[Federal Register Volume 70, Number 166 (Monday, August 29, 2005)]
[Rules and Regulations]
[Pages 50988-50995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17038]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[OAR-2003-0090; FRL-7959-2]
[RIN 2060-AN04]


Extension of the Deferred Effective Date for 8-Hour Ozone 
National Ambient Air Quality Standards for Early Action Compact Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final Rule.

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SUMMARY: The EPA is finalizing the extension of the deferred effective 
date of air quality designations for 14 areas of the country that have 
entered into Early Action Compacts. Early Action Compact areas have 
agreed to reduce ground[hyphen]level ozone pollution earlier than the 
Clean Air Act (CAA) requires. On April 30, 2004, EPA published an 
action designating all areas of the country for the 8[hyphen]hour ozone 
National Ambient Air Quality Standards

[[Page 50989]]

(NAAQS). In the designation rule, EPA deferred the effective date of 
the nonattainment designation for 14 areas that had entered into Early 
Action Compacts until September 30, 2005. The EPA is now extending the 
deferred effective date of the nonattainment designation for all 14 
Early Action Compact areas until December 31, 2006.

DATES: This final rule is effective on September 28, 2005.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID no. OAR-2003-0090 (Early Action Compacts). All documents in 
the docket are listed in the EDOCKET index at http://www.epa.gov/edocket. Although listed in the index, some information is not publicly 
available, i.e., Confidential Business Information (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 either electronically in 
EDOCKET or in hard copy at the Docket, EPA/DC, EPA West, Room B102, 
1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Public Reading Room is 
(202) 566-1744, and the telephone number for the Office of Air and 
Radiation Docket is (202) 566-1742. In addition, we have placed a copy 
of the rule and a variety of materials relevant to Early Action Compact 
areas on EPA's website at http://www.epa.gov/ttn/naaqs/ozone/eac/.

FOR FURTHER INFORMATION CONTACT: Ms. Barbara Driscoll, Office of Air 
Quality Planning and Standards, U.S. Environmental Protection Agency, 
Mail Code C504-02, Research Triangle Park, NC 27711, phone number (919) 
541-1051 or by e[hyphen]mail at: <a href="/cdn-cgi/l/email-protection#2f4b5d465c4c404343014d4e5d4d4e5d4e6f4a5f4e01484059"><span class="__cf_email__" data-cfemail="f195839882929e9d9ddf93908393908390b1948190df969e87">[email protected]</span></a> or Mr. David 
Cole, Office of Air Quality Planning and Standards, U.S. Environmental 
Protection Agency, Mail Code C539-02, Research Triangle Park, NC 27711, 
phone number (919) 541-5565 or by e[hyphen]mail at: <a href="/cdn-cgi/l/email-protection#2a4945464f044e4b5c434e6a4f5a4b044d455c"><span class="__cf_email__" data-cfemail="3a5955565f145e5b4c535e7a5f4a5b145d554c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

    The following is an outline of the preamble.
I. What is the Purpose of this Document?
II. What Action has EPA Taken to Date for Early Action Compact Areas?
A. What progress are compact areas making toward completing their 
milestones?
B. What is today's final action for compact areas?
C. What is EPA's schedule for taking further action to further defer 
the effective date of nonattainment designation for compact areas?
D. What comments did EPA receive on the June 8, 2005 proposal to extend 
the deferral of the effective date of the nonattainment designations 
for 14 Early Action Compact areas?
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
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 Populations and Low[hyphen]Income Populations
K. Congressional Review Act
L. Petitions for Judicial Review

I.What is the Purpose of this Document?

    The purpose of this document is to finalize the extension of the 
deferred effective date of the 8[hyphen]hour ozone nonattainment 
designations for 14 participants in Early Action Compacts. The new 
effective designation date is December 31, 2006.

