Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations 28379 

TABLE 1 

[Datum NAD 1983] 

Event Location Event date 

(1) Grand Marais Splash In; Grand 

Marais, MI.

All U.S. navigable waters within the southern portion of West Bay 

bound within the following coordinates: 46°40′22.08′′ N, 

085°59′0.12′′ W, 46°40′22.08′′ N, 085°58′22.08′′ W, and 

46°40′14.64′′ N, 085°58′19.56′′ W, with the West Bay shoreline 

forming the South and West boundaries of the zone.

June 16, 2018; 1 p.m. to 5 p.m. 

(2) Jordan Valley Freedom Festival 

Fireworks; East Jordan, MI.

All U.S. navigable waters of Lake Charlevoix, near the City of East 

Jordan, within the arc of a circle with an approximate 700-foot radius from the fireworks launch site in position 45°09′18′′ N, 

085°07′48′′ W.

June 30, 2018; Rain date July 1, 

2018; 9 p.m. to 11 p.m. 

(3) Festivals of Fireworks Celebration Fireworks; St. Ignace, MI.All U.S. navigable waters of East Moran Bay within an approximate 

1,000-foot radius from the fireworks launch site at the end of the 

Starline Mill Slip, centered in position: 45°52′24.62′′ N, 

084°43′18.13′′ W.

July 4 and Saturday nights June 

30 to September 1, 2018; 30 

minutes before sunset and 30 

minutes after the end of the fireworks display. 

(4) National Cherry Festival Airshow 

Safety Zone; Traverse City, MI.

All U.S. navigable waters of the West Arm of Grand Traverse Bay 

within a box bounded by the following coordinates: 44°46′51.6′′ N, 

085°38′15.6′′ W, 44°46′23.4′′ N, 085°38′22.8′′ W, 44°46′30.00′′ N, 

085°35′42.00′′ W, and 44°46′2.34′′ N, 085°35′50.4′′ W.

June 28, 2018: 11 a.m. to 5:30 

p.m.; June 29, 2018: 12 noon to 

6 p.m.; June 30, 2018: 12 noon 

to 6 p.m.; July 1, 2018: 12 noon 

to 6 p.m. 

This action is being taken to provide 

for the safety of life on navigable 

waterways during the fireworks 

displays. The regulations for safety 

zones within the Captain of the Port 

Sault Sainte Marie Zone, § 165.918, 

apply for these fireworks displays. 

In addition to this publication in the 

Federal Register, the Coast Guard plans 

to provide notification of this 

enforcement period via the Local Notice 

to Mariners, and marine information 

broadcasts. 

Dated: June 13, 2018. 

M.R. Broz, 

Captain, U.S. Coast Guard, Captain of the 

Port Sault Sainte Marie. 

[FR Doc. 2018–13069 Filed 6–18–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0102] 

RIN 1625–AA00 

Safety Zones; Recurring Events in 

Captain of the Port Duluth Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard will amend 

its safety zone regulations for annual 

events in the Captain of the Port Duluth 

Zone. This final rule would update the 

locations for seven safety zones, add 

three new safety zones, increase the 

safety zone radius of six existing 

fireworks events, and modify the format 

of the regulation to list the annual 

events and corresponding safety zones 

in table form. These amendments will 

protect spectators, participants, and 

vessels from the hazards associated with 

annual marine events and improve the 

clarity and readability of the regulation. 

DATES: This rule is effective July 19, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0102 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant John Mack, Chief of 

Waterways Management, Marine Safety 

Unit Duluth, U.S. Coast Guard; 

telephone 218–725–3818, email 

DuluthWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On February 22, 2018 the Coast Guard 

published an NPRM in the Federal 

Register (82 FR 16012) entitled ‘‘Safety 

Zones; Recurring Events in Captain of 

the Port Duluth Zone.’’ The NPRM 

proposed to amend seven permanent 

safety zones, add three new safety 

zones, increase the safety zone radius of 

six existing fireworks events, and 

modify the format of the regulations in 

a table format for annually recurring 

events in the Captain of the Port Duluth 

Zone under § 165.943. The 

aforementioned NPRM was open for 

comment for 30 days in which one 

comment was received. 

III. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received one 

comment on our NPRM published 

February 22, 2018. The submission was 

not relevant to the rulemaking and no 

substantive changes were made to the 

rule based upon this comment. We 

made nonsubstantive editorial changes 

in the regulatory text of this rule that 

vary from the proposed rule in the 

NPRM. 

This rule is necessary to ensure seven 

existing regulations receive updated 

coordinates, add three new safety zones, 

increase the radius of six established 

fireworks events, and have the existing 

regulations published in a table format. 

The updated coordinates are necessary 

to ensure safety zones are in place at the 

appropriate location of the event. The 

addition of three new safety zones, all 

of which are fireworks events, will help 

prevent injury to spectators from the 

pyrotechnics. The increase of safety 

zone radius for six published rules is 

necessary to protect the public when 

larger pyrotechnic shell sizes are used 

during the fireworks displays. A table 

format increases the readability of 

published safety zones. 

This rule will not have a significant 

economic impact on any vessel owner 

or operator as stated in the published 


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28380 Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations 

NPRM. The safety zones will impact 

small designated areas within Lake 

Superior for short durations of time. 

Upon notification from the event 

sponsor, the date and times for each 

safety zone will be contained in a 

published Notice of Enforcement issued 

by the COTP Duluth. Any small entity 

that maybe impacted by these 

regulations at a future date are welcome 

to contact the Coast Guard. 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

Captain of the Port Duluth (COTP) has 

determined that an amendment to the 

recurring events list as published in 33 

CFR 165.943 will be necessary to: 

Update the location of seven existing 

safety zones (Bridgefest Regatta 

Fireworks Display, Cornucopia 4th of 

July Fireworks Display, Duluth 4th Fest 

Fireworks Display, LaPointe 4th of July 

Fireworks Display, Point to LaPointe 

Swim, Lake Superior Dragon Boat 

Festival, Superior Man Triathlon), add 

three new safety zones for additional 

annual events (City of Bayfield 4th of 

July Fireworks Display, Two Harbors 

4th of July Fireworks Display, and 

Superior 4th of July Fireworks Display), 

increase the safety zone radius of six 

fireworks events (Bridgefest Regatta 

Fireworks Display, Ashland 4th of July 

Fireworks Display, Cornucopia 4th of 

July Fireworks Display, Duluth 4th Fest 

Fireworks Display, LaPointe 4th of July 

Fireworks Display, and Lake Superior 

Dragon Boat Festival), and format the 

existing regulations into a table format. 

The purpose of this rule is to ensure 

safety of vessels and the navigable 

waters in the safety zone before, during, 

and after the scheduled events and to 

improve the overall clarity and 

readability of the rule. 

The amendments are necessary to 

ensure the safety of vessels and people 

during annual events taking place on or 

near federally maintained waterways in 

the Captain of the Port Duluth Zone. 

Although this rule will be in effect yearround, the specific safety zones listed in 

Table 1 to § 165.943 will only be 

enforced during a specified period of 

time when the event is on-going. 

When a Notice of Enforcement for a 

particular safety zone is published, 

entry into, transiting through, or 

anchoring within the safety zone is 

prohibited unless authorized by the 

Captain of the Port Duluth, or his or her 

designated representative. The Captain 

of the Port Duluth or his or her 

designated representative can be 

contacted via VHF Channel 16. No 

vessel or person will be permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative. 

IV. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive Orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has not been 

designated a ‘‘significant regulatory 

action,’’ under Executive Order 12866. 

Executive Order 13771 (‘‘Reducing 

Regulation and Controlling Regulatory 

Costs’’), directs agencies to reduce 

regulation and control regulatory costs 

and provides that ‘‘for every one new 

regulation issued, at least two prior 

regulations be identified for elimination, 

and that the cost of planned regulations 

be prudently managed and controlled 

through a budgeting process.’’ 

The Office of Management and Budget 

(OMB) has not designated this rule a 

significant regulatory action under 

section 3(f) of Executive Order 12866. 

Accordingly, it has not been reviewed 

by the Office of Management and 

Budget. As this rule is not a significant 

regulatory action, this rule is exempt 

from the requirements of Executive 

Order 13771. See OMB’s Memorandum 

titled ‘‘Interim Guidance Implementing 

Section 2 of the Executive Order of 

January 30, 2017 titled ‘Reducing 

Regulation and Controlling Regulatory 

Costs’ ’’ (February 2, 2017). 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-day for each safety zone. 

