Federal Register / Vol. 73, No. 60 / Thursday, March 27, 2008 / Rules and Regulations 16205 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

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

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 27, 2008. 

Interested parties should comment in 

response to the proposed rule rather 

than petition for judicial review, unless 

the objection arises after the comment 

period allowed for in the proposal. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: March 14, 2008. 

Robert W. Varney, 

Regional Administrator, EPA New England. 

■ Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart OO—Rhode Island 

■ 2. In § 52.2070 (c), the table entitled 

‘‘EPA Approved Rhode Island 

Regulations,’’ is amended by adding a 

new entry, ‘‘Air Pollution Control 

Regulation Number 45’’ in numerical 

order to read as follows: 

§ 52.2070 Identification of plan. 

* * * * * 

(c) EPA approved regulations. 

EPA APPROVED RHODE ISLAND REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanations 

* * * * * * * 

Air Pollution Control Regulation Number 45.Rhode Island Diesel Engine 

Anti-Idling Program.

July 19, 2007 .... March 27, 2008; [Insert Federal Register page number where the document 

begins].

Limits idling for diesel onhighway and non-road engines. 

* * * * * * * 

[FR Doc. E8–6183 Filed 3–26–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR PART 52 

[EPA–HQ–OAR–2007–1173, FRL–8545–6] 

RIN 2060–APO3 

Completeness Findings for Section 

110(a) State Implementation Plans for 

the 8-hour Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is making a finding 

concerning whether or not each State 

has submitted a complete State 

Implementation Plan (SIP) that provides 

the basic program elements specified in 

Clean Air Act (Act or CAA) section 

110(a)(2) necessary to implement the 

1997 8-hour ozone National Ambient 

Air Quality Standards (NAAQS). By this 

action, EPA is identifying those States 

that: 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 for all or a portion of 

a State’s SIP establish a 24-month 

deadline for EPA to promulgate Federal 

Implementation Plans (FIPs) to address 

the outstanding SIP elements unless, 

prior to that time, the affected States 

submit, and EPA approves, the required 

SIPs. The findings that all, or portions 

of a State’s SIP submission, are 

complete establish a 12-month deadline 

for EPA to take action upon the 

complete SIP elements in accordance 

with section 110(k). 

DATES: The effective date of this rule is 

April 28, 2008. 

FOR FURTHER INFORMATION CONTACT: 

General questions concerning this 

notice should be addressed to Mr. Larry 

D. Wallace, PhD, Office of Air Quality 

Planning and Standards, Air Quality 

Policy Division, Mail Code C504–2, 109 

TW Alexander Drive, Research Triangle 

Park, NC 27709; telephone (919) 541–

0906. 

SUPPLEMENTARY INFORMATION: Section 

553 of the Administrative Procedures 

Act, 5 U.S.C. 553(b)(B), provides that, 

when an agency for good cause finds 

that notice and public procedure are 

impracticable, unnecessary or contrary 

to the public interest, the agency may 

issue a rule without providing notice 

and an opportunity for public comment. 

EPA has determined that there is good 

cause for making this rule final without 

prior proposal and opportunity for 

comment because no significant EPA 

judgment is involved in making a 

finding of failure to submit SIPs, or 

elements of SIPs, required by the CAA, 

where states have made no submissions, 

or incomplete submissions, to meet the 

requirement by the statutory date. Thus, 

notice and public procedure are 

unnecessary. EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(B). 

For questions related to a specific 

State please contact the appropriate 

regional office: 


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1EPA 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). 

Regional offices States 

Dave Conroy, Acting Branch Chief, Air Programs Branch, EPA New 

England, 1 Congress Street, Suite 1100, Boston, MA 02203–2211.

Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, 

and Vermont. 

Raymond Werner, Chief, Air Programs Branch, EPA Region II, 290 

Broadway, 21st Floor, New York, NY 10007–1866.

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

Christina Fernandez, Acting Branch Chief, Air Quality Planning Branch, 

EPA Region III, 1650 Arch Street, Philadelphia, PA 19103–2187.

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

West Virginia. 