II. What Action has EPA Taken to Date for Early Action Compact Areas?

    This section discusses EPA's actions to date with respect to 
deferring the effective date of nonattainment designations for certain 
areas of the country that are participating in the Early Action Compact 
program. The EPA's April 30, 2004 air quality designation rule (68 FR 
70108) provides a description of the compact approach, the requirements 
for areas participating in the program and the impacts of the program 
on those areas.
    On December 31, 2002, we entered into compacts with 33 communities. 
To receive the first deferral, these Early Action Compact areas agreed 
to reduce ground[hyphen]level ozone pollution earlier than the CAA 
would require. On December 16, 2003 (68 FR 70108), we published a 
proposed rule to defer until September 30, 2005, the effective date of 
designation for Early Action Compact areas that did not meet the 
8[hyphen]hour ozone NAAQS. Fourteen of the 33 compact areas did not 
meet the 8[hyphen]hour ozone NAAQS.
    The final designation rule published April 30, 2004 (69 FR 23858) 
as amended June 18, 2004 (69 FR 34080), included the following actions 
for compact areas: deferred the effective date of nonattainment 
designation for 14 compact areas until September 30, 2005; detailed the 
progress compact areas had made toward completing their milestones; 
described the actions required for compact areas in order to remain 
eligible for a deferred effective date for a nonattainment designation; 
detailed EPA's schedule for taking further action to determine whether 
to further defer the effective date of nonattainment designations; and 
described the consequences for compact areas that do not meet a 
milestone.<SUP>1</SUP>
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    \1\ Out of 31 active compact areas, 17 were meeting the 
8[hyphen]hour ozone NAAQS at the time of designation in April 2004 
and were designated attainment with an effective date of June 
15,2004. This final rule only addresses the 14 areas that were 
designated in the April 2004 rule as nonattainment with a deferred 
effective date of September 30, 2005.
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    On June 8, 2005 (70 FR 33409), we proposed to extend the deferred 
effective date for those same 14 areas from September 30, 2005 to 
December 31, 2006, and provided an update on the progress the compact 
areas had been making.

A. What progress are compact areas making toward completing their 
milestones?

    Since the April 2004 designations, two EAC areas that were 
designated attainment for the 8[hyphen]hour ozone NAAQS have withdrawn 
from the compact process.\2\
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    \2\ Haywood and Putnam Counties, TN decided to withdraw from the 
compact arrangement.
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    In this section, we describe the status of the Early Action Compact 
areas' progress toward meeting their milestones. In general, the 
remaining 29 compact areas have made progress toward timely completion 
of their milestones. A compiled list of local measures is found on 
EPA's website for compact areas at: http://www.epa.gov/ttn/naaqs/ozone/eac/. By December 31, 2004, all States with compacts were required to 
submit to EPA State Implementation Plan (SIP) revisions with locally 
adopted measures which if

[[Page 50990]]

approved by EPA, are federally enforceable. Notices for each of the 
proposed SIP revisions were published in the Federal Register by the 
respective EPA Regional Office. For each of the 14 EAC areas with a 
deferred nonattainment designation date of September 30, 2005, EPA has 
taken final action approving the SIP revisions as meeting the EAC 
Protocol and EPA's EAC regulations at 40 CFR 81.300 as indicated in 
Table 1.

   Table 1. Regional Offices Issuing Federal Register Notices on Early
                      Action Compact SIP Revisions
------------------------------------------------------------------------
                                                       Date SIP Revision
     Regional Offices                States                 Signed
------------------------------------------------------------------------
Makeba Morris, Branch      Delaware, District of      August 9, 2005
 Chief, Air Quality         Columbia, Maryland,
 Planning Branch, EPA       Pennsylvania, Virginia,
 Region III, 1650 Arch      and West Virginia
 Street, Philadelphia, PA
 19103-2187, (215) 814-
 2187
--------------------------
Richard A. Schutt, Chief,  Alabama, Florida,          August 15, 2005
 Regulatory Development     Georgia, Kentucky,
 Section, EPA Region IV,    Mississippi, North
 Sam Nunn Atlanta Federal   Carolina, South
 Center, 61 Forsyth         Carolina, and Tennessee
 Street, SW, 12th Floor,
 Atlanta, GA 30303, (404)
 562-9033
--------------------------
Rebecca Weber, Associate   Arkansas, Louisiana, New   August 12, 2005
 Director, Air Programs,    Mexico, Oklahoma, and
 EPA Region VI, 1445 Ross   Texas
 Avenue, Dallas, TX
 75202, (214) 665-6656
--------------------------
Richard R. Long,           Colorado, Montana, North   August 2, 2005
 Director, Air and          Dakota, South Dakota,
 Radiation Program, EPA     Utah, and Wyoming
 Region VIII, 999 18th
 Street, Suite 300,
 Denver, CO 80202-2466,
 (303) 312-6005
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B. What is today's final action for compact areas?

