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Citation: 73 Fed. Reg. 62902 2008

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

EPA-APPROVED REGULATIONS INTHE VIRGINIA 

### SIP-Continued

State citation State effective EPA aproval date Explanation

(9VAC 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 offailure to submit or determinations of incompleteness for all or a portion of a state's SIP establish a 24-month deadline forEPA to promulgate a Federal Implementation Plan (FIP) to address the outstanding SIP elements unless, prior to thattime, the affected
states submit, and EPA approves, the required SIPs. The findings that all, or portions ofa state's SIP submission, are complete establish a 12-month deadline for EPA to take action upon the complete SIP elements in accordance withthe CAA. DATES: The effective date ofthis rule is November 21, 2008.
FOR FURTHER INFORMATION CONTACT: David Sanders, Office ofAir 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 forSection 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 noteach state has submitted a complete State Implementation Plan (SIP)that provides the basic program elements specified in section 110(a)(2) ofthe 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 ofthe 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 arule without providing notice and an opportunity for public comment. EPA has determined that there is good

cause formaking this action final without prior proposal and opportunity for comment because no significant EPA judgment is involved inmaking a finding offailure to submit SIPs, or elements ofSIPs, 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
stateplease.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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Regionaloffices States
Region X-Mahbubul Islam, Manager, State and Tribal Air Programs, Alaska, Idaho, Oregon, andWashington.

EPA Region X,Office of Air, Waste, and Toxics, Mail Code OAQ107, 1200 SixthAvenue, Seattle, WA 98101.

Table ofContents
I.Background II. This Action

A. Finding ofFailure To Submit for States

That Failed To Make a Submittal B. Finding ofFailure To Submit Specific

Elements ofSection 110(a)(2) C.List ofStates 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, orUse 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 PM25 . In that action, the annual PM 2. 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 PM 2. 5 standard was set at 65 gg/m 3

, based on the 3-year average ofth6 98th percentile of24-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 anew orrevised 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 ofthat 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 ofsuch 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 ofthe section 110(a)(2) requirements for the 1997 PM2.5NAAQS (as well as for the 8-hour ozone NAAQS). On March 4, 2004, Earth Justice submitted anotice of intent to sue related to EPA's failure to issue findings offailure to submit related to these requirements. Subsequently, EPA entered into a Consent Decree with EarthJustice 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 ofsection 110(a)(2) for the 1997 PM2. 5 NAAQS. Section 110(a)(2) lists specific elements that states must meet inthe 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 ofthe 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 2.5NationalAmbient Air Quality Standards," EPA identified the specific requirements that are the subject ofthis action and provided additional guidance on meeting the requirements.

Ofspecial interest is section 110(a)(2)(G) ofthe CAAwhich 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 (PM 10), nitrogen dioxide, carbon monoxide, and ozone. The SHL represents ambient concentrations ofsaid 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 yetto develop a SHLfor PM2.5,states have been placed at adisadvantage in meeting this requirement under the CAA. Although EPA's delay in developing aSHL for PM2.5may have made it more difficult for states to meet the section 110(a)(2)(G) obligation, nonetheless, states are still required by
statute to satisfythe obligation to have adequate authority toprotect the public
in the event ofa 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,

orboth.

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 ofa new or revised NAAQS, but rather are due at the time the nonattainment areaplan 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 ofthe CAA, and (ii) submissions required by section 110(a)(2)(I) which pertain to the nonattainment planning requirements of part D, Title I ofthe 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 ofPart 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, ata minimum, provide a set ofactions that are necessary to prevent ambient pollutant concentrations fromreaching levels that couldcause significant harm andendangerment to the health ofpersons in theaffected areas.

zEPApublished afinding thatall states had failed to submit SIPs addressing interstate transport forthe 8-hour ozone and PM2

_ 5 NAAQS, as required by section -110(a}(2}(D}(i). See70 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 forthose 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 ofthe section 110(a)(2) elements, EPA is making these findings only withrespect 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 ofthe signature date ofthis notice.These.findings establish a 24-month deadline for the promulgation byEPA ofa FIP, in accordance with section 110(c)(1). These findings offailure to submit do
not impose sanctions, or set deadlines for imposing sanctions as described in section 179 ofthe CAA, because these findings do not pertain to the elements of aTitle Ipart 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 offailure to submit for the section 110(a)(2) SIP.elements, EPA is by this action making afinding of completeness forall elements. These full and partial completeness findings establish a 12-month deadline forEPA
to take action upon such SIPs in accordance with section 110(k). 3

This action will be effective on November 21, 2008.