Dick A. Schutt, Chief, Regulatory Development Section, EPA Region 

IV, Sam Nunn, Atlanta Federal Center, 61 Forsyth Street, SW., 12th 

Floor, Atlanta, GA 30303.

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

South Carolina, and Tennessee. 

Jay Bortzer, Chief, Air Programs Branch, EPA Region V, 77 West 

Jackson Street, Chicago, IL 60604.

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

Tom Diggs, Acting Associate Director Air Programs, EPA Region VI, 

1445 Ross Avenue, Dallas, TX 75202–2733.

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

Joshua A. Tapp, Chief, Air Programs Branch, EPA Region VII, 901 

North 5th Street, Kansas City, Kansas 66101–2907.

Iowa, Kansas, Missouri, and Nebraska. 

Cynthia Cody, Unit Leader, Air Quality Planning Unit, EPA Region VIII 

Air Program, 1595 Wynkoop St. (8P–AR), Denver, CO 80202–1129.

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

Lisa Hanf, Air Planning Office, EPA Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105.

Arizona, California, Guam, Hawaii, and Nevada. 

Mahbubul Islam, Manager, State and Tribal Air Programs, EPA Region 

X, Office of Air, Waste, and Toxics, Mail Code OAQ–107, 1200 Sixth 

Avenue, Seattle, WA 98101.

Alaska, Idaho, Oregon, and Washington. 

Table of Contents 

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 (RFA) 

D. Unfunded Mandates Reform Act of 1995 

(UMRA) 

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 and Low Income Populations 

K. Congressional Review Act 

L. Judicial Review 

I. Background 

On July 18, 1997, EPA promulgated 

new NAAQS for ozone based on 8-hour 

average concentrations. The 8-hour 

averaging period replaced the previous 

1-hour averaging period, and the level of 

the NAAQS was changed from 0.12 ppm 

to 0.08 ppm (62 FR 38,856). 

The CAA section 110(a) requires 

States to submit SIPs that provide for 

the implementation, maintenance, and 

enforcement of a new or revised 

NAAQS within 3 years following the 

promulgation of such NAAQS, or within 

such shorter period as EPA may 

prescribe. Section 110(a) imposes the 

obligation upon States to make a SIP 

submission to EPA for a new or revised 

NAAQS, but the contents of that 

submission may vary depending upon 

the facts and circumstances. In 

particular, the data and analytical tools 

available at the time the State develops 

and submits the SIP for a new or revised 

NAAQS necessarily affects the content 

of the submission. The contents of such 

SIP submissions may also vary 

depending upon what provisions the 

State’s existing SIP already contains. In 

the case of the 1997 8-hour ozone 

NAAQS, States typically have met the 

basic program elements required in 

section 110(a)(2) through earlier SIP 

submissions in connection with 

previous ozone standards. 

Section 110(a)(2) lists specific 

elements that States must meet in these 

SIP submissions. The requirements 

include SIP infrastructure elements 

such as requirements for modeling, 

monitoring, and emissions inventories 

that are designed to assure attainment 

and maintenance of the NAAQS. The 

requirements that are the subject of this 

action are listed in EPA’s October 2, 

2007 memorandum entitled ‘‘Guidance 

on SIP Elements Required Under 

Section 110(a)(1) and (2) for the 1997 8- 

hour Ozone and PM–2.5 National 

Ambient Air Quality Standards.’’

Two elements identified in section 

110(a)(2) are not governed by the 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 section 110(a)(2)(D), because 

EPA has previously addressed that 

requirement.1

As of 2004, States had not submitted 

complete SIPs to satisfy all of the 

section 110(a)(2) requirements for the 

1997 8-hour ozone NAAQS revision. On 

March 4, 2004, Earth Justice submitted 

a notice of intent to sue related to EPA’s 

failure to issue findings of failure to 

submit related to these requirements. 