    Today, we are extending the deferred effective date of the 
nonattainment designation for 14 compact areas. In final rulemaking 
actions taken by the EPA regional offices, as indicated in Table 1, we 
have concluded that these 14 areas have met all required compact 
milestones including the December 31, 2004 submission. Because these 
areas have met these milestones, they are eligible for a further 
deferral of their nonattainment designation for the 8[hyphen]hour ozone 
NAAQS. See 40 CFR 81.300(e)(4)(ii). We are further deferring until 
December 31, 2006 the effective date of the 8[hyphen]hour ozone 
nonattainment designation for the compact area counties listed in Table 
2 and are revising 40 CFR part 81 to reflect this extension.

  Table 2. Compact Areas Which Qualify for a Deferred Effective Date of
                            December 31, 2006
  NOTE: Name of designated 8[hyphen]hour ozone nonattainment area is in
                              parentheses.
------------------------------------------------------------------------
                                                      Counties which are
                                    Counties with      part of compacts
   State        Compact Area         designation      and are designated
              (Designated Area)      deferred to       unclassifiable/
                                  December 31, 2006       attainment
------------------------------------------------------------------------
                              EPA Region 3
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VA          Northern Shenandoah   Winchester City
             Valley Region        Frederick County
            (Frederick County,
             VA), adjacent to
             Washington, DC-MD-
             VA
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VA          Roanoke Area          Roanoke County
            (Roanoke, VA)         Botetourt County
                                  Roanoke City
                                  Salem City
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MD          Washington County     Washington County
            (Washington County
             Hagerstown, MD),
             adjacent to
             Washington, DC-MD-
             VA
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WV          The Eastern Pan       Berkeley County
             Handle Region        Jefferson County
             (Berkeley &
             Jefferson Counties,
             WV), Martinsburg
             area
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                              EPA Region 4
------------------------------------------------------------------------
NC          Unifour               Catawba County
            (Hickory-Morganton-L  Alexander County
             enoir, NC)           Burke County
                                   (part)
                                  Caldwell County
                                   (part)

[[Page 50991]]

 
NC          Triad                 Randolph County    Surry County
            (Greensboro-Winston-  Forsyth County     Yadkin County
             Salem-High Point,    Davie County       Stokes County
             NC)                  Alamance County
                                  Caswell County
                                  Davidson County
                                  Guilford County
                                  Rockingham County
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NC          Cumberland County     Cumberland County
            (Fayetteville, NC)
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SC          Appalachian - A       Spartanburg        Cherokee County
            (Greenville-Spartanb   County            Pickens County
             urg-Anderson, SC)     Greenville        Oconee County
                                   County
                                  Anderson County
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SC          Central Midlands - I  Richland County    Newberry County
            (Columbia area)        (part)            Fairfield County
                                   Lexington County
                                   (part)
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TN/GA       Chattanooga           Hamilton           Marion County, TN
            (Chattanooga, TN-GA)   County,TN          Walker County, GA
                                   Meigs County, TN
                                   Catoosa County,
                                   GA
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TN          Nashville             Davidson County    Robertson County
            (Nashville, TN)       Rutherford County  Cheatham County
                                  Williamson County  Dickson County
                                  Wilson County
                                  Sumner County
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TN          Johnson City-         Sullivan Co, TN    Washington Co, TN
             Kingsport-Bristol    Hawkins County,    Unicoi County, TN
             Area                  TN                Carter County, TN
            (TN portion only)                        Johnson County, TN
-----------
                              EPA Region 6
------------------------------------------------------------------------
TX          San Antonio           Bexar County       Wilson County
                                  Comal County
                                  Guadalupe County
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                              EPA Region 8
------------------------------------------------------------------------
CO          Denver                Denver County
            (Denver-Boulder-Gree  Boulder County
             ley-Ft. Collins-      (includes part
             Love, CO)             of Rocky Mtn
                                   Nat. Park)
                                  Jefferson County
                                  Douglas County
                                  Broomfield
                                  Adams County
                                  Arapahoe County
                                  Larimer County
                                   (part)
                                  Weld County
                                   (part)
------------------------------------------------------------------------

C. What is EPA's schedule for taking further action to further defer 
the effective date of nonattainment designation for compact areas?

