[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Rules and Regulations]
[Pages 58042-58047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23520]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 50

[EPA-HQ-OAR-2005-0159; FRL-8725-5]
RIN 2060-AP28


The Treatment of Data Influenced by Exceptional Events 
(Exceptional Event Rule): Revised Exceptional Event Data Flagging 
Submittal and Documentation Schedule To Support Initial Area 
Designations for the 2008 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action 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 on 
May 27, 2008. Consistent with the process envisioned in the Exceptional 
Events Rule, this direct final action 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.

DATES: The direct final rule is effective on December 22, 2008 without 
further notice, unless EPA receives adverse

[[Page 58043]]

comment by November 20, 2008. If EPA receives an adverse comment, we 
will publish a timely withdrawal in the Federal Register informing the 
public that this direct final rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0159, by one of the following methods:
    <bullet> http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#bddc90dcd3d990cf90d9d2ded6d8c9fdd8cddc93dad2cb"><span class="__cf_email__" data-cfemail="b8d995d9d6dc95ca95dcd7dbd3ddccf8ddc8d996dfd7ce">[email protected]</span></a>. Attention Docket ID No. 
EPA-HQ-OAR-2005-0159.
    <bullet> Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2005-0159.
    <bullet> 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.
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#167a7f787d3862797b5673667738717960"><span class="__cf_email__" data-cfemail="81ede8efeaaff5eeecc1e4f1e0afe6eef7">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Outline

I. Why Is EPA Using a Direct Final Rule?
II. Does This Action Apply to Me?
III. What Should I Consider As I Prepare My Comments?
IV. What Is the Availability of Related Information?
V. What Is the Background for This Action?
VI. What Is This Direct Final 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
    K. Congressional Review Act
    L. Judicial Review

I. Why Is EPA Using a Direct Final 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 action creates no additional regulatory requirements. We are 
publishing this direct final rule because we view this as a 
noncontroversial action and anticipate no adverse comment.
    In the ``Proposed Rules'' section of this Federal Register, we are 
publishing a separate document that will serve as the proposed rule for 
this action to revise the schedule for flagging and documenting ozone 
exceptional events data if relevant adverse comments are received on 
this direct final rule. We will not institute a second comment period 
on this action. Any parties interested in commenting must do so at this 
time. For further information about commenting on this rule, see the 
ADDRESSES section of this document.
    If EPA receives an adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. We will address all public 
comments in any subsequent final rule based on the proposed 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

[[Page 58044]]

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?

A. 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 as 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.

B. Tips for Preparing Your Comments

    When submitting comments, remember to:
    <bullet> Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
    <bullet> 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.
    <bullet> Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
    <bullet> Describe any assumptions and provide any technical 
information and/or data that you used.
    <bullet> If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    <bullet> Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    <bullet> Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
    <bullet> Make sure to submit your comments by the comment period 
deadline identified.

IV. What Is the Availability of Related Information?

    The official record for this rulemaking, as well as the public 
version, has been established under Docket ID No. EPA-HQ-OAR-2005-0159 
(including comments and data submitted electronically as described 
below). A public version of this record, including printed, paper 
versions of electronic comments, which does not include any information 
claimed as CBI, is available for inspection from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The official 
rulemaking record is located at the address provided in ADDRESSES at 
the beginning of this document.

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 general 
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 
general 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 regulatory 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 general 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 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 general 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 pounds 
per billion (ppb) on March 12, 2008, with an effective date of May 27, 
2008. In accordance with Clean Air Act 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 ozone data, which could be 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 data for calendar year 2009. However, in some 
cases the most recent complete data may cover 2006-2008 or 2005-2007. 
In this example, the general 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 general 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 Direct Final Rule?