Subsequently, EPA entered into a 

Consent Decree with Earth Justice 

which required EPA, among other 

things, to complete a Federal Register 

notice announcing EPA’s 

determinations pursuant to section 

110(k)(1)(B) as to whether each State has 

made complete submissions to meet the 

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

1997 8-hour ozone NAAQS by 

December 15, 2007. Subsequently, EPA 

received an extension of the date to 

complete this Federal Register notice 

until March 17, 2008, based upon an 


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2 It should be noted that, while the State of 

Nevada did not make the submittal addressing the 

requirements of section 110(a)(2) by the January 7, 

2008 timeframe specified in the amended Consent 

Decree with Earth Justice, the State has 

subsequently made a submittal to address these 

requirements on February 1, 2008 and EPA is 

currently reviewing the submittal for completeness 

and approvability. 

agreement to make the findings with 

respect to submissions made by January 

7, 2008. In accordance with the Consent 

Decree, EPA is making completeness 

findings for each State based upon what 

the Agency received from each State as 

of January 7, 2008. This notice reflects 

EPA’s determinations with respect to 

the section 110(a)(2) requirements, 

based upon the submissions made by 

the States, either certifying that they 

have already met the requirements, 

making a submission to meet any 

outstanding requirements, or both. 

For those States that have not yet 

made a submittal, or that made a 

submittal that was not complete with 

respect to each element of section 

110(a)(2), EPA is making a finding of 

failure to submit. For those States that 

did not make any submittal by January 

7, 2008, EPA is making a finding with 

respect to all of the section 110(a)(2) SIP 

elements. For those States that did not 

make a submittal that addressed all of 

the section 110(a)(2) elements, EPA is 

making these findings only with respect 

to those specific section 110(a)(2) SIP 

elements which a State has not certified 

that it has met, or not made a SIP 

submission to meet, as of January 7, 

2008. These findings establish a 24 

month deadline for the promulgation by 

EPA of a FIP, in accordance with section 

110(c)(1). These findings of failure to 

submit do not impose sanctions, or set 

deadlines for imposing sanctions as 

described in section 179 of the CAA, 

because these finding do not pertain to 

the elements of a Title I part D plan for 

nonattainment areas as required under 

section 110(a)(2)(I), and because this 

action is not a SIP call pursuant to 

section 110(k)(5). 

With respect to the remaining section 

110(a)(2) SIP elements in those States in 

which EPA has identified specific 

findings of failure to submit, EPA is by 

this action making a finding that the 

remainder of such SIPs are complete. 

Likewise, with respect to those States 

for which EPA has not made any finding 

of failure to submit concerning the 

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

by this action making a finding that 

such SIPs are complete for all such 

elements. These full and partial 

completeness findings establish a 12- 

month deadline for EPA to take action 

upon such SIPs in accordance with 

section 110(k). 

II. This Action 

The EPA is making a finding 

concerning whether each State has 

submitted or failed to submit a complete 

SIP that provides the basic program 

elements of section 110(a)(2) necessary 

to implement the 1997 8-hour ozone 

NAAQS. For those States that have not 

yet made a complete submission, or that 

have not made a submission that is 

complete for each element of section 

110(a)(2), these findings establish a 24- 

month deadline for the promulgation by 

EPA of a FIP addressing these specific 

SIP elements, in accordance with 

section 110(c)(1). For those States that 

have submitted a complete SIP, and for 

those elements of SIPs in States for 

which EPA has identified only partial 

incompleteness, these findings establish 

a 12-month deadline for action upon the 

SIP, in accordance with section 110(k). 

This action will be effective on April 28, 

2008. 

A. Finding of Failure To Submit for 

States That Failed to Make a Submittal 

The following States failed to make a 

complete submittal to satisfy the 

requirements of section 110(a)(2) by 

January 7, 2008. EPA is by this action 

starting a 24-month deadline by which 

time EPA must promulgate a FIP for the 

affected States to address section 

110(a)(2) requirements, if the affected 

States fail to submit, and obtain EPA 

approval of, the SIP revisions necessary 

to address these requirements. The 

States and territories that are affected by 

this finding of failure to submit are the 

following: 

Region I: Vermont 

Region VI: Texas 

Region VIII: North Dakota 

Region IX: Arizona, Hawaii, Nevada,2

Guam, American Samoa, 

Commonwealth of the Northern 

Mariana Islands. 

Region X: Alaska, Idaho, Oregon, 

Washington. 