Vessel traffic will be able to safely 

transit around all safety zones which 

will impact small designated areas 

within Lake Superior for short durations 

of time. Moreover, the Coast Guard will 

issue Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

zone and the rule allows vessels to seek 

permission to enter the zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard received no comments 

from the Small Business Administration 

on this rulemaking. The Coast Guard 

certifies under 5 U.S.C. 605(b) that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section IV.A above, 

this rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect 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. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 


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Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations 28381 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves: The 

update of seven safety zone locations, 

the addition of three new safety zones, 

an increase of size for six safety zone 

radiuses for fireworks related events, 

and the reformatting of regulations into 

an easier to read table format. It is 

categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 01. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise § 165.943 to read as follows: 

§ 165.943 Safety Zones; Recurring Events 

in Captain of the Port Duluth Zone. 

(a) Regulations. The following 

regulations apply to the safety zones 

listed in Table 1 to this section: 

(1) The Coast Guard will provide 

advance notice of the enforcement date 

and time of the safety zone being 

enforced in Table 1 to this section, by 

issuing a Notice of Enforcement, as well 

as a Broadcast Notice to Mariners. 

(2) During the enforcement period, the 

general regulations found in § 165.23 

shall apply. 

(b) Contacting the Captain of the Port. 

While a safety zone listed in this section 

is enforced, the Captain of the Port 

Duluth or his or her on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port Duluth, or his or her onscene representative. 

(c) Exemption. Public vessels, defined 

as any vessel owned or operated by the 

United States or by State or local 

governments, operating in an official 

capacity are exempted from the 

requirements of this section. 

TABLE 1 TO § 165.943 

[Datum NAD 1983] 

Event Location Event date 

(1) Bridgefest Regatta Fireworks Display.All waters of the Keweenaw Waterway in Hancock, MI within the arc of a circle with 

a radius of no more than 1,120 feet from the launch site at position 47°07′22′′ N, 

088°35′28′′ W.

Mid June. 

(2) Ashland 4th of July Fireworks Display.All waters of Chequamegon Bay in Ashland, WI within the arc of a circle with a radius of no more than 1,120 feet from the launch site at position 46°35′50′′ N, 

090°52′59′′ W.

On or around July 4th. 

(3) City of Bayfield 4th of 

July Fireworks Display.

All waters of the Lake Superior North Channel in Bayfield, WI within the arc of a 

circle with a radius of no more than 1,120 feet from the launch site at position 

46°48′40′′ N, 090°48′32′′ W.

On or around July 4th. 

(4) Cornucopia 4th of July 

Fireworks Display.

All waters of Siskiwit Bay in Cornucopia, WI within the arc of a circle with a radius 

of no more than 1,120 feet from the launch site at position 46°51′35′′ N, 

091°06′15′′ W.

On or around July 4th. 

(5) Duluth 4th Fest Fireworks Display.All waters of the Duluth Harbor Basin, Northern Section in Duluth, MN within the 

arc of a circle with a radius of no more than 1,120 feet from the launch site at 

position 46°46′14′′ N, 092°06′16′′ W.

On or around July 4th. 

(6) LaPointe 4th of July Fireworks Display.All waters of Lake Superior in LaPointe, WI within the arc of a circle with a radius 

of no more than 1,120 feet from the launch site at position 46°46′40′′ N, 

090°47′22′′ W.

On or around July 4th. 

(7) Two Harbors 4th of July 

Fireworks Display.

All waters of Agate Bay in Two Harbors, MN within the arc of a circle with a radius 

of no more than 1,120 feet from the launch site at position 47°00′54′′ N, 

091°40′04′′ W.

On or around July 4th. 


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28382 Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations 

TABLE 1 TO § 165.943—Continued 

[Datum NAD 1983] 

Event Location Event date 

(8) Superior 4th of July Fireworks Display.All waters of Superior Bay in Superior, WI within the arc of a circle with a radius of 

no more than 1,120 feet from the launch site at position 46°43′28′′N, 092°03′38′′ 

W.

On or around July 4th. 

