32266 Federal Register / Vol. 72, No. 112 / Tuesday, June 12, 2007 / Proposed Rules 

maintenance plan for assuring that the 

area will continue to attain this 

standard. EPA is also proposing to find 

that the Columbus area meets the 

redesignation criteria set forth in section 

107(d)(3)(E) of the CAA, and on this 

basis, EPA is proposing to approve the 

redesignation of the Columbus area from 

nonattainment to attainment for the 8- 

hour ozone standard. 

Finally, EPA is finding adequate and 

proposing to approve the 2009 and 2018 

VOC and NOX MVEBs submitted by 

Ohio in conjunction with the 

redesignation request. 

IX. Statutory and Executive Order 

Reviews 

Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’

and, therefore, is not subject to review 

by the Office of Management and 

Budget. 

Paperwork Reduction Act 

This proposed rule does not impose 

an information collection burden under 

the provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

Regulatory Flexibility Act 

This proposed action merely proposes 

to approve State law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

State law. Redesignation of an area to 

attainment under section 107(d)(3)(E) of 

the CAA does not impose any new 

requirements on small entities. 

Redesignation is an action that affects 

the status of a geographical area and 

does not impose any new regulatory 

requirements on sources. Accordingly, 

the Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). 

Unfunded Mandates Reform Act 

Because this rule proposes to approve 

pre-existing requirements under State 

law and does not impose any additional 

enforceable duty beyond that required 

by State law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). 

Executive Order 13132: Federalism 

This action also does not have 

Federalism implications because it does 

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 (64 FR 43255, 

August 10, 1999). Redesignation is an 

action that merely affects the status of 

a geographical area, does not impose 

any new requirements on sources, or 

allows a State to avoid adopting or 

implementing other requirements, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the CAA. 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175 (65 FR 67249, 

November 9, 2000) requires EPA to 

develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This proposed rule also 

does not have tribal implications, as 

specified in Executive Order 13175, 

because redesignation is an action that 

affects the status of a geographical area 

and does not impose any new regulatory 

requirements on tribes, impact any 

existing sources of air pollution on 

tribal lands, nor impair the maintenance 

of ozone national ambient air quality 

standards in tribal lands. Thus, 

Executive Order 13175 does not apply 

to this rule. 

Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This proposed rule also is not subject 

to Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. 

Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 or a ‘‘significant energy 

action,’’ this action is also not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001). 

National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTA), 15 U.S.C. 272, 

requires Federal agencies to use 

technical standards that are developed 

or adopted by voluntary consensus to 

carry out policy objectives, so long as 

such standards are not inconsistent with 

applicable law or otherwise 

impracticable. In reviewing program 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the CAA. Absent a prior 

existing requirement for the State to use 

voluntary consensus standards, EPA has 

no authority to disapprove a program 

submission for failure to use such 

standards, and it would thus be 

inconsistent with applicable law for 

EPA to use voluntary consensus 

standards in place of a program 

submission that otherwise satisfies the 

provisions of the Act. Redesignation is 

an action that affects the status of a 

geographical area but does not impose 

any new requirements on sources. Thus, 

the requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

Pollution Control, National parks, 

Wilderness areas. 

Dated: June 1, 2007. 

Walter Kovalick, 

Acting Regional Administrator, Region 5. 

[FR Doc. E7–11294 Filed 6–11–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 53 and 58 

[EPA–HQ–OAR–2004–0018; FRL–8308–8] 

RIN 2060–AO06 

Ambient Air Monitoring Regulations: 

Correcting and Other Amendments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

correct and clarify parts of a recent final 

rule published on October 17, 2006, that 

amended the ambient air monitoring 

requirements for criteria pollutants. The 

proposed changes include several 

instances where the wording in the 

preamble and regulatory text were not 

completely consistent, several 

regulatory text passages that contained 

some imprecise language, two instances 


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of regulatory text omission, an outdated 

address reference, and numerous 

publication errors in tables and 

equations. EPA is also proposing to 

allow EPA Regional Administrators to 

approve departures from the minimum 

number of PM10 monitors otherwise 

specified in the rule. In the ‘‘Rules and 

Regulations’’ section of this Federal 

Register, we are taking direct final 

action on the amendments because we 

view the amendments as noncontroversial and anticipate no adverse 

comments. If we receive no adverse 

comments, we will take no further 

action on this proposed rule. 

DATES: Written comments must be 

received by July 12, 2007. 

ADDRESSES: Please see the related direct 

final rule, which is located in the ‘‘Rules 

and Regulations’’ section of this Federal 

Register, for detailed instructions on 

how to submit comments. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Lewis Weinstock, Air Quality 

Assessment Division (C304–06), Office 

of Air Quality Planning and Standards, 

U.S. Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541–

3661; fax number: (919) 541–1903; email address: weinstock.lewis@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why Is EPA Issuing This Proposed 

Rule? 

This document proposes to take 

action on Ambient Air Monitoring 

Regulations: Correcting and Other 

Amendments. We have published a 

direct final rule identical to this 

proposal to correct and clarify parts of 

a recent final rule published on October 

17, 2006, that amended the ambient air 

monitoring requirements for criteria 

pollutants. We view this as a noncontroversial action and anticipate no 

adverse comment. We have explained 

our reasons for this action in the 

preamble to the direct final rule. 