B. Finding of Failure To Submit Specific 

Elements of Section 110(a)(2) 

The following States made 

submissions that address some, but not 

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

by January 7, 2008. EPA is by this action 

identifying the specific elements for 

which States have not made a complete 

submission: 

Region I: 

Massachusetts: The State of 

Massachusetts has failed to submit a SIP 

addressing section 110(a)(2)(C) (the Part 

C PSD permit program). However, this 

requirement has already been addressed 

by a FIP that remains in place, and 

therefore this action will not trigger any 

additional FIP obligation. 

Region II: 

New York: The State of New York has 

failed to submit a SIP addressing section 

110(a)(2)(C) (the Part C PSD permit 

program). However, this requirement 

has already been addressed by a FIP that 

remains in place, and therefore this 

action will not trigger any additional 

FIP obligation. 

New Jersey: The State of New Jersey 

has failed to submit a SIP addressing 

section 110(a)(2)(C) (the Part C PSD 

permit program). However, this 

requirement has already been addressed 

by a FIP that remains in place, and 

therefore this action will not trigger any 

additional FIP obligation. 

Puerto Rico: The Commonwealth of 

Puerto Rico has failed to submit a SIP 

addressing section 110(a)(2)(C) (the Part 

C PSD permit program). However, this 

requirement has already been addressed 

by a FIP that remains in place, and 

therefore this action will not trigger any 

additional FIP obligation. 

Virgin Islands: The Virgin Islands has 

failed to submit a SIP addressing section 

110(a)(2)(C) (the Part C PSD permit 

program). However, this requirement 

has already been addressed by a FIP that 

remains in place, and therefore this 

action will not trigger any additional 

FIP obligation. 

Region III: 

Maryland: As required by sections 

110(a)(2)(C) and (J), the State of 

Maryland has failed to submit a SIP 

addressing changes to its part C PSD 

permit program required by the 

November 29, 2005 (70 FR 71612, page 

71699) final rule that made NOX a 

precursor for ozone in the part C 

regulations at 40 CFR 51.166 and in 40 

CFR 52.21. 

Pennsylvania: The Commonwealth of 

Pennsylvania has failed to submit a SIP 

addressing section 110(a)(2)(C) (the Part 

C PSD permit program) for only the 

Allegheny County portion of the 

Commonwealth. However, this 

requirement has already been addressed 

by a FIP (Implementation of the Federal 

PSD program has been delegated to the 

Allegheny County Health Department) 

that remains in place, and therefore this 

action will not trigger any additional 

FIP obligation. All other areas of the 

Commonwealth, exclusive of Allegheny 

County, has a SIP approved PSD 

program in place. 

Virginia: The Commonwealth of 

Virginia has failed to submit a SIP 

addressing the part C PSD permit 

program, which consists of changes 

required by the November 29, 2005 (70 

FR 71612 page 71699) final rule that 


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3While the District of Columbia did not make the 

submittal addressing the aforementioned 

requirements by the January 7, 2008 timeframe 

called for under the Consent Decree with Earth 

Justice, the District of Columbia subsequently made 

a submittal on January 11, 2008 that addresses the 

requirements related to sections 110(a)(2)(B), (E)(i), 

(F) (with respect to the public availability of 

reports), (H), and (J) (with respect to public 

notification under section 127). The EPA is 

currently reviewing the submittal for completeness. 

The District of Columbia has not submitted a part 

C PSD permit program required under sections 

110(a)(2)(C) and (J). It should be noted, however, 

that the District of Columbia is already subject to 

a FIP for a PSD permit program pursuant to 40 CFR 

52.499. 

4The State of North Carolina is currently going 

through the rulemaking process to approve the 

requirements to meet this element of section 

110(a)(2) and anticipates making the submittal to 

address the requirement by May 2008. 

5The State of Tennessee is currently going 

through the rulemaking process to approve the 

requirements to meet this element of section 

110(a)(2) and anticipates making the submittal to 

address the requirement by May 2008. 

made NOX a precursor for ozone in the 

Part C regulations at 40 CFR 51.166 and 

in 40 CFR 52.21. 