A. Findingof FailureTo Submit for Statesor TerritoriesThatFailedTo Make aSubmittal

The following states or territories failed to make a submittal to satisfy the

3For those submissions that were made more than 6 months ago, EPA's deadline totake action to approve those submissions is 18 months from the date ofsubmittal. requirements ofsection 110(a)(2) as of the date ofsignature ofthis notice. The effective date ofthis action starts a 24- month FIP clock forEPA to approve a SIP for the affected states orterritories that addresses section 110(a)(2) requirements, or forEPA to finalize a FIP. The states and territories that are affected by this finding offailure to submit are the following: Region I: Vermont Region VI: Oklahoma Region VIII: North Dakota Region IX: Hawaii, Guam, American

Samoa, Commonwealth ofthe Northern Mariana Islands Region X: Alaska, Washington

B.Findingof FailureTo Submit Specific ElementsofSection 110(a)(2)

The following states made submissions that address some, but not all, ofthe section 110(a)(2) requirements

as ofthe signature date ofthis notice. EPA is by this action identifying the specific elements for which states have
not made a complete submission. The effective date ofthis action starts a 24- month FIPclock for EPAto approve a SIP forthe affected states or territories that addresses these specific section 110(a)(2) elements, orfor 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 PSDpermit
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 ofNew Jersey has submitted a certification letter which fails to address the contingency plans portion ofthe section 110(a)(2)(G) element concerning emergency powers and adequate contingency plans. Also, the State ofNewJersey 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 aFIP that remains inplace, and therefore, this action will not trigger any additional FIP obligations.

New York: The State ofNew York has submitted a certification letter which fails to address the contingency plans portion ofthe section 110(a)(2)(G) element concerning emergency powers and adequate contingency plans. Also, the State ofNew Yorkhas 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 bya FIP that remains in place, and therefore, this action will not trigger any additional FIP obligatiofns.

Puerto Rico: The Territory ofPuerto Rico has submitted a certification letter which fails to address the contingency plans portion ofthe section 110(a)(2)(G) element concerning emergency powers and adequate contingency plans. Also, the Territory ofPuerto Rico has failed to submit aSIP 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 inplace, and therefore, this action will not trigger any additional FP obligations.

Virgin Islands: The Territory ofthe Virgin Islands has submitted a certification letter which fails to address the contingency plans portion ofthe 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 aFIP 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 aFIP.that remains inplace, and therefore, this action will nottrigger any additional
FIP obligations. Region V

Illinois: The State ofIllinois has failed
to submit aSIP addressing section 110(a)(2)(C) and (J) pertaining to the Part CPSD permit program. However, this requirement has already been addressed by a FIP that remains inplace, 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 ofthe section 110(a)(2)(G) element concerning emergency powers and adequate contingency plans.

Minnesota: The State ofMinnesota has submitted a certification letter which fails to address the contingency plans portion ofthe section 110(a)(2)(G) element concerning emergency powers and adequate contingency plans. Also, th6 State ofMinnesota has failedto submit a SIP addressing section 

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110(a)(2)(C) and (J) pertaining to the Part C PSDpermit program. However, this requirement has already been addressed by a FP that remains inplace, and therefore, this action will not trigger any additional FIP-obligations.

Wisconsin: The State ofWisconsin 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 ofArizona has submitted a certification letter which failsto address the section 110(a)(2)(E)(i) and section 110(a)(2)(E)(ii) concerning the necessary

assurances ofadequate resources and authority under state law and state compliance with requirements respecting stateboards. The State of Arizona has submitted acertification letter which fails to address the section 110(a)(2)(G) element concerning emergency powers and adequate contingency plans.

California: The State ofCalifornia has submitted acertification letter which fails to address the section 110(a)(2)(G) element concerning emergency powers and adequate contingency plans. The State ofCalifornia has failed to submit

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

### (J)pbrtaining to thePart 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 inplace, and therefore, this action will not trigger any additional FIP obligations. All other

areas ofthe state, exclusive ofthese Air Districts have an approved PSD program inplace.

C. States ThatSubmittedComplete Submissions To Satisfythe Section 110(a)(2)Requirements

The following states have been determined by EPA to have made complete SIP submissions that address all ofthe section 110(a)(2) requirements

as ofthe signature date ofthisnotice: 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 Order12866:Regulatory Planning andReview
This action is not a "significant regulatory action" under the terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) andis therefore
not subject toreview under the EO.

B. Paperwork ReductionAct

This action does not impose an information collection burden under the provisions ofthePaperwork Reduction Act, 44 U.S.C. 3501 etseq. 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) ofthe CAA for the 1997 PM2.5 NAAQS. Section 110(a)(1) ofthe CAA requires that states submit SIPs that implement, maintain, and enforce anew or revised NAAQS which satisfies the requirements ofsection 110(a)(2) within 3 years ofpromulgation ofsuch 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.RegulatoryFlexibility Act (RFA)
The Regulatory Flexibility Act (RFA) generally requires an agency to prepare
aregulatory flexibility analysis ofany 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 ofsmall entities. Small entities include small businesses, small organizations, and small governmental jurisdictions.

