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V. 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 was deemed to “raise novel legal or policy issues.” 

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 anThe information collection burdenrequirements in this 

final rule have been submitted for approval to the Office of Management and Budget (OMB)

under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. There are no The

information collection requirements directlyare not enforceable until OMB approves them. The 

Information Collection Request (ICR) document prepared by EPA for these revisions to part 58 

has been assigned EPA ICR number 0940.23. 

The information collected under 40 CFR part 53 (e.g., test results, monitoring records, 

instruction manual, and other associated with information) is needed to determine whether a 

candidate method intended for use in determining attainment of the establishment of a National 

Ambient Air Quality Standards (NAAQS under section 109) in 40 CFR part 50 will meet 

comparability requirements for designation as a Federal reference method (FRM) or Federal 

equivalent method (FEM). We do not expect the number of FRM or FEM determinations to 

increase over the number that is currently used to estimate burden associated with CO 

FRM/FEM determinations provided in the current ICR for 40 CFR part 53 (EPA ICR numbers 
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0940.23). As such, no change in the burden estimate for 40 CFR part 53 has been made as part of 

this rulemaking. 

The information collected and reported under 40 CFR part 58 is needed to determine 

compliance with the NAAQS, to characterize air quality and associated health impacts, to 

develop emissions control strategies, and to measure progress for the air pollution program. The 

amendments would revise the technical requirements for CO monitoring sites, require the 

relocation or siting of ambient CO air monitors, and the reporting of the collected ambient CO 

monitoring data to EPA‟s Air Quality System (AQS). The annual average reporting burden for 

the collection under 40 CFR part 58 (averaged over the first 3 years of this ICR) for a network of 

311 CO monitors is $7,235,483. Burden is defined at 5 CFR 1320.3(b). State, local, and Tribal 

entities are eligible for State assistance grants provided by the Federal government under the 

CAA which can be used for monitors and related activities. 

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.

To comment on the Agency's need for this information, the accuracy of the provided 

burden estimates, and any suggested methods for minimizing respondent burden, EPA has 

established a public docket for this rule, which includes this ICR, under Docket ID number EPAHQ-OAR-2008-0015. Submit any comments related to the ICR to EPA and OMB. See 

ADDRESSES section at the beginning of this notice for where to submit comments to EPA. 

Send comments to OMB at the Office of Information and Regulatory Affairs, Office of 

Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office 

for EPA. Since OMB is required to make a decision concerning the ICR between 30 and 60 days 
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after [insert date of publication in the Federal Register], a comment to OMB is best assured 

of having its full effect if OMB receives it [insert date 30 days after publication in the 

Federal Register]. The final rule will respond to any OMB or public comments on the 

information collection requirements contained in this proposal.

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 proposed rule on small entities, small 

entity is defined as: (1) a small business that is a small industrial entity as 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 this 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. Rather, this rule 

proposes to retain existing national standards for allowable concentrations of CO in ambient air 

as required by section 109 of the CAA. See also American Trucking Associations v. EPA. 175 

F. 3d at 1044-45 (NAAQS do not have significant impacts upon small entities because NAAQS 
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themselves impose no regulations upon small entities). Similarly, the proposed amendments to 

40 CFR part 58 address the requirements for States to collect information and report compliance 

with the NAAQS and will not impose any requirements on small entities. We continue to be 

interested in the potential impacts of the proposed rule on small entities and welcome comments 

on issues related to such impacts.

D. Unfunded Mandates Reform Act

This action contains no Federal mandates under the provisions of Title II of the Unfunded 

Mandates reformReform Act of 1995 (UMRA), 2 U.S.C. 1531-1538 for Public Law 104–4, 

establishes requirements for Federal agencies to assess the effects of their regulatory actions on 

State, local, orand Tribal governments orand the private sector. The Unless otherwise prohibited 

by law, under section 202 of the UMRA, EPA generally must prepare a written statement, 

including a cost-benefit analysis, for proposed rule imposes no new expenditure or enforceable 

duty on any and final rules with „„Federal mandates‟‟ that may result in expenditures to State, 

local or, and Tribal governments, in the aggregate, or to the private sector, andof $100 million or 

more in any one year. Before promulgating an EPA rule for which a written statement is required 

under section 202, section 205 of the UMRA generally requires EPA to identify and consider a 

reasonable number of regulatory alternatives and to 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 
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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.