    Following promulgation of this extension, we would propose and as 
appropriate, promulgate a further extension of the deferred effective 
date until April 15, 2008, for those areas that continue to meet all 
compact milestones through December 31, 2006. No later than April 15, 
2008, we will determine whether the compact areas that received a 
deferred effective date of April 15, 2008 have attained the 
8[hyphen]hour ozone NAAQS by December 31, 2007, and have met all 
compact milestones. If the area has not attained the standard, the 
nonattainment designation will take effect. If the compact area has 
attained the standard, EPA will designate the area as attainment. Any 
compact area that has not attained the NAAQS and thus has an effective 
nonattainment designation will be subject to the full planning 
requirements of title I, part D of the CAA, and the area will be 
required to submit a revised attainment demonstration SIP within 1 year 
of the effective date of designation.

D. What comments did EPA receive on the June 8, 2005 proposal to extend 
the deferral of the effective date of the nonattainment designations 
for 14 Early Action Compact areas?

    We received a number of comments on the proposed rule to extend the

[[Page 50992]]

deferred effective date of the nonattainment designations for 14 Early 
Action Compact areas to December 31, 2006. We have responded to the 
significant comments in this section. There are additional comments to 
which we do not respond in this notice; however, all comments and 
responses are included in the docket for this rulemaking (OAR-2003-
0090).
    Comment: Several commenters expressed support for the compact 
process, the goal of clean air sooner, the incentives and flexibility 
the program provides for encouraging early reductions of 
ozone[hyphen]forming pollution, and the deferred effective date of 
nonattainment designation. However, a number of commenters opposed the 
Early Action Compact program. Several of these commenters expressed 
concern about various legal aspects of the program, primarily the 
deferral of the effective date of the nonattainment designation for 
these areas. Although some of these commenters were supportive of the 
goal of proactively addressing the public health concerns associated 
with ozone pollution, the commenters state that the program is not 
authorized by the CAA. All of these commenters indicated that EPA lacks 
authority under the CAA to defer the effective date of a nonattainment 
designation. In addition, these commenters state that EPA lacks 
authority to enter into Early Action Compacts with areas and lacks 
authority to allow areas to be relieved of obligations under title I, 
part D of the CAA while these areas are violating the 8[hyphen]hour 
ozone standard or are designated nonattainment for that standard. One 
comment submitted by several groups attached comments that the 
commenters had submitted on EPA's December 16, 2003, proposed rule to 
defer the nonattainment designation for EAC areas that had met the EAC 
milestones.
    Response: We have determined that the compact program, as designed, 
gives local areas the flexibility to develop their own approach to 
meeting the 8[hyphen]hour ozone standard. The participating communities 
are serious in their commitment and have made good progress 
implementing State and local measures for controlling emissions from 
local sources earlier than the CAA would otherwise require. By 
involving diverse stakeholders, including representatives from 
industry, local and State governments, and local environmental and 
citizens groups, a number of these communities are, for the first time, 
cooperating on a regional basis to solve environmental problems that 
affect the health and welfare of their citizens. People living in these 
areas realize reductions in pollution levels sooner and will enjoy the 
health benefits of cleaner air sooner than might otherwise occur. With 
respect to the commenter who attached comments that were submitted on 
EPA's initial proposal to defer the effective date of a nonattainment 
designation of EAC areas meeting compact milestones, we refer back to 
our response to those comments in the April 2004 designation rule (69 
FR 23858).
    Comment: One commenter disagreed with.....``EPA's assessment that 
the proposed rule does not constitute a ``significant regulatory 
action'' (see 70 FR 33412)''..... The commenter.....``believes that 
condition 4 of that finding has been met (raise novel legal or policy 
issues arising out of legal mandates, the President's priorities, or 
the principles set forth in the Executive Order.)''
    Response: The Office of Management and Budget which has 
responsibility for implementing Executive Order 12866, has determined 
that the June 8, 2005 proposed rule (70 FR 33409) is not a significant 
regulatory action.
    Comment: One commenter also had several very specific comments on 
the contents of the South Carolina SIP related to such items as 
maintenance and growth tracking, need to show satisfactory progress, 
air quality protection and growth review.
    Response: A detailed response to these comments is included in the 
Response to Comments document for this rulemaking which is in the 
docket (OAR-2003-0090).

