[Federal Register Volume 73, Number 170 (Tuesday, September 2, 2008)]
[Proposed Rules]
[Pages 51259-51260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20241]



40 CFR Part 81

[EPA-HQ-OAR-2007-0562; FRL-8709-2]

EPA Responses to State and Tribal 2006 24-Hour PM2.5 
Designation Recommendations: Notice of Availability and Public Comment 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability and public comment period.


SUMMARY: Notice is hereby given that the EPA has posted its responses 
to state and tribal designation recommendations for the 2006 24-hour 
fine particles (PM2.5) National Ambient Air Quality 
Standards (NAAQS) on its Internet Web site at http://www.epa.gov/pmdesignations/2006standards/index.htm. EPA invites public comments on 
its responses during the 30-day comment period specified below. EPA 
sent responses directly to the states on August 19 and tribes on or 
around August 20, 2008, and plans to make final designation 
determinations for the 2006 24-hour PM2.5 NAAQS by December 
18, 2008.

DATES: Comments must be received on or before October 2, 2008. Please 
refer to SUPPLEMENTARY INFORMATION for additional information on the 
comment period.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2007-
0562, by one of the following methods:
      http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected]. Attention Docket ID No. 
     Fax: 202-566-9744. Attention Docket ID No. EPA-HQ-OAR-
     Mail: Air Docket, Attention Docket ID No. EPA-HQ-OAR-2007-
0562, Environmental Protection Agency, Mail Code: 6102T, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, 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-
2007-0562. The 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 
regulations.gov or e-mail. The http://www.regulations.gov Web site is 
``anonymous access'' systems, 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 is unable to read your comment and 
contact you for clarification due to technical difficulties, EPA may 
not be able to consider your comment. Electronic files should avoid the 
use of special characters, 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 home page at http://www.epa.gov/epahome/dockets.htm. For additional instructions on submitting 
comments, go to Section II of the SUPPLEMENTARY INFORMATION section of 
this document.
    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, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy at the EPA Docket Center, EPA West, 
Room 3334, 1301 Constitution Avenue, 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 Air 
Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For general questions concerning this 
action, please contact Ben Gibson, U.S. EPA, Office of Air Quality 
Planning and Standards, Air Quality Planning Division, C504-01, 
Research Triangle Park, NC 27711, telephone (919) 541-3065, e-mail at 
[email protected]. For questions regarding EPA Region 1, please 
contact Alison Simcox, U.S. EPA, telephone (617) 918-1