If we receive no adverse comment, we 

will not take further action on this 

proposed rule. If EPA receives relevant 

adverse comment on one or more of the 

amendments included in this proposal, 

we will publish a timely withdrawal in 

the Federal Register informing the 

public which amendment or 

amendments we are withdrawing. The 

provisions that are not withdrawn will 

become effective as set out in the 

DATES section of the direct final rule. 

We will address these public comments 

in a subsequent final rule based on this 

proposal. We will not institute a second 

comment period on this action. Any 

persons interested in commenting must 

do so at this time. 

The regulatory text for the proposal is 

identical to that for the direct final rule 

published in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register. For further supplementary 

information, the detailed rationale for 

the proposal and the regulatory 

revisions, see the direct final rule 

published in a separate part of this 

Federal Register. 

II. Does This Action Apply to Me? 

Categories and entities potentially 

regulated by this action include: 

Category NAICS code 1 Examples of regulated entities 

Industry ................................................... 334513 

541380 

Manufacturer, supplier, distributor, or vendor of ambient air monitoring instruments; analytical laboratories or other monitoring organizations that elect to 

submit an application for a reference or equivalent method determination 

under 40 CFR part 53. 

Federal Government .............................. 924110 Federal agencies (that conduct ambient air monitoring similar to that conducted 

by States under 40 CFR part 58 and that wish EPA to use their monitoring 

data in the same manner as State data) or that elect to submit an application 

for a reference or equivalent method determination under 40 CFR part 53. 

State/territorial/local/tribal government ... 924110 State, territorial, and local air quality management programs that are responsible for ambient air monitoring under 40 CFR part 58 or that elect to submit 

an application for a reference or equivalent method determination under 40 

CFR part 53 or for an approved regional method approved under 40 CFR part 

58 appendix C. The proposal also may affect Tribes that conduct ambient air 

monitoring similar to that conducted by States and that wish EPA to use their 

monitoring data in the same manner as State monitoring data. 

1 North American Industry Classification System. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. This table lists 

the types of entities that EPA is now 

aware could potentially be regulated by 

this action. Other types of entities not 

listed in the table could also be 

regulated. To determine whether your 

facility or Federal, State, local, tribal, or 

territorial agency is regulated by this 

action, you should carefully examine 

the requirements for reference or 

equivalent method determinations in 40 

CFR part 53, subpart A (General 

Provisions) and the applicability criteria 

in 40 CFR 51.1 of EPA’s requirements 

for State implementation plans. If you 

have questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

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 may raise novel legal 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 Executive 

Order 12866 and any changes made in 

response to OMB recommendations 

have been documented in the docket for 

this action. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection, as it only 

corrects printing errors, provides 

clarifications, and provides new 

flexibility for PM 10 monitoring on a 

case-by-case basis. However, the OMB 

has previously approved the 

information collection requirements 

contained in the existing regulations for 

40 CFR part 53 and 40 CFR part 58 

under the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq., 

and has assigned OMB control number 

2060–0084, EPA ICR number 0940.20. A 

copy of the OMB approved Information 

Collection Request (ICR) may be 

obtained from Susan Auby, Collection 


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32268 Federal Register / Vol. 72, No. 112 / Tuesday, June 12, 2007 / Proposed Rules 

Strategies Division, U.S. Environmental 

Protection Agency (2822T), 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460 or by calling (202) 566–1672. 

This action does not impose any new 

information collection burden beyond 

the already-approved ICR. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. An agency 

may not conduct or sponsor, and a 

person is not required to respond to a 

collection of information unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

EPA’s regulations in 40 CFR are listed 

in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s proposed rule on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. 

This proposed rule will not impose 

any requirements on small entities. 

None of the corrections and 

clarifications creates additional 

regulatory requirements on affected 

entities compared to those that were 

promulgated in the final rule that was 

published in the Federal Register on 

October 17, 2006. The proposed rule 

changes only correct printing errors, 

provide clarifications, and provide new 

flexibility for PM10 monitoring on a 

case-by-case basis. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, 

and Tribal governments, in the 

aggregate, or to the private sector, of 

$100 million or more in any one year. 

Before promulgating an EPA rule for 

which a written statement is needed, 

section 205 of the UMRA generally 

requires EPA to identify and consider a 

reasonable number of regulatory 

alternatives and adopt the least costly, 

most cost-effective or least burdensome 

alternative that achieves the objectives 

of the rule. The provisions of section 

205 do not apply when they are 

inconsistent with applicable law. 