Washington, DC: The District of 

Columbia has failed to submit a SIP 

addressing sections 110(a)(2)(B), (C) (the 

Part C PSD permit program), (E)(i), (F) 

(the public availability of reports), (H), 

and (J) (with respect to a part C 

Prevention of Significant Deterioration 

(PSD) permit program and to public 

notification under section 127).3 The 

section 110(a)(2)(C) (the Part C PSD 

permit program) requirement has 

already been addressed by a FIP that 

remains in place, and therefore this 

action will not trigger any additional 

FIP obligation with respect to this 

requirement. 

West Virginia: The State of West 

Virginia has failed to make a submittal 

with respect to sections 110(a)(2)(B), 

(E)(i), (G) (with respect to authority 

comparable to section 303), (H) and (J) 

(relating to public notification under 

section 127) and (M). The State of West 

Virginia has also failed to submit a SIP 

addressing changes to the part C PSD 

permit program required by the 

November 29, 2005 (70 FR 71612, page 

71699) final rule that made NOX a 

precursor for ozone in the part C 

regulations at 40 CFR 51.166 and in 40 

CFR 52.21. 

Delaware: As required by sections 

110(a)(2)(C) and (J), the State of 

Delaware has failed to submit a SIP 

addressing changes to its part C PSD 

permit program required by the 

November 29, 2005 (70 FR 71612, page 

71699) final rule that made NOX a 

precursor for ozone in the Part C 

regulations at 40 CFR 51.166 and in 40 

CFR 52.21. 

Region IV: 

Florida: The State of Florida has 

failed to submit a SIP addressing the 

emergency episode plan requirement of 

section 110(a)(2)(G). 

Georgia: The State of Georgia has 

failed to submit a SIP addressing the 

emergency episode plan requirements of 

section 110(a)(2)(G). 

North Carolina: As required by 

sections 110(a)(2)(C) and (J), the State of 

North Carolina has failed to submit a 

SIP addressing changes to its part C PSD 

permit program required by the 

November 29, 2005 (70 FR 71612, page 

71699) final rule that made NOX a 

precursor for ozone in the Part C 

regulations at 40 CFR 51.166 and in 40 

CFR 52.21.4

Tennessee: As required by sections 

110(a)(2)(C) and (J), the State of 

Tennessee has failed to submit a SIP 

addressing changes to its part C PSD 

permit program required by the 

November 29, 2005 (70 FR 71612, page 

71699) final rule that made NOX a 

precursor for ozone in the Part C 

regulations at 40 CFR 51.166 and in 40 

CFR 52.21.5

Region V: 

Illinois: The State of Illinois has failed 

to submit a SIP addressing section 

110(a)(2)(C) (the Part C PSD permit 

program). However, this requirement 

has already been addressed by a FIP that 

remains in place, and therefore this 

action will not trigger any additional 

FIP obligation. 

Minnesota: The State of Minnesota 

has failed to submit a SIP addressing 

section 110(a)(2)(C) (the Part C PSD 

permit program). However, this 

requirement has already been addressed 

by a FIP that remains in place, and 

therefore this action will not trigger any 

additional FIP obligation. 

Region VI: 

Arkansas: As required by section 

110(a)(2)(C) and (J), the State of 

Arkansas has failed to submit a SIP 

addressing changes to the part C PSD 

permit program required by the 

November 29, 2005 (70 FR 71612, page 

71699) final rule that made NOX a 

precursor for ozone in the part C 

regulations at 40 CFR 51.166 and in 40 

CFR 52.21. 

New Mexico: As required by section 

110(a)(2)(C) and (J), the State of New 

Mexico has failed to submit a SIP 

addressing changes to the part C PSD 

permit program required by the 

November 29, 2005 (70 FR 71612, page 

71699) final rule that made NOX a 

precursor for ozone in the part C 

regulations at 40 CFR 51.166 and in 40 

CFR 52.21. 

Oklahoma: As required by section 

110(a)(2)(C) and (J), the State of 

Oklahoma has failed to submit a SIP 

addressing changes to the part C PSD 

permit program required by the 

November 29, 2005 (70 FR 71612, page 

71699) final rule that made NOX a 

precursor for ozone in the part C 

regulations at 40 CFR 51.166 and in 40 

CFR 52.21. 

