8640 Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Proposed Rules 

IV. Summary 

EPA is proposing to determine that 

the Albany-Schenectady-Troy, Jefferson 

County and Rochester ozone 

nonattainment areas have attained the 

eight-hour ozone standard based on 

three years of complete, quality-assured 

monitoring data at all ozone monitoring 

sites in the areas. Data through the 2007 

ozone season demonstrate that the areas 

continue to attain the standard. As 

provided in 40 CFR 51.918, if EPA’s 

determinations that these areas have 

attained the eight-hour ozone standard 

are made final, they would suspend the 

requirements under section 182(b)(1) for 

submission of the reasonable further 

progress plan and ozone attainment 

demonstration and the requirements of 

section 172(c)(9) concerning submission 

of contingency measures and any other 

planning SIP relating to attainment of 

the eight-hour NAAQS. This suspension 

of requirements would be effective as 

long as the areas continue to attain the 

eight-hour ozone standard. EPA will 

await additional, complete data before 

determining whether the Whiteface 

Mountain area in Essex County is 

attaining the standard. 

EPA emphasizes that its proposed 

determinations are contingent upon the 

continued monitoring and continued 

attainment and maintenance of the 

eight-hour ozone NAAQS in these 

affected areas. If these determinations 

are finalized and EPA subsequently 

determines, after notice and comment 

rulemaking, that an area violated the 

standard, the basis for the suspension of 

the planning requirements would no 

longer exist, and the area would 

thereafter have to address the pertinent 

requirements. 

V. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this proposed 

action is not a ‘‘significant regulatory 

action’’ and therefore is not subject to 

review by the Office of Management and 

Budget. For this reason, this action is 

also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

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

22, 2001). This action proposes to make 

a determination based on air quality 

data, and would, if finalized, result in 

the suspension of certain Federal 

requirements. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

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

rule proposes to make a determination 

based on air quality data, and would, if 

finalized, result in the suspension of 

certain Federal requirements, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). 

This proposed rule also does not have 

tribal implications because it will 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, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

proposed action also does not have 

Federalism implications because it does 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

proposes to make a determination based 

on air quality data and would, if 

finalized, result in the suspension of 

certain Federal requirements, and does 

not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. This proposed rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’(62 FR 19885, April 23, 1997), 

because it proposes to determine that air 

quality in the affected area is meeting 

Federal standards. 

The requirements of section 12(d) of 

the National Technology Transfer and 

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

272 note) do not apply because it would 

be inconsistent with applicable law for 

EPA, when determining the attainment 

status of an area, to use voluntary 

consensus standards in place of 

promulgated air quality standards and 

monitoring procedures that otherwise 

satisfy the provisions of the Clean Air 

Act. 

This proposed rule does not impose 

an information collection burden under 

the provisions of the Paperwork 

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

et seq.) 

Under Executive Order 12898, EPA 

finds that this rule involves a proposed 

determination of attainment based on 

air quality data and will not have 

disproportionately high and adverse 

human health or environmental effects 

on any communities in the area, 

including minority and low-income 

communities. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen oxides, 

Ozone, Volatile organic compounds, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

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

Dated: February 6, 2008. 

Alan J. Steinberg, 

Regional Administrator, Region 2. 

[FR Doc. E8–2781 Filed 2–13–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R08–RCRA–2006–0501 FRL–8524–6] 

North Dakota: Final Authorization of 

State Hazardous Waste Management 

Program Revisions and Incorporation 

by Reference of Approved Hazardous 

Waste Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: North Dakota has applied to 

EPA for final authorization of the 

changes to its hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA). The EPA 

proposes to grant final authorization to 

the hazardous waste program changes 

submitted by North Dakota. In addition, 

EPA is proposing to codify in the 

regulations entitled ‘‘Approved State 

Hazardous Waste Management 

Programs’’, North Dakota’s authorized 

hazardous waste program. EPA will 

incorporate by reference into the Code 

of Federal Regulations (CFR) those 

provisions of the State statutes and 

regulations that are authorized and that 

EPA will enforce under the Solid Waste 

Disposal Act, as amended and 

commonly referred to as RCRA. In the 

‘‘Rules and Regulations’’ section of this 

Federal Register, we are authorizing the 

State’s program changes and codifying 

and incorporating by reference the 

authorized hazardous waste program as 

an immediate final rule. EPA did not 

make a proposal prior to the immediate 

final rule because we believe these 

actions are not controversial and do not 

expect comments to oppose them. We 

have explained the reasons for this 

authorization and incorporation-byreference in the preamble to the 

immediate final rule. Unless we get 

written comments opposing this 

authorization and incorporation by 

reference during the comment period, 

the immediate final rule will become 


ebenthall on PRODPC61 with PROPOSALS
Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Proposed Rules 8641 

effective and the Agency will not take 

further action on this proposal. If we 

receive comments that oppose these 

actions, we will publish a document in 

the Federal Register withdrawing this 

rule before it takes effect. EPA will then 

address public comments in a later final 

rule based on this proposal. Any parties 

interested in commenting on these 

actions must do so at this time. EPA 

may not provide further opportunity for 

comment. 

DATES: Comments must be received on 

or before March 17, 2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08–

RCRA–2006–0501, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov.Follow the on-line 

instructions for submitting comments. 

• E-mail: daly.carl@epa.gov. 

• Fax: (303) 312–6341. 

• Mail: Send written comments to 

Carl Daly, Solid and Hazardous Waste 

Program, EPA Region 8, Mailcode 8P–

HW, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery or Courier: Deliver 

your comments to Carl Daly, Solid and 

Hazardous Waste Program, EPA Region 

8, Mailcode 8P–HW, 1595 Wynkoop 

Street, Denver, CO 80202–1129. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The public is advised to call 

in advance to verify the business hours. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–RCRA–2006–

0501. EPA’s policy is that all comments 

received will be included in the public 

docket without change, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov, or e-mail. The 

federal web site, http:// 

www.regulations.gov, is an ‘‘anonymous 

access’’ system, which means EPA will 

not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

e-mail comment directly to EPA without 

going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties, and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

Electronic files should avoid the use of 

special characters or any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. 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, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at: 

EPA Region 8, from 9 a.m. to 4 p.m., 

1595 Wynkoop Street, Denver, 

Colorado, contact: Carl Daly, phone 

number (303) 312–6416, or the North 

Dakota Department of Health (NDDH) 

from 9 a.m. to 4 p.m., 1200 Missouri 

Ave, Bismarck, ND 58504–5264, 

contact: Curt Erickson, phone number 

(701) 328–5166. The public is advised to 

call in advance to verify the business 

hours. 

FOR FURTHER INFORMATION CONTACT: Carl 

Daly, Solid and Hazardous Waste 

Program, U.S. Environmental Protection 

Agency, Region 8, 1595 Wynkoop 

Street, Denver, CO 80202, (303) 312–

6416, daly.carl@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information, please see the 

immediate final rule published in the 

‘‘Rules and Regulations’’ section of this 

Federal Register. 

Dated: January 22, 2008. 

Carol Rushin, 

Acting Regional Administrator, Region 8. 

[FR Doc. E8–2158 Filed 2–13–08; 8:45 am] 

BILLING CODE 6560–50–P 


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