Moreover, section 205 allows EPA to 

adopt an alternative other than the least 

costly, most cost-effective or least 

burdensome alternative if the 

Administrator publishes with the final 

rule an explanation why that alternative 

was not adopted. Before EPA establishes 

any regulatory requirements that may 

significantly or uniquely affect small 

governments, including tribal 

governments, it must have developed 

under section 203 of the UMRA a small 

government agency plan. The plan must 

provide for notifying potentially 

affected small governments, enabling 

officials of affected small governments 

to have meaningful and timely input in 

the development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

The EPA has determined that this 

proposed rule does not contain a 

Federal mandate that may result in 

expenditures of $100 million or more 

for State, local, and tribal governments, 

in the aggregate, or the private sector in 

any one year, because the changes being 

made are merely clarifications and 

corrections. Thus, today’s rule is not 

subject to the requirements of sections 

202 and 205 of the UMRA. 

The EPA has determined that this 

proposed rule contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. 

None of the proposed changes creates 

additional regulatory requirements on 

affected entities compared to those that 

were promulgated in the final rule that 

was published in the Federal Register 

on October 17, 2006. The proposed 

changes only correct printing errors, 

provide clarifications, and provide some 

new flexibility for PM10 monitoring on 

a case-by-case basis. Therefore, this 

proposed rule is not subject to the 

requirements of section 203 of the 

UMRA. 

E. Executive Order 13132: Federalism 

Executive Order 13132 (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, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’

This proposed rule does not have 

federalism implications because 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. This is because 

the proposed changes being made only 

correct printing errors, provide 

clarifications, and provide some new 

flexibility for PM10 monitoring on a 

case-by-case basis. Thus, Executive 

Order 13132 does not apply to this 

proposed 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 

tribal officials in the development of 

regulatory policies that have tribal 


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Federal Register / Vol. 72, No. 112 / Tuesday, June 12, 2007 / Proposed Rules 32269 

implications.’’ This proposed rule does 

not have tribal implications, as specified 

in Executive Order 13175. The EPA 

consulted with tribal officials early in 

the process of developing the October 

17, 2006, rule to permit them to have 

meaningful and timely input into its 

development. Although tribal 

governments may elect to conduct 

ambient air monitoring, none of the 

proposed changes in today’s rule apply 

directly to tribal governments. Thus, 

Executive Order 13175 does not apply 

to this rule. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62FR19885, 

April 23, 1997) applies to any rule that: 

(1) Is determined to be ‘‘economically 

significant’’ as defined under EO 12866, 

and (2) concerns an environmental 

health or safety risk that EPA has reason 

to believe may have a disproportionate 

effect on children. If the regulatory 

action meets both criteria, the Agency 

must evaluate the environmental health 

or safety effects of the planned rule on 

children, and explain why the planned 

regulation is preferable to other 

potentially effective and reasonably 

feasible alternatives considered by the 

Agency. 

EPA interprets EO 13045 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 proposed 

rule is not subject to EO 13045 because 

it does not establish an environmental 

standard intended to mitigate health or 

safety risks. 

H. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 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 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. The rule merely 

proposed to amend the October 17, 

2006, final monitoring rule (71 FR 

61236) by correcting printing errors, 

providing clarifications, and providing 

some new flexibility for PM10

monitoring on a case-by-case basis. 

I. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed 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. 

No significant change in the use of 

energy is expected because the total 

number of monitors for ambient air 

quality measurements will not increase 

above present levels. Further, we have 

concluded that this rule is not likely to 

have any adverse energy effects. 

J. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law No. 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTAA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This action does not involve technical 

standards, other than to make 

corrections and clarifications. Therefore, 

EPA did not consider the use of any 

voluntary consensus standards. 

List of Subjects in 40 CFR Parts 53 and 

58 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: April 30, 2007. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. 07–2237 Filed 6–11–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2007–0297; FRL–8325–7] 

RIN A2060–AO44 

Protection of Stratospheric Ozone: 

Allocation of Essential Use Allowances 

for Calendar Year 2008 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to allocate 

essential use allowances for import and 

production of Class I ozone-depleting 

substances (ODSs) for calendar year 

2008. Essential use allowances enable a 

person to obtain controlled Class I ODSs 

as part of an exemption to the regulatory 

ban on the production and import of 

these chemicals, which became effective 

as of January 1, 1996. EPA allocates 

essential use allowances for exempted 

production or import of a specific 

quantity of Class I substances solely for 

the designated essential purpose. The 

proposed allocations total 27.0 metric 

tons (MT) of chlorofluorocarbons (CFCs) 

for use in metered dose inhalers (MDIs) 

for 2008. 

DATES: Written comments on this 

proposed rule must be received by the 

EPA Docket on or before July 12, 2007, 

unless a public hearing is requested. 

Comments must then be received on or 

before 30 days following the public 

hearing. Any party requesting a public 

hearing must notify the contact listed 

below under FOR FURTHER INFORMATION

CONTACT by 5 p.m. Eastern Standard 

Time on June 18, 2007. If a hearing is 

held, it will take place on June 27, 2007 

at EPA headquarters in Washington DC. 

EPA will post a notice on our Web site 

(http://www.epa.gov/ozone) announcing 

further information on the hearing if it 

is requested. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

OAR–2007–0297, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: A-and-R-docket@epa.gov. 

• Fax: 202–566–9744. 

• Mail: Air Docket, Environmental 

Protection Agency, Mailcode 2822T, 


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