1568 Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Proposed Rules 

Dated: December 19, 2007. 

J.R. Whitehead, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eighth Coast Guard District. 

[FR Doc. E8–160 Filed 1–8–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 50 

[EPA–HQ–OAR–2001–0017; FRL–8502–4] 

RIN 2060–AO59 

Interpretation of the National Ambient 

Air Quality Standards for PM2.5—

Correcting and Simplifying 

Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA recently finalized 

changes to the data handling 

conventions and computations 

necessary for determining when the 

annual and 24-hour national ambient air 

quality standards (NAAQS) for fine 

particles (generally referring to particles 

less than or equal to 2.5 micrometers 

(μm) in diameter, PM2.5) are met. These 

changes were made in support of 

revisions to the NAAQS for particulate 

matter (PM) that were finalized in the 

same rulemaking. Following the 

publication of this rule, an omission 

was discovered in the rule text 

explaining the procedures for 

calculating the key statistic (98th 

percentile) involved with determining 

compliance with the 24-hour PM2.5

standard in locations where extra 

samples of PM2.5 in ambient air were 

taken above the intended sampling 

frequency. If the error in the regulatory 

text is left unchanged, the resulting 

statistic for calculating compliance with 

the 24-hour PM2.5 standard would be 

biased low at some samplers, leading to 

potentially incorrect determinations that 

an area was attaining the NAAQS. The 

EPA is proposing to correct this error. 

The proposed correction involves the 

replacement of the currently used 

statistical formula and instructions with 

a simpler look-up table approach which 

is easier for readers to understand and 

which retains the originally intended 

numerical consistency with EPA’s 

historical practice. 

DATES: Written comments must be 

received by February 8, 2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

OAR–2001–0017, by mail to: Review of 

the National Ambient Air Quality 

Standards (NAAQS) for Particulate 

Matter (PM), Environmental Protection 

Agency, Mailcode: 2822T, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. Please include a 

total of two copies. Comments may also 

be submitted electronically or through 

hand delivery/courier by following the 

detailed instructions in the ADDRESSES

section of the direct final rule located in 

the ‘‘Rules and Regulations’’ section of 

this Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

general questions, please contact Mr. 

Lewis Weinstock, U.S. Environmental 

Protection Agency, Office of Air Quality 

Planning and Standards, Air Quality 

Assessment Division, Ambient Air 

Monitoring Group (C304–06), Research 

Triangle Park, North Carolina 27711; 

telephone number: (919) 541–3661; fax 

number: (919) 541–1903; e-mail address: 

weinstock.lewis@epa.gov. For technical 

questions, please contact Mr. Mark 

Schmidt, U.S. Environmental Protection 

Agency, Office of Air Quality Planning 

and Standards, Air Quality Assessment 

Division, Air Quality Analysis Group 

(C304–04), Research Triangle Park, 

North Carolina 27711; telephone 

number: (919) 541–2416; fax number: 

(919) 541–1903; e-mail address: 

schmidt.mark@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why Is EPA Issuing This Proposed 

Rule? 

This document proposes to take 

corrective action on 40 CFR part 50, 

Appendix N, Interpretation of the 

National Ambient Air Quality Standards 

for PM2.5. We have published a direct 

final rule identical to this proposal in 

the ‘‘Rules and Regulations’’ section of 

this Federal Register. This direct final 

rule will correct and simplify parts of a 

recent final rule published on October 

17, 2006 that finalized changes to the 

data handling conventions and 

computations necessary for determining 

when the annual and 24-hour national 

ambient air quality standards (NAAQS) 

for fine particles (generally referring to 

particles less than or equal to 2.5 

micrometers (μm) in diameter, PM2.5), 

are met. 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 the amendments 

included in this proposal, we will 

publish a timely withdrawal in the 

Federal Register. 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 

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. 

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. 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. 


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Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Proposed Rules 1569 

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 of that could potentially be 

regulated by this action. Other types of 

entities not listed in the table could also 

be regulated. If you have questions 

regarding the applicability of this action 

to a particular entity, consult one of the 

persons listed in the preceding FOR

FURTHER INFORMATION CONTACT section. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under the Executive 

Order. 

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. There is no 

information collection requirement 

directly associated with revisions to a 

NAAQS or supporting appendices 

under section 109 of the CAA. 

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 

whose parent company has fewer than 

100 or 1,000 employees, or fewer than 

4 billion kilowatt-hr per year of 

electricity usage, depending on the size 

definition for the affected North 

American Industry Classification 

System code; (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 because 

it does not impose any additional 

regulatory requirements. 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 

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. 

This rule contains no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, local, or tribal governments or the 

private sector. The rule imposes no 

enforceable duty on any State, local or 

tribal governments or the private sector. 

The proposed correcting and 

simplifying change does not create 

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 

change only corrects and simplifies one 

error in Appendix N of part 50 

(Interpretation of the National Ambient 

Air Quality Standards for PM2.5). Thus, 

this proposed rule is not subject to the 

requirements of section 202 and 205 of 

the UMRA. 

EPA has determined that this rule 

contains no regulatory requirements that 

might significantly of uniquely affect 

small governments. The proposed rule 

change only corrects and simplifies one 

error in Appendix N of part 50. 

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. It will not have 

substantial direct effects on the States, 


rwilkins on PROD1PC63 with PROPOSALS-1
1570 Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Proposed Rules 

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 proposed 

change only corrects and simplifies one 

error in Appendix N of part 50 

(Interpretation of the National Ambient 

Air Quality Standards for PM2.5); thus, 

Executive Order 13132 does not apply 

to this proposed rule. 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 

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 proposed rule does 

not have tribal implications, as specified 

in Executive Order 13175. The proposed 

change only corrects and simplifies one 

error in Appendix N of part 50 

(Interpretation of the National Ambient 

Air Quality Standards for PM2.5). Thus, 

Executive Order 13175 does not apply 

to this proposed rule. 

EPA specifically solicits additional 

comment on this proposed rule from 

tribal officials. 

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’’ (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 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 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 proposed rule is not subject to 

Executive Order 13045 because, while it 

is based on the need for monitoring data 

to characterize risk, this proposed rule 

itself 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 proposed rule is not 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 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 

involve any new technical standards for 

environmental monitoring and 

measurement. Ambient air 

concentrations of PM 2.5 are currently 

measured by the Federal reference 

method in 40 CFR part 50, Appendix L 

(Reference Method for the 

Determination of Fine Particulate as 

PM 2.5 in the Atmosphere) or by Federal 

Reference Method or Federal Equivalent 

Method that meet the requirements in 

40 CFR part 53. 

EPA welcomes comments on this 

aspect of the proposed rulemaking and, 

specifically, invites the public to 

identify potentially-applicable 

voluntary standards and to explain why 

such standards should be used in this 

regulation. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

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 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 proposed rule 

merely amends the October 17, 2006, 

final PM NAAQS rule (71 FR 61144) by 

correcting and simplifying existing 

PM 2.5 data handling conventions and 

computations. 

List of Subjects in 40 CFR Part 50 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: November 29, 2007. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. 07–5953 Filed 1–8–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2007–1043; FRL–8514–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Michigan; PSD Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

conditionally approve revisions to 

Michigan’s State Implementation plan 

(SIP) to add the prevention of significant 

deterioration (PSD) construction permit 

program under the Federal Clean Air 

Act (CAA). This program affects major 

stationary sources in Michigan that are 

subject to or potentially subject to the 

PSD construction permit program. 

DATES: Comments must be received on 

or before February 8, 2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05–


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