58080 Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 50 and 51 

[EPA–HQ–OAR–2005–0159; FRL–8725–4] 

RIN 2060–AP28 

The Treatment of Data Influenced by 

Exceptional Events (Exceptional Event 

Rule): Revised Exceptional Event Data 

Flagging Submittal and Documentation 

Schedule for Monitoring Data Used in 

Designations for the 2008 Ozone 

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to amend 

the Exceptional Events Rule to provide 

a revised exceptional event data flagging 

and documentation schedule for ozone 

data that may be used for designations 

under the 2008 ozone national ambient 

air quality standards (NAAQS). The 

Exceptional Events Rule states that 

when EPA sets a NAAQS for a new 

pollutant or revises the NAAQS for an 

existing pollutant, EPA may revise or set 

a new schedule for flagging data for 

those NAAQS. EPA recently revised the 

primary and secondary ozone NAAQS 

to protect public health and welfare; the 

revised standards became effective May 

27, 2008. Consistent with the process 

envisioned in the Exceptional Events 

Rule, this proposal revises the dates for 

flagging data and submitting 

documentation regarding exceptional 

events under the revised ozone NAAQS. 

This revised schedule allows EPA to 

fully consider state requests for 

exceptional event concurrence prior to 

EPA making final designations. 

In the ‘‘Rules’’ section of this Federal 

Register, we are issuing this action as a 

direct final rule without a prior 

proposed rule. If we receive no adverse 

comment, we will not take further 

action on this proposed rule. 

DATES: Comments. Written comment 

must be received November 20, 2008. 

Public Hearing. If anyone contacts us 

requesting a public hearing by October 

16, 2008, we will hold a public hearing 

approximately 30 days after publication 

in the Federal Register. Additional 

information about the hearing would be 

published in a subsequent Federal 

Register notice. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2005–0159, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

Attention Docket ID No. EPA–HQ– 

OAR–2005–0159. 

• Fax: (202) 566–9744. Attention 

Docket ID No. EPA–HQ–OAR–2005– 

0159. 

• Mail: EPA Docket Center, EPA West 

(Air Docket), Attention Docket ID No. 

EPA–HQ–OAR–2005–0159, 

Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

• Hand Delivery: EPA Docket Center 

(Air Docket), Attention Docket ID No. 

EPA–HQ–OAR–2005–0159, 

Environmental Protection Agency, 1301 

Constitution Avenue, NW., Room 3334; 

Washington, DC. Such deliveries are 

only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2005– 

0159. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, 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 

http://www.regulations.gov Web site 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 and 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 in http:// 

www.regulations.gov or in hard copy at 

the EPA Docket Center EPA/DC, EPA 

West, Room 3334, 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 EPA Docket Center is 

(202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Thomas E. Link, Air Quality Planning 

Division, Office of Air Quality Planning 

and Standards, Mail Code C539–04, 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: 919–541– 

5456; fax number: 919–541–0824; e-mail 

address: link.tom@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Outline 

I. Why Is EPA Issuing This Proposed Rule? 

II. Does This Action Apply to Me? 

III. What Should I Consider as I Prepare My 

Comments for EPA? 

IV. What Information Should I Know About 

the Public Hearing? 

V. What Is the Background for This Action? 

VI. What Is This Proposed Rule? 

VII. 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-Income 

Populations 

I. Why Is EPA Issuing This Proposed 

Rule? 

This action provides for a revised 

schedule to flag data and submit 

documentation related to exceptional 

events that influence ozone data which 

may affect designations under the 

recently revised ozone NAAQS. This 

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Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Proposed Rules 58081 

action creates no additional regulatory 

requirements compared to those already 

promulgated in the Exceptional Events 

Rule. We have published a direct final 

rule making such amendments in the 

‘‘Rules’’ section of this Federal Register 

because 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 EPA receives an adverse comment, 

we will take no further action on this 

proposed rule. If we receive adverse 

comment, we will withdraw the direct 

final rule and it will not take effect. We 

would address all public comments in 

any subsequent final rule based on the 

proposed rule. We do not intend to 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. 

The regulatory test for this proposal is 

identical to that for the direct final rule 

published in the ‘‘Rules’’ section of this 

Federal Register. For further 

information and detailed rationale for 

this proposal, see the information 

provided in the direct final rule. 