    This direct final 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 (for this 
purpose only) 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 general schedule for flagging data (and 
providing a brief initial description of the event) from

[[Page 58045]]

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 general 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 extends the designations date beyond 
March 2010 due to insufficient information, 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 direct final action EPA amends Sec.  
50.14(c)(2)(v) to add a tabular schedule of data submittal deadlines, 
by pollutant, for new or revised NAAQS standards. (PM<INF>2.5</INF> 
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 PM<INF>2.5</INF> 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
----------------------------------------------------------------------------------------------------------------
                                         Air quality data
   NAAQS pollutant standard/(level)/       collected for   Event flagging and initial    Detailed documentation
           promulgation date               calendar year      description deadline        submission deadline
----------------------------------------------------------------------------------------------------------------
 PM2.5/24-Hr Standard (35 [mu]g/m3)             2004-2006   October 1, 2007 a........   April 15, 2008 a.
 Promulgated October 17, 2006.
 Ozone/8-Hr Standard (0.075 ppb)                2005-2007   December 31, 2008 b......   March 12, 2009 b.
 Promulgated March 12, 2008.                         2008   March 12, 2009 b.........   March 12, 2009 b.
                                                     2009   January 8, 2010 b........   January 8, 2010 b.
----------------------------------------------------------------------------------------------------------------
a These 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.

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 final 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.

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.

[[Page 58046]]

    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 direct final 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.

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

    This action is not subject to EO 13045 (62 F.R. 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.

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.

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 direct final 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.

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. 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 December 22, 2008.

L. Judicial Review

    Under CAA section 307(b), judicial review of this final action is 
available only by filing a petition for review in the U.S. Court of 
Appeals for the District of Columbia Circuit on or before December 5, 
2008. Under CAA section 307(d)(7)(B), only those objections to the 
final rule that were raised with specificity during the period for 
public comment may be raised during judicial review. Moreover, under 
CAA section 307(b)(2), the requirements established by this final rule 
may not be challenged separately in any civil or criminal proceedings 
brought by EPA to enforce these requirements.

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.

0
For the reasons set forth in the preamble, part 50 of chapter I of 
title 40 of the Code of Federal Regulations is amended as follows:

PART 50--[AMENDED]

0
1. The authority citation for part 50 continues to read as follows:

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


0
2. Section 50.14 is amended by revising paragraph (c)(2)(v) to read as 
follows:


Sec.  50.14  Treatment of air quality monitoring data influenced by 
exceptional events.

* * * * *
    (c) * * *
    (2) * * *
    (v) When EPA sets a NAAQS for a new pollutant or revises the NAAQS 
for an existing pollutant, it may revise or set a new schedule for 
flagging exceptional event data, providing initial data descriptions 
and providing detailed data documentation in AQS for the initial 
designations of areas for those NAAQS: Table 1 provides the schedule 
for submission of flags with initial

[[Page 58047]]

descriptions in AQS and detailed documentation and the schedule shall 
apply for those data which will or may influence the initial 
designation of areas for those NAAQS. EPA anticipates revising Table 1 
as necessary to accommodate revised data submission schedules for new 
or revised NAAQS.

      Table 1--Schedule for Exceptional Event Flagging and Documentation Submission for Data To Be Used in
                                 Designations Decisions for New or Revised NAAQS
----------------------------------------------------------------------------------------------------------------
                                         Air quality data
   NAAQS pollutant/standard/(level)/       collected for   Event flagging and initial    Detailed documentation
           promulgation date               calendar year      description deadline        submission deadline
----------------------------------------------------------------------------------------------------------------
PM2.5/24-Hr Standard (35 [mu]g/m3)              2004-2006  October 1, 2007 \a\.......  April 15, 2008 \a\.
 Promulgated October 17, 2006.
Ozone/8-Hr Standard (0.075 ppb)                 2005-2007  December 31, 2008 \b\.....  March 12, 2009 \b\.
 Promulgated March 12, 2008.                         2008  March 12, 2009 \b\........  March 12, 2009 \b\.
                                                     2009  January 8, 2010 \b\.......  January 8, 2010 \b\.
----------------------------------------------------------------------------------------------------------------
\a\ These 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.

* * * * *
 [FR Doc. E8-23520 Filed 10-3-08; 8:45 am]
BILLING CODE 6560-50-P


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