For the purpose ofassessing the impacts ofthis 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 ofa city, county, town, school district or special district with a population ofless than 50,000; and (3) a small organizaiion that is anynot-forprofit enterprise which independently owned and operated isnot dominate in its field.

After considering the economic impacts ofthis final action on small entities, Icertify that this action will not have a significant economic impact on

a substantial number ofsmall 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) ofthe CAA requires that states submit SIPs that implement, maintain, and enforce a new

or revised NAAQS which satisfies the requirements ofsection 110(a)(2) within 3years ofpromulgation ofsuch standard, or shorter period as EPA may provide.

D. UnfundedMandatesReformAct of 1995 (UMRA)

This action contains no Federal mandate under the provisions ofTitle II ofthe 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 orthe private sector. Therefore, this action is not subject to the requirements ofsection 202 and 205 ofthe UMRA.

This action is also not subject to the requirements of section 203 ofUMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments. This action relates to the requirement inthe CAA for states to submit SIPs under section 110(a)to satisfy certain infrastructure and general authorityrelated elements required under section 110(a)(2) ofthe CAA for the 1997 PM2. 5 NAAQS. Section 110(a)(1) ofthe CAA requires that states submit SIPs that implement, maintain, and enforce a new

or revised NAAQS which satisfies the requirements ofsection 110(a)(2) within 3years ofpromulgation ofsuch standard, or shorter period as EPA may provide.

E.Executive Order13132:Federalism

Executive Order 13132, entitled "Federalism" (64FR 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 thathave 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 andresponsibilities among the various levels ofgovernment."

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 ofpower and responsibilities among the various levels ofgovernment, as specified in Executive Order 13132. The CAA establishes the scheme whereby states take the lead indeveloping plans to meet the NAAQS. This action will not modify the relationship ofthe states and EPA forpurposes ofdeveloping
programs to implement the NAAQS. Thus, Executive Order 13132 does not apply to this action.

F.Executive Order13175:Consultation andCoordinationWith IndianTribal Governments

This action does nothave tribal implications, as specified inExecutive Order 13175 (65 FR 67249, November 9, 2000). It does nothave 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 ofpower and responsibilities between the Federal government and Indian Tribes. The CAA and the Tribal Air Rule establish the relationship ofthe 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 Order13045:Protectionof ChildrenFromEnvironmentalHealth * andSafety 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 ofthe 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 noteach state has submitted a complete SIP that provides thebasic program elements siecified inCAA 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 Order13211:Actions That Significantly Affect EnergySupply, 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. NationalTechnology Transfer AdvancementAct

Section 12(d) ofthe 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 inconsistentwith applicable law or otherwise impracticable. VCS are technical standards (e.g., materials specifications, testmethods, sampling procedures, and business practices) that

are developed or adopted by VCS bodies. The NTTAA directs EPAto 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 ofany VCS.

J.Executive Order12898:Federal Actions ToAddressEnvironmental JusticeinMinorityPopulations and Low-IncomePopulations

Executive Order 12898 (59FR 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 oftheir mission by identifying and addressing,

as appropriate, disproportionately high and adverse human health or environmental effects oftheirprograms, policies, and activities on minority populations and low-income populations inthe United States.

EPA has determined that this final actionwill not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does
not affect the level ofprotection provided to human health orthe environment. This notice is making a finding concerning whether each state has submitted or failed to submit a. complete SIPthat provides the basic program elements ofsection 110(a)(2) necessary to implement the 1997 PM2. 5 NAAQS.

K. Congressional ReviewAct

The Congressional ReviewAct, 5 U.S.C. 801 etseq., as added bythe 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 rulereport, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States prior to publication ofthe 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) ofthe CAA, petitions forjudicial review ofthis action must be filed in the United States Court ofAppeals for the District of Columbia Circuit Court within 60 days from the days from thedate final action is published in the Federal Register. Filing a petition forreview by the Administrator ofthis final action does.
notaffect the finality of this action for the purposes ofjudicial review nor does it extend the time within which a petition forjudicial review must be final, and shall not postpone the effectiveness ofsuch action.

Thus, any petitions for review ofthis action related to findings offailure to submit related to the requirements of section 110(a)to satisfy certain elements required under section 110(a)(2) ofthe CAA for the 1997 PM2. 5 NAAQS mustbe filed in the Court ofAppeals for the District ofColumbia Circuit within 60 days from the date final action is published in the FederalRegister.

List ofSubjects in40 CFRPart52

Approval and promulgation of implementation plans, Environmental protection, Administrative practice and procedures, Airpollution control, Incorporation byreference, Intergovernmental relations, and Reporting and recordkeeping requirements.

Dated: October 3,2008. Robert J.Meyers, Principal DeputyAssistantAdministrator. [FRDoc. E8-25020 Filed 10-21-08; 8:45 am]

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