II. Does This Action Apply to Me? 

States are responsible for identifying 

air quality data that they believe warrant 

special consideration, including data 

affected by exceptional events. States 

identify such data by flagging (making a 

notation in a designated field in the 

electronic data record) specific values in 

the Air Quality System (AQS) database. 

States must flag the data and submit a 

justification that the data are affected by 

exceptional events if they wish EPA to 

consider excluding the data in 

determining whether or not an area is 

attaining the revised ozone NAAQS. 

All states that include areas that could 

exceed the ozone NAAQS and could 

therefore be designated as 

nonattainment for the ozone NAAQS 

have the potential to be affected by this 

rulemaking. Therefore, this action 

applies to all states; to local air quality 

agencies to which a state has delegated 

relevant responsibilities for air quality 

management including air quality 

monitoring and data analysis; and, to 

Tribal air quality agencies where 

appropriate. The Exceptional Events 

Rule describes in greater detail to whom 

the Rule applies in 72 FR at 13562– 

13563 (March 22, 2007). 

III. What Should I Consider as I 

Prepare My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through http:// 

www.regulations.gov or e-mail. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed to be 

CBI must be submitted for inclusion in 

the public docket. Information so 

marked will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

IV. What Information Should I Know 

About the Public Hearing? 

EPA will hold a hearing only if a 

party notifies EPA by October 16, 2008, 

expressing its interest in presenting oral 

testimony on issues addressed in this 

notice. Any person may request a 

hearing by calling Mrs. Pamela Long at 

(919) 541–0641 before 5 p.m. by October 

16, 2008. Persons interested in 

presenting oral testimony should 

contact Mrs. Pamela Long at (919) 541– 

0641. Any person who plans to attend 

the hearing should also contact Mrs. 

Pamela S. Long at (919) 541–0641 to 

learn if a hearing will be held. 

If a public hearing is held on this 

notice, it will be held at the EPA, 

Building C, 109 T.W. Alexander Drive, 

Research Triangle Park, NC 27709. 

Because the hearing will be held at a 

U.S. Government facility, everyone 

planning to attend should be prepared 

to show valid picture identification to 

the security staff in order to gain access 

to the meeting room. 

If held, the public hearing will begin 

at 10 a.m. and end 1 hour after the last 

registered speaker has spoken. The 

hearing will be limited to the subject 

matter of this document. Oral testimony 

will be limited to 5 minutes. The EPA 

encourages commenters to provide 

written versions of their oral testimony 

either electronically (on computer disk 

or CD ROM) or in paper copy. Verbatim 

transcripts and written statements will 

be included in the rulemaking docket. 

A public hearing would provide 

interested parties the opportunity to 

present data, views, or arguments 

concerning issues addressed in this 

notice. The EPA may ask clarifying 

questions during the oral presentations, 

but would not respond to the 

presentations or comments at that time. 

Written statements and supporting 

information submitted during the 

comment period will be considered 

with the same weight as any oral 

comments and supporting information 

presented at a public hearing. 

V. What Is the Background for This 

Action? 

The Exceptional Events Rule 

(Treatment of Data Influenced by 

Exceptional Events (72 FR 13560, March 

22, 2007)) sets a schedule for states to 

flag monitored data affected by 

exceptional events in AQS and for them 

to submit documentation to demonstrate 

that the flagged data were impacted by 

an exceptional event. Under this 

schedule, a state must initially notify 

EPA that data have been affected by an 

exceptional event by July 1 of the year 

after the data are collected; this is 

accomplished by flagging the data in 

AQS. The state must also include an 

initial description of the event when 

flagging the data. In addition, the state 

is required to submit a full 

demonstration to justify exclusion of 

such data within three years after the 

quarter in which the data were 

collected, or if a regulatory decision 

based on the data (such as a designation 

action) is anticipated, the demonstration 

must be submitted to EPA no later than 

one year before the decision is to be 

made. 

However, the rule also authorizes EPA 

to revise data flagging and 

documentation schedules for the initial 

designation of areas under a new or 

revised NAAQS. This generic schedule, 

while appropriate for the period after 

initial designations have been made 

under a NAAQS, may need adjustment 

when a new or revised NAAQS is 

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58082 Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Proposed Rules 

promulgated because until the level and 

form of the NAAQS have been 

promulgated a state would not have 

complete knowledge of the criteria for 

excluding data. In these cases the 

generic schedule may preclude states 

from submitting timely flags and 

associated documentation for otherwise 

approvable exceptional events. This 

could, if not modified, result in some 

areas receiving a nonattainment 

designation when the NAAQS 

violations were legitimately due to 

exceptional events. 