III. Statutory and Executive Order Reviews

    This action finalizes the extension of the deferred effective date 
of the nonattainment designation for 14 compact areas until December 
30, 2006.

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and, therefore, subject to Office of Management and Budget (OMB) review 
and the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
This final rule does not require the collection of any information.
    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 
Procedures Act or any other statute unless the Agency certifies 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 final rule on 
small entities, small entity is defined as: (1) a small

[[Page 50993]]

business that is a small industrial entity as defined in 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[hyphen]for[hyphen]profit enterprise which is independently owned 
and operated and is not dominant in its field.
    After considering the economic impacts of today's 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. Rather, this 
rule would extend the deferred effective date of the nonattainment 
designation for areas that implement control measures and achieve 
emissions reductions earlier than otherwise required by the CAA in 
order to attain the 8[hyphen]hour ozone NAAQS.

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 
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 cost[hyphen]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[hyphen]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 final 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 1 year. In this final rule, EPA is deferring the 
effective date of nonattainment designations for certain areas that 
have entered into compacts with us. Thus, today's final rulemaking is 
not subject to the requirements of sections 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, 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 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 final rule would 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 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 implications.'' This final rule does not have 
``Tribal implications'' as specified in Executive Order 13175. It does 
not have a substantial direct effect on one or more Indian Tribes, 
since no Tribe has implemented a CAA program to attain the 
8[hyphen]hour ozone NAAQS at this time or has participated in a 
compact.

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

    Executive Order 13045: ``Protection of Children From Environmental 
Health and Safety Risks'' (62 FR 19885, April 23, 1997) applies to any 
rule that (1) is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have 
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.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. This final rule is not subject 
to Executive Order 13045 because it does not establish an environmental 
standard intended to mitigate health or safety risks.

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

    This rule is not a subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a 
significant regulatory action under Executive Order 12866.

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 impractical. Voluntary consensus standards 
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,

[[Page 50994]]

through OMB, explanations when the Agency decides not to use available 
and applicable VCS.
    This final rule does not involve technical standards. Therefore, 
EPA is not considering the use of any VCS.
    The EPA will encourage States that have compact areas to consider 
the use of such standards, where appropriate, in the development of 
their SIPs.

J. Executive Order 12898: Federal Actions to Address Environmental 
Justice in Minority Populations and Low[hyphen]Income Populations

    Executive Order 12898 requires that each Federal agency make 
achieving environmental justice part of its mission by identifying and 
addressing, as appropriate, disproportionate high and adverse human 
health or environmental effects of its programs, policies, and 
activities on minorities and low[hyphen]income populations.
    The EPA believes that this final rule should not raise any 
environmental justice issues. The health and environmental risks 
associated with ozone were considered in the establishment of the 
8[hyphen]hour, 0.08 ppm ozone NAAQS. The level is designed to be 
protective with an adequate margin of safety.

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. The 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 September 28, 2005.

L. Petitions for 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 by October 28, 2005. 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 
must 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 CAA Section 307(b)(2).

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control


    Authority: 42 U.S.C. 7408; 42 U.S.C. 7410; 42 U.S.C. 7501-7511f; 
42 U.S.C. 7601(a)(1).

    Dated: August 16, 2005.
Stephen L. Johnson,
Administrator.

0
40 CFR Part 81 is amended as follows:

PART 81 - [Amended]

0
1. The authority citation for part 81 continues to read as follows:

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

Subpart C - Section 107 Attainment Status Designations

0
2. Section 81.300 is amended by revising paragraphs (e)(3)(i) and 
(e)(3)(ii)(B) and (C) to read as follows:


Sec.  81.300  Scope.

