[Federal Register Volume 73, Number 6 (Wednesday, January 9, 2008)]
[Proposed Rules]
[Pages 1568-1570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5953]


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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.

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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 ([mu]m) 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: [email protected]. 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: 
[email protected].

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 ([mu]m) in diameter, 
PM2.5), are met. We view this as a non-controversial 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:

------------------------------------------------------------------------
                                        NAICS     Examples of regulated
              Category                 code \1\          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           924110  State, territorial, and
 government.                                      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.


[[Page 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,

[[Page 1570]]

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