For example, EPA finalized new 

standards for ozone of 0.075 ppb on 

March 12, 2008 with an effective date of 

May 27, 2008. In accordance with CAA 

Section 107(b), state Governors must 

provide their recommendations to EPA 

by March 12, 2009 on designating areas 

as attainment, nonattainment, or 

unclassifiable with the new standards. 

States will base their recommendations 

on the three most recent years of 

quality-assured air quality data, which 

could be ozone data collected between 

calendar years 2006–2008, or 2005– 

2007. EPA must complete final area 

designations for these new standards by 

March 12, 2010. EPA will base its 

designations decisions on the three most 

recent years of quality-assured air 

quality data for each area which would 

be ozone data collected during calendar 

years 2007–2009 where states have 

submitted quality assured ozone data for 

2009. However, in some cases the most 

recent complete data may cover 2006– 

2008 or 2005–2007. In this example the 

generic exceptional event flagging 

schedule for 2005 and 2006 data has 

already passed and the flagging deadline 

for exceptional events that occurred in 

2007 would be July 1, 2008— 

approximately 33 days after the effective 

date of the revised NAAQS. In addition, 

the generic schedule would require 

states to submit demonstrations for 2009 

data influenced by exceptional events 

no later than March 12, 2009, one year 

before the final designation decisions. 

This is clearly not possible for air 

quality data collected from March 13, 

2009 to December 31, 2009. 

EPA is, therefore, using the authority 

provided in the Exceptional Events Rule 

at 40 CFR 50.14(c)(2)(v), to modify the 

schedule for data flagging and 

submission of demonstration for 

exceptional events data considered for 

initial designations under the 2008 

revised ozone NAAQS. 

VI. What Is This Proposed Rule? 

This proposed rule amends the 

Exceptional Events Rule by providing a 

revised exceptional event data flagging 

and documentation schedule regarding 

claimed exceptional events affecting 

ozone monitoring data that will be 

compared to the 2008 revised ozone 

NAAQS for the purpose of initial ozone 

designations. In some cases, EPA is 

extending the otherwise applicable 

deadline for states to flag data and 

submit documentation. In other cases, 

EPA is shortening the otherwise 

applicable schedule to assure that the 

exceptional events claims can be fully 

considered by EPA in the designations 

decisions. 

For air quality data collected in the 

years 2005 through 2007, this revised 

schedule extends the generic schedule 

for flagging data (and providing a brief 

initial description of the event) from 

July 1 of the year following the year the 

data are collected, to December 31, 

2008. For data collected in 2008, the 

revised schedule extends the generic 

schedule for flagging data and providing 

a brief initial description of the event to 

March 12, 2009, to coincide with the 

deadline for state Governors to submit 

designation recommendations to EPA. 

The deadline for submitting to EPA a 

detailed demonstration to justify 

exclusion of data collected in 2005 

through 2008 is also being set to March 

12, 2009. The deadline for submitting to 

EPA flagged data with initial 

descriptions and a detailed 

demonstration to justify exclusion of 

data collected in 2009 is being set to 

January 8, 2010. For data collected in 

2008 and 2009 this would give a state 

less time, but EPA believes still 

sufficient time, to decide what 2008 and 

2009 data to flag, and would allow EPA 

to have access to the flags and 

supporting data in time for EPA to 

develop its own proposed and final 

plans for designations. (If EPA has 

insufficient information and extends the 

designations date beyond March 2010, a 

new event flagging deadline and 

detailed documentation submission 

deadline will be published.) While the 

new deadlines for submission of a 

state’s demonstration for data collected 

in 2009 is less than a year before the 

designation decisions would be made, 

EPA believes it is a reasonable approach 

between giving states a reasonable 

period to prepare the justifications, and 

EPA a reasonable period to consider the 

information submitted by the state. With 

this proposed rule EPA amends section 

50.14(c)(2)(v) to add a tabular schedule 

of data submittal deadlines, by 

pollutant, for new or revised NAAQS 

standards. (PM2.5 data submittal 

schedules revised in March 2007 and 

presented in this table are for 

informational purposes only. EPA is not 

taking further comment on the PM2.5

data submittal schedule published in 72 

FR 13560, March 22, 2007.) EPA 

anticipates providing amendments to 

the following table to add data 

submission schedules for new or revised 

NAAQS standards in the future. 

