205

of the UMRA.

This action is also not subject to the

requirements of section 203 of UMRA

because it contains no regulatory

requirements that might significantly or

uniquely affect small governments. This

action relates to the requirement in the

CAA for states to submit SIPs under

section 110(a) to satisfy certain

infrastructure and general authorityrelated elements required under section

110(a)(2) of the CAA for the 1997 PM2.

5

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.

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

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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 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 CAA

establishes the scheme whereby states

take the lead in developing plans to

meet the NAAQS. This action 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 action.

F. Executive Order 13175: Consultation

and Coordination With Indian Tribal

Governments

This action does not have tribal

implications, as specified in Executive

Order 13175 (65 FR 67249, November 9,

2000). 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 .M 2.

5

NAAQS. Furthermore, this action does

not affect the relationship or

distribution of power and

responsibilities between the Federal

government and Indian Tribes. The

CAA and the Tribal Air 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. Thus, Executive Order

13175 does not apply to this action.

G. Executive Order 13045: Protection of

Children From Environmental Health

* and Safety Risks

EPA interprets Executive Order 13045

(62 FR 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 Executive

Order has the potential to influence the

regulation. This action is not subject to

Executive Order 13045 because it is

making findings concerning whether or

not each state has submitted a complete

SIP that provides the basic program

elements siecified in CAA section

110(a)(2) necessary to implement the

1997 PM2.5 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 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 action is not subject to Executive

Order 13211 (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 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 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

action 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. 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 PM2.

5

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 action 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 action

in the Federal Register. A Major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is npt a "major rule" as

defined by 5 U.S.C. 804(2). This action

will be effective November 21, 2008.

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 action does.

not affect the finality of this action 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 action.

Thus, any petitions for review of this

action related to 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 PM2.

5 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.

List of Subjects in 40 CFR Part 52

Approval and promulgation of

implementation plans, Environmental

protection, Administrative practice and

procedures, Air pollution control,

Incorporation by reference,

Intergovernmental relations, and

Reporting and recordkeeping

requirements.

Dated: October 3, 2008.

Robert J. Meyers,

Principal Deputy Assistant Administrator.

[FR Doc. E8-25020 Filed 10-21-08; 8:45 am]

BILUNG CODE 6560-50-P

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