This action is not subject to the requirements of sections 202 and 205 of the UMRA. EPA 

has determined that this proposed rule contains no regulatory requirements that might 

significantly or uniquely affect small governments.does not contain a Federal mandate that may 

result in expenditures of $100 million or more (adjusted for inflation) for State, local, and Tribal 

governments, in the aggregate, or the private sector in any one year. This rule proposes to retain 

existing national ambient air quality standards for carbon monoxide. The expected costs 

associated with the monitoring requirements are described in EPA‟s ICR document, but those 

costs are not expected to be well less than exceed $100 million (adjusted for inflation) in the 

aggregate for any year. Furthermore, as indicated previously, in setting a NAAQS, EPA cannot 

consider the economic or technological feasibility of attaining ambient air quality standards, 

although such factors may be considered to a degree in the development of State plans to 

implement the standards. See also American Trucking Associations v. EPA, 175 F. 3d at 1043 

(noting that because EPA is precluded from considering costs of implementation in establishing 

NAAQS, preparation of a Regulatory Impact Analysis pursuant to the Unfunded Mandates 

Reform Act would not furnish any information which the court could consider in reviewing the 

NAAQS). . 

EPA has determined that this proposed rule contains no regulatory requirements that 

might significantly or uniquely affect small governments because it imposes no enforceable duty 
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on any small governments. Therefore this action is not subject to the requirements of sections 

202 or 205 of the UMRA. This action is also, this rule is not subject to the requirements of 

section 203 of UMRA because it contains no regulatory requirements that might significantly or 

uniquely affect small governments. The EPA acknowledges, however, that any corresponding 

revisions to associated SIP requirements and air quality surveillance requirements, 40 CFR part 

51 and 40 CFR part 58, respectively, might result in such effects. Accordingly, EPA will 

address, as appropriate, unfunded mandates if and when it proposes any revisions to 40 CFR 

parts 51 or 58the UMRA.

E. Executive Order 13132: Federalism

This action does not have federalism implications. It will not have substantial direct 

effects on the States, on the relationship between the national government and the States, or on 

the distribution of power and responsibilities among the various levels of government, as 

specified in Executive Order 13132. The rule does not alter the relationship between the Federal 

government and the States regarding the establishment and implementation of air quality 

improvement programs as codified in the CAA. Under section 109 of the CAA, EPA is 

mandated to establish and review NAAQS; however, CAA section 116 preserves the rights of 

States to establish more stringent requirements if deemed necessary by a State. Furthermore, this 

proposed rule does not impact CAA section 107 which establishes that the States have primary 

responsibility for implementation of the NAAQS. Finally, as noted in section ED (above) on 

UMRA, this rule does not impose significant costs on State, local, or Tribal governments or the 

private sector. Thus, Executive Order 13132 does not apply to this rule.

However, as also noted in section D (above) on UMRA, EPA recognizes that States will 

have a substantial interest in this rule and any corresponding revisions to associated SIP 
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requirements and, including the proposed air quality surveillance requirements, 40 CFR part 51 

and of 40 CFR part 58, respectively. Therefore, in the spirit of Executive Order 13132, and 

consistent with EPA policy to promote communications between EPA and State and local 

governments, EPA specifically solicits comment on this proposed rule from State and local 

officials.

F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments

This action does not have tribal implications, as specified in Executive Order 13175 

(65FR 67249, November 9, 2000). It does not have a substantial direct effect on one or more 

Indian Tribes, since Tribes are not obligated to adopt or implement any NAAQS. Thus, 

Executive Order 13175 does not apply to this rule.

G. Executive Order 13045: Protection of Children from Environmental Health and Safety 

Risks

This action is not subject to EO 13045 (62 FR 19885, April 23, 1997) because it is not 

economically significant as defined in EO 12866, and because the Agency does not believe the 

environmental health or safety risks addressed by this action present a disproportionate risk to 

children. This action‟s health and risk assessments are described in sections II.C and II.D.2.b. 

The public is invited to submit comments or identify perpeer-reviewed studies and data 

that assess effects of early life exposures to CO.

H. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution or 

Use

This action is not a “significant energy action” as defined in Executive Order 13211, (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. The rule concerns the review of the NAAQS for CO. The 
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rule does not prescribe specific pollution control strategies by which these ambient standards will 

be met. Such strategies are developed by States on a case-by-case basis, and EPA cannot predict 

whether the control options selected by States will include regulations on energy suppliers, 

distributors, or users.

I. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and 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 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 proposed rulemaking does not involveinvolves technical standards. Therefore, EPA 

is not considering the use with regard to ambient monitoring of CO. We have not identified any 

potentially applicable voluntary consensus standards that would adequately characterize ambient 

CO concentrations for the purposes of determining compliance with the CO NAAQS and none 

have been brought to our attention.

EPA welcomes comments on this aspect of the proposed rule, and specifically invites the 

public to identify potentially applicable voluntary consensus standards and to explain why such 

standards should be used in the regulation.

J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority 

Populations and Low-Income Populations
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Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes federal executive policy 

on environmental justice. Its main provision directs federal agencies, to the greatest extent 

practicable and permitted by law, to make environmental justice part of their mission by 

identifying and addressing, as appropriate, disproportionately high and adverse human health or 

environmental effects of their programs, policies, and activities on minority populations and lowincome 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 action 

proposed in this notice is to retain without revision the existing NAAQS for CO. Therefore this 

action will not cause increases in source emissions or air concentrations.