(9) Point to LaPointe Swim .. All waters of the Lake Superior North Channel between Bayfield and LaPointe, WI 

within an imaginary line created by the following coordinates: 46°48′50′′ N, 

090°48′44′′ W, moving southeast to 46°46′44′′ N, 090°47′33′′ W, then moving 

northeast to 46°46′52′′ N, 090°47′17′′ W, then moving northwest to 46°49′03′′ N, 

090°48′25′′ W, and finally returning to the starting position.

Early August. 

(10) Lake Superior Dragon 

Boat Festival Fireworks 

Display.

All waters of Superior Bay in Superior, WI within the arc of a circle with a radius of 

no more than 1,120 feet from the launch site at position 46°43′28′′ N, 092°03′47′′ 

W.

Late August. 

(11) Superior Man Triathlon All waters of the Duluth Harbor Basin, Northern Section in Duluth, MN within an 

imaginary line created by the following coordinates: 46°46′36′′ N, 092°06′06′′ W, 

moving southeast to 46°46′32′′ N, 092°06′01′′ W, then moving northeast to 

46°46′45′′ N, 092°05′45′′ W, then moving northwest to 46°46′49′′ N, 092°05′49′′ 

W, and finally returning to the starting position.

Late August. 

Dated: June 13, 2018. 

E.E. Williams, 

Commander, U.S. Coast Guard, Captain of 

the Port Duluth. 

[FR Doc. 2018–13055 Filed 6–18–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2017–0566; FRL–9979–48– 

Region 10] 

Air Plan Approval; ID, Crop Residue 

Burning; Revision to Ozone 

Requirement 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to Idaho’s State 

Implementation Plan (SIP) related to 

agricultural crop residue burning. The 

Director of the Idaho Department of 

Environmental Quality (IDEQ) 

submitted the revisions to EPA on 

September 22, 2017. IDEQ 

supplemented the original submission 

with photochemical modeling analyses 

on October 23, 2017. The revisions 

change the ambient ozone concentration 

level at which IDEQ may approve a 

permittee’s request to burn. This final 

action is being taken for the reasons set 

out in EPA’s proposed action in this 

matter. This action is being taken under 

section 110 of the Clean Air Act (the Act 

or CAA). 

DATES: This final rule is effective July 

19, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2017–0566. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Randall Ruddick at (206) 553–1999, or 

ruddick.randall@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is 

intended to refer to EPA. 

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Orders Review 

I. Background 

On September 22, 2017, the Idaho 

Department of Environmental Quality 

(IDEQ) submitted revisions to the SIP 

provisions regulating open burning of 

crop residue in the state to EPA for 

approval. On January 22, 2018, the EPA 

proposed to approve all of the revisions 

requested in the September 22, 2017 

submittal. We are taking final action for 

the reasons explained in the January 22, 

2018 notification of proposed approval 

(83 FR 2955). Please see our proposed 

approval for further explanation and the 

basis for our finding. The public 

comment period for this proposal ended 

on February 21, 2018. EPA received 

public comments on the proposed 

rulemaking. Summaries of the 

comments as well as EPA’s responses to 

adverse comments are in Section II of 

this rulemaking action. After 

consideration of the comments, we do 

not believe any changes in the rationale 

or conclusions in the proposed approval 

are appropriate. 

II. Response to Comments 

EPA received comments on a variety 

of issues related to the proposed 

approval of Idaho’s crop residue 

burning SIP revisions. Out of a total of 

ten comments received, three were 

supportive of EPA’s approval of the SIP 

revisions, four were adverse to the 

EPA’s proposed approval, and three 

were determined to be not germane to 

this action. A full copy of all comments 

received is available in the docket for 

final action. 

Comment 

EPA received public comments 

arguing that the NAAQS are not 

adequately protective of public health in 

the context of crop residue burning and 

should not be relied upon as the basis 

for approval of the proposed crop 

residue burning SIP revisions. One 

commenter stated that because the PM2.5

NAAQS takes the form of a 24-hour 

average that it allows ‘‘spikes’’ of 

emissions that are sufficient to ‘‘kill 

citizens, especially children with 

undeveloped lungs, the elderly, and 

anyone with underlying heart or lung 

diseases.’’ Another commenter urged 

EPA to disapprove the proposed SIP 

revisions, citing studies that they assert 

demonstrate negative human health 

impacts to exposure to ozone at levels 

below the NAAQS. 


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