TABLE 1—SCHEDULE FOR EXCEPTIONAL EVENT FLAGGING AND DOCUMENTATION SUBMISSION FOR DATA TO BE USED IN

DESIGNATIONS DECISIONS FOR NEW OR REVISED NAAQS 

NAAQS pollutant/standard/(level)/promulgation date 

Air quality data 

collected for 

calendar year 

Event flagging & initial 

description deadline 

Detailed documentation 

submission 

deadline 

PM2.5 24-Hr Standard (35 μg/m3) Promulgated October 17, 2006 2004–2006 October 1, 2007 a ....................... April 15, 2008 a. 

Ozone/8-Hr Standard (0.075 ppb) Promulgated March 12, 2008 ... 2005–2007 December 31, 2008 b ................. March 12, 2009 b. 

2008 March 12, 2009 b ........................ March 12, 2009 b. 

2009 January 8, 2010 b ....................... January 8, 2010 b. 

aThese dates are unchanged from those published in the original rulemaking, and are shown in this table for informational purposes. b Indicates change from general schedule in 40 CFR 50.14. 

Note: EPA notes that the table of revised deadlines only applies to data EPA will use to establish the final initial designations for new or revised NAAQS. The general schedule applies for all other purposes, most notably, for data used by EPA for redesignations to attainment. 

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Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Proposed Rules 58083 

VII. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order (EO) 12866 

(58 FR 51735, October 4, 1993), this 

action is a ‘‘significant regulatory 

action’’ because it is likely to raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. Accordingly, EPA submitted this 

action to the Office of Management and 

Budget (OMB) for review under EO 

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 an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq., where 

burden is defined at 5 CFR 1320.3(b). 

This rule modifies previously 

established deadlines under the 

Exceptional Events Rule and does not 

impose any new obligations or 

enforceable duties on any state, local or 

tribal governments or the private sector. 

Therefore, it does not impose an 

information collection burden. 

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 this rule on small entities, small 

entity is defined as: (1) A small business 

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 proposal on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

This rule modifies previously 

established deadlines under the 

Exceptional Events Rule and does not 

impose any new obligations or 

enforceable duties on any state, local or 

tribal governments or the private sector. 

Thus, it does 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 Reform 

Act of 1995 (URMA), 2 U.S.C. 1531– 

1538 for State, local, or tribal 

governments or the private sector. This 

action imposes no enforceable duty on 

any state local or tribal governments or 

the private sector. This action modifies 

previously established deadlines under 

the Exceptional Events Rule and does 

not impose any new obligations or 

enforceable duties on any state, local or 

tribal governments or the private sector. 

Therefore, this action is not subject to 

the requirements of sections 202 and 

205 of the UMRA. 

This action is also not subject to the 

requirements of section 203 of URMA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

rule modifies previously established 

deadlines under the Exceptional Events 

Rule and does not impose any new 

obligations or enforceable duties on any 

small governments. 

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 proposal 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. This rule 

modifies previously established 

deadlines under the Exceptional Events 

Rule and does not impose any new 

obligations or enforceable duties on any 

state, local or tribal governments or the 

private sector. Thus, Executive Order 

13132 does not apply to this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This rule modifies previously 

established deadlines under the 

Exceptional Events Rule and does not 

impose any new obligations or 

enforceable duties on tribal 

governments. Thus, Executive Order 

13175 does not apply to this rule. 

EPA specifically solicits additional 

comment on this proposed action from 

tribal officials. 

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 

the Agency does not believe the 

environmental health risks or safety 

risks addressed by this action present a 

disproportionate risk to children. This 

action is not subject to Executive Order 

13045 because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. 

The public is invited to submit 

comments or identify peer-reviewed 

studies and data that assess effects of 

modifying previously established 

deadlines under the Exceptional Events 

Rule. 

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. 

Further, we have concluded that this 

rule is not likely to have any adverse 

effects because this action modifies 

previously established deadlines under 

the Exceptional Events Rule. 

I. National Technology Transfer 

Advancement Act 

This action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

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58084 Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Proposed Rules 

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 

proposal will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it will not affect the level of 

protection provided to human health or 

the environment. This rule modifies 

previously established deadlines under 

the Exceptional Events Rule and does 

not impose any new obligations or 

enforceable duties on any state, local or 

tribal governments or the private sector. 