* * * * *
(e) * * *
(3) * * *
(i) General. Notwithstanding clauses (i) through (iv) of section 
107(d)(1)(B) of the Clean Air Act (42 U.S.C. 7407(d)(1)(B)), the 
Administrator shall defer until December 31, 2006 the effective date of 
a nonattainment designation of any area subject to a compact that does 
not meet (or that contributes to ambient air quality in a nearby area 
that does not meet) the 8[hyphen]hour ozone national ambient air 
quality standard if the Administrator determines that the area subject 
to a compact has met the requirements in paragraphs (e)(2)(i) through 
(iii) of this section.
(ii) * * *
(B) Prior to expiration of the deferred effective date on December 31, 
2006, if the Administrator determines that an area or the State subject 
to a compact has not met either requirement in paragraphs (e)(2)(iv) 
and (v) of this section, the nonattainment designation shall become 
effective as of the deferred effective date, unless EPA takes 
affirmative rulemaking action to further extend the deadline.
(C) If the Administrator determines that an area subject to a compact 
and/or State has not met any requirement in paragraphs (e)(2)(iv) 
through (vi) of this section, the nonattainment designation shall 
become effective as of the deferred effective date, unless EPA takes 
affirmative rulemaking action to further extend the deadline.
* * * * *
0
3. In Sec. 81.306, the table entitled ``Colorado-Ozone (8[hyphen]Hour 
Standard)'' is amended by revising footnote 2 to read as follows:


Sec.  81.306  Colorado.

* * * * *

Colorado Ozone (8[hyphen]Hour Standard)

* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December 
31, 2006.
* * * * *
0
4. In Sec. 81.311, the table entitled ``Georgia-Ozone (8[hyphen]Hour 
Standard)'' is amended by revising footnote 2 to read as follows:


Sec.  81.311  Georgia.

* * * * *

Georgia Ozone (8[hyphen]Hour Standard)

* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December 
31, 2006.
* * * * *
0
5. In Sec. 81.321, the table entitled ``Maryland-Ozone (8[hyphen]Hour 
Standard)'' is amended by revising footnote 2 to read as follows:


Sec.  81.321  Maryland.

* * * * *

Maryland Ozone (8[hyphen]Hour Standard)

* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December 
31, 2006.
* * * * *
0
6. In Sec. 81.334, the table entitled ``North Carolina-Ozone 
(8[hyphen]Hour Standard)'' is amended by revising footnote 2 to read as 
follows:


Sec.  81.334  North Carolina.

* * * * *

North Carolina Ozone (8[hyphen]Hour Standard)

* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December 
31, 2006.
* * * * *
0
7. In Sec. 81.341, the table entitled ``South Carolina-Ozone 
(8[hyphen]Hour Standard)'' is amended by revising footnote 2 to read as 
follows:


Sec.  81.341  South Carolina.

* * * * *

[[Page 50995]]

South Carolina Ozone (8[hyphen]Hour Standard)

* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December 
31, 2006.
* * * * *
0
8. In Sec. 81.343, the table entitled ``Tennessee-Ozone (8[hyphen]Hour 
Standard)'' is amended by revising footnote 2 to read as follows:


Sec.  81.343  Tennessee.

* * * * *

Tennessee Ozone (8[hyphen]Hour Standard)

* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December 
31, 2006.
* * * * *
0
9. In Sec. 81.344, the table entitled ``Texas-Ozone (8[hyphen]Hour 
Standard)'' is amended by revising footnote 2 to read as follows:


Sec.  81.344  Texas.

* * * * *

Texas Ozone (8[hyphen]Hour Standard)

* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December 
31, 2006.
* * * * *
0
10. In Sec. 81.347, the table entitled ``Virginia-Ozone (8[hyphen]Hour 
Standard)'' is amended by revising footnote 2 to read as follows:


Sec.  81.347  Virginia.

* * * * *

Virginia Ozone (8[hyphen]Hour Standard)

* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December 
31, 2006.
* * * * *
0
11. In Sec. 81.349, the table entitled ``West Virginia-Ozone 
(8[hyphen]Hour Standard)'' is amended by revising footnote 2 to read as 
follows:


Sec.  81.349  West Virgina.

* * * * *

West Virginia Ozone (8[hyphen]Hour Standard)

* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December 
31, 2006.
* * * * *
[FR Doc. 05-17038 Filed 8-26-05; 8:45 am]
BILLING CODE 6560-50-S


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