Region IX: 

California: The State of California has 

failed to submit a SIP addressing section 

110(a)(2)(C) (the Part C PSD permit 

program) that applies to some Air 

Districts within the State. However, this 

requirement has already been addressed 

for these Air Districts by a FIP that 

remains in place, and therefore this 

action will not trigger any additional 

FIP obligation. All other areas of the 

State, exclusive of these Air Districts 

have an approved PSD program in 

place. 

C. List of States That Submitted 

Complete Submissions to Satisfy the 

Section 110(a)(2) Requirements 

The following States have been 

determined by EPA to have made 

complete SIP submissions that address 

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

by January 7, 2008: 

Region I: Maine, Rhode Island, 

Connecticut, and New Hampshire. 

Region IV: Alabama, Kentucky, 

Mississippi, and South Carolina. 

Region V: Indiana, Ohio, Michigan, and 

Wisconsin. 

Region VI: Louisiana. 

Region VII: Iowa, Kansas, Nebraska, and 

Missouri. 

Region VIII: Colorado, Montana, South 

Dakota, Utah, and Wyoming. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is a 

‘‘significant regulatory action’’ because 

it is likely to result in a rule that may 

raise novel legal or policy issues arising 

out of legal mandates, the President’s 

priorities, or the principles set forth in 

the Executive Order. Accordingly, EPA 

submitted this action to the Office of 

Management and Budget (OMB) for 

review under EO 12866 and any 

changes made in response to OMB 

recommendations have been 

documented in the docket for this 

action. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 


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provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. This rule 

relates to the requirement in the CAA 

for States to submit SIPs under section 

110(a) to satisfy certain infrastructure 

and general authority-related elements 

required under section 110(a)(2) of the 

CAA for the 1997 8-hour ozone NAAQS. 

Section 110(a)(1) of the CAA requires 

that States submit SIPs that implement, 

maintain, and enforce a new or revised 

NAAQS which satisfies the 

requirements of section 110(a)(2) within 

3 years of promulgation of such 

standard, or shorter period as EPA may 

provide. The present final rule does not 

establish any new information 

collection requirement apart from that 

already required by law. Burden means 

that total time, effort, or financial 

resources expended by persons to 

generate, maintain, retain, or disclose or 

provide information to or for a Federal 

agency. This includes the time needed 

to review instructions; develop, acquire, 

install, and utilize technology and 

systems for the purposes of collecting, 

validating, and verifying information, 

processing and maintaining 

information, and disclosing and 

providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. An Agency 

may not conduct or sponsor, and a 

person is not required to respond to a 

collection of information unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

EPA’s regulations in the CFR are listed 

in 40 CFR part 9. 

C. Regulatory Flexibility Act (RFA) 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedures Act (APA) or 

any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. 

For the purpose of assessing the 

impacts of this final rule on small 

entities, small entity is defined as: (1) A 

small business that is a small industry 

entity as defined in the U.S. Small 

Business Administration (SBA) size 

standards (See 13 CFR 121); (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which independently 

owned and operated is not dominant in 

its field. 

After considering the economic 

impacts of this final rule on small 

entities, I certify that this rule will not 

have a significant economic impact on 

a substantial number of small entities. 

This final rule will not impose any 

requirements on small entities. 

D. Unfunded Mandates Reform Act of 

1995 (UMRA) 

Title II of the Unfunded Mandate 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal Agencies to assess the effects of 

their regulatory actions on State, local 

and Tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandate’’ that may result 

in expenditures to State, local, and 

Tribal governments, in the aggregate, or 

to the private sector, of $100 million or 

more in any 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 costeffective or least burdensome alternative 

that achieves the objectives of the rule. 

The provisions of section 205 do not 

apply when they are inconsistent with 

applicable law. Moreover, section 205 

allows EPA to adopt an alternative other 

than the least costly, most cost-effective 

or least burdensome alternative if the 

Administrator publishes with the final 

rule an explanation of why that 

alternative was not adopted. Before EPA 

establishes any regulatory requirements 

that may significantly or uniquely affect 

small governments, including Tribal 

governments, it must have developed 

under section 203 of the UMRA a small 

government agency plan. The plan must 

provide for notifying potentially 

affected small governments to have 

meaningful and timely input in the 

development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small government on compliance with 

regulatory requirements. 

EPA has determined that this action 

does not contain a Federal mandate that 

may result in expenditures of $100 

million or more for State, local and 

tribal governments, in the aggregate, or 

the private sector in any 1 year. It does 

not create any additional requirements 

beyond those of the 1997 8-hour ozone 

NAAQS (62 FR 38652; 62 FR 38856, 

July 18, 1997). This rule responds to the 

requirement in the CAA for States to 

submit SIPs under section 110(a) to 

satisfy certain infrastructure and general 

authority-related elements required 

under section 110(a)(2) of the CAA for 

the 1997 8-hour ozone NAAQS. Section 

110(a)(1) of the CAA requires that States 

submit SIPs that implement, maintain, 

and enforce a new or revised NAAQS 

which satisfies the requirements of 

section 110(a)(2) within 3 years of 

promulgation of such standard, or 

shorter period as EPA may provide. The 

EPA believes that any new controls 

imposed as a result of this action will 

not cost in the aggregate $100 million or 

more annually. Thus, this action is not 

subject to the requirements of section 

202 and 205 of the UMRA. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the States, or the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’

This final rule does not have 

federalism implications. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. The CAA 

establishes the scheme whereby States 

take the lead in developing plans to 

meet the NAAQS. This rule will not 

modify the relationship of the States 

and EPA for purposes of developing 

programs to implement the NAAQS. 

Thus, Executive Order 13132 does not 

apply to this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 


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16210 Federal Register / Vol. 73, No. 60 / Thursday, March 27, 2008 / Rules and Regulations 

Tribal officials in the development of 

regulatory policies that have Tribal 

implications.’’ This final rule does not 

have Tribal implications, as specified in 

Executive Order 13175. This rule 

responds to the requirement in the CAA 

for States to submit SIPs under section 

110(a) to satisfy certain elements 

required under section 110(a)(2) of the 

CAA for the 1997 8-hour ozone NAAQS. 

Section 110(a)(1) of the CAA requires 

that States submit SIPs that provide for 

implementation, maintenance, and 

enforcement of a new or revised 

NAAQS, and which satisfy the 

applicable requirements of section 

110(a)(2), within 3 years of 

promulgation of such standard, or 

within shorter period as EPA may 

provide. The CAA provides for States 

and Tribes to develop plans to regulate 

emissions of air pollutants within their 

jurisdictions. The regulations clarify the 

statutory obligations of States and 

Tribes that develop plans to implement 

this rule. The Tribal Authority Rule 

(TAR) gives Tribes the opportunity to 

develop and implement CAA programs, 

but it leaves to the discretion of the 

Tribe whether to develop these 

programs and which programs, or 

appropriate elements of a program, the 

Tribe will adopt. 

This rule does not have Tribal 

implications as defined by Executive 

Order 13175. It does not have a 

substantial direct effect on one or more 

Indian Tribes, because no Tribe has 

implemented an air quality management 

program related to the 1997 8-hour 

ozone NAAQS. Furthermore, this rule 

does not affect the relationship or 

distribution of power and 

responsibilities between the Federal 

government and Indian Tribes. The 

CAA and the TAR establish the 

relationship of the Federal government 

and Tribes in developing plans to attain 

the NAAQS, and this rule does nothing 

to modify that relationship. Thus, 

Executive Order 13175 does not apply 

to this rule. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets EO 13045 (62 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 EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because it is making findings 

concerning whether or not each State 

has submitted a complete SIP that 

provides the basic program elements 

specified in CAA section 110(a)(2) 

necessary to implement the 1997 8-hour 

ozone 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 rule is not a ‘‘significant energy 

action’’ as defined in Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)) because it is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. At 

the time of proposal of the 

implementation rule for the 1997 8-hour 

ozone standard, information on the 

methodology and data regarding the 

assessment of potential energy impacts 

regarding implementation of the 1997 8- 

hour standard was addressed in Chapter 

6 of U.S. EPA 2003, Cost, Emission 

Reduction, Energy, and Economic 

Impact Assessment of the Proposed Rule 

Establishing the Implementation 

Framework for the 1997 8-Hour, 0.08 

ppm Ozone National Ambient Air 

Quality Standard, prepared by the 

Innovative Strategies and Economics 

Group, Office of Air Quality Planning 

and Standards, Research Triangle Park, 

NC, April 24, 2003. Subsequently, EPA 

issued an Addendum 1 to that analysis 

for the Phase 1 final rule (April 30, 2004 

(69 FR 33951)) and designated 

nonattainment areas. By adopting the 

more flexible approaches while 

providing for attainment and 

maintenance of the 8-hour NAAQS as 

required by the CAA for the areas 

covered by this rulemaking, additional 

energy cost associated with more 

extensive use of less flexible approaches 

would be averted. 

I. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer Advancement Act 

of 1995 (NTTAA), Public Law No. 104–

113, section 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards (VCS) in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impracticable. VCS are 

technical standards (e.g., materials 

specifications, test methods, sampling 

procedures, and business practices) that 

are developed or adopted by VCS 

bodies. The NTTAA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable VCS. 

This action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any VCS. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not directly affect the level of protection 

provided to human health or the 

environment. This notice is making a 

finding concerning whether each State 

has submitted or failed to submit a 

complete SIP that provides the basic 

program elements of section 110(a)(2) 

necessary to implement the 1997 8-hour 

ozone NAAQS. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A Major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

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

will be effective April 28, 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 date final action is published 

in the Federal Register. Filing a petition 

for review by the Administrator of this 


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Federal Register / Vol. 73, No. 60 / Thursday, March 27, 2008 / Rules and Regulations 16211 

final rule does not affect the finality of 

this rule for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review must be filed, and shall not 

postpone the effectiveness of such rule 

or action. 

Thus, any petitions for review of this 

action related to a finding of failure to 

submit related to the requirements of 

section 110(a) to satisfy certain elements 

required under section 110(a)(2) of the 

CAA for the 1997 8-hour ozone NAAQS 

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, 

Intergovernmental relations, and 

Reporting and recordkeeping 

requirements. 

Dated: March 17, 2008. 

Robert J. Meyers, 

Principal Deputy Assistant Administrator. 

[FR Doc. E8–6176 Filed 3–26–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XG65 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

American Fisheries Act Catcher 

Processors Using Trawl Gear in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by American 

Fisheries Act (AFA) trawl catcher 

processors in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the A season 

allowance of the 2008 Pacific cod total 

allowable catch (TAC) specified for AFA 

trawl catcher processors in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 24, 2008, though 

1200 hrs, A.l.t., April 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The A season allowance of the 2008 

Pacific cod TAC allocated to AFA trawl 

catcher processors in the BSAI is 2,630 

metric tons (mt) as established by the 

2008 and 2009 final harvest 

specifications for groundfish in the 

BSAI (73 FR 10160, February 26, 2008). 

See § 679.20(c)(3)(iii), § 679.20(c)(5), 

§ 679.20(a)(7)(ii)(A)(7), and 

§ 679.20(a)(7)(iv)(A)(1)(ii). 

In accordance with § 679.20(d)(1)(iii), 

the Administrator, Alaska Region, 

NMFS, has determined that the A 

season allowance of the 2008 Pacific 

cod TAC allocated to AFA trawl catcher 

processors in the BSAI has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by AFA trawl catcher processors in 

the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific cod by AFA 

trawl catcher processors in the BSAI. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of March 21, 

2008. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: March 24, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–1079 Filed 3–24–08; 3:51 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XG70 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels in the Amendment 80 Limited 

Access Fishery in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod for vessels 

participating in the Amendment 80 

limited access fishery in the Bering Sea 

and Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the B season 

allowance of the 2008 Pacific cod 

allowable catch (TAC) specified for 

vessels participating in the Amendment 

80 limited access fishery in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 1, 2008, through 1200 

hrs, A.l.t., June 10, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The B season allowance of the 2008 

Pacific cod TAC allocated to vessels 


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