It will neither increase nor decrease 

environmental protection. 

List of Subjects in 40 CFR Part 50 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: September 30, 2008. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. E8–23524 Filed 10–3–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2005–0534; FRL–8725–3] 

Approval and Promulgation of 

Implementation Plans North Carolina: 

Prevention of Significant Deterioration 

and Nonattainment New Source 

Review Rules; Extension of Comment 

Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Extension of public comment 

period. 

SUMMARY: EPA is extending the 

comment period for a proposed rule 

published September 9, 2008 (73 FR 

52226). On September 9, 2008, EPA 

proposed to approve revisions to the 

North Carolina State Implementation 

Plan (SIP) submitted by the State of 

North Carolina in three submittals dated 

November 30, 2005, March 16, 2007, 

and June 20, 2008. The proposed 

revisions modify North Carolina’s 

Prevention of Significant Deterioration 

and Nonattainment New Source Review 

permitting regulations in the SIP to 

address changes to the federal New 

Source Review (NSR) regulations, which 

were promulgated by EPA on December 

31, 2002, and reconsidered with minor 

changes on November 7, 2003 

(collectively, these two final actions are 

referred to as the ‘‘2002 NSR Reform 

Rules’’). In addition, the proposed 

revisions address an update to the NSR 

regulations promulgated by EPA on 

November 29, 2005 (‘‘Ozone 

Implementation NSR update’’) relating 

to the implementation of the 1997 8- 

hour ozone National Ambient Air 

Quality Standards (NAAQS). At the 

request of several commentors, EPA is 

extending the comment period through 

November 10, 2008. 

DATES: Written comments must be 

received on or before November 10, 

2008. 

ADDRESSES: Comments should be 

submitted to: Ms. Yolanda Adams, Air 

Permits Section, Air Planning Branch, 

Air, Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. 

Telephone number: (404) 562–9214; email address: adams.yolanda@epa.gov. 

Additional instructions to comment can 

be found in the notice of proposed 

rulemaking published September 9, 

2008 (73 FR 52226). 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the North 

Carolina State Implementation Plan, 

contact Ms. Nacosta Ward, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

Telephone number: (404) 562–9140; email address: ward.nacosta@epa.gov. 

For information regarding New Source 

Review, contact Ms. Yolanda Adams, 

Air Permits Section, at the same address 

above. Telephone number: (404) 562– 

9214; e-mail address: 

adams.yolanda@epa.gov. 

Dated: September 26, 2008. 

J. I. Palmer, Jr., 

Regional Administrator, Region 4. 

[FR Doc. E8–23553 Filed 10–3–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2006–0649; FRL–8725–2] 

Approval and Promulgation of 

Implementation Plans; Georgia; 

Prevention of Significant Deterioration 

and Nonattainment New Source 

Review Rules; Extension of Comment 

Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Extension of public comment 

period. 

SUMMARY: EPA is extending the 

comment period for a proposed rule 

published September 4, 2008 (73 FR 

51606). On September 4, 2008, EPA 

proposed to partially approve and 

disapprove portions of revisions to the 

Georgia State Implementation Plan (SIP) 

submitted by the State of Georgia in 

three submittals dated October 31, 2006, 

March 5, 2007, and August 22, 2007. 

The proposed revisions modify 

Georgia’s Prevention of Significant 

Deterioration and Nonattainment New 

Source Review permitting rules in the 

SIP to address changes to the federal 

New Source Review (NSR) regulations, 

which were promulgated by EPA on 

December 31, 2002, and reconsidered 

with minor changes on November 7, 

2003 (collectively, these two final 

actions are referred to as the ‘‘2002 NSR 

Reform Rules’’). At the request of 

several commentors, EPA is extending 

the comment period through November 

5, 2008. 

DATES: Written comments must be 

received on or before November 5, 2008. 

ADDRESSES: Comments should be 

submitted to: Ms. Kelly Fortin, Air 

Permits Section, Air Planning Branch, 

Air, Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. 

Telephone number: (404) 562–9117; 

e-mail address: fortin.kelly@epa.gov. 

Additional instructions to comment can 

be found in the notice of proposed 

rulemaking published September 4, 

2008 (73 FR 51606). 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the Georgia State 

Implementation Plan, contact Ms. Stacy 

Harder, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. 

Telephone number: (404) 562–9042; 

mstockstill on PROD1PC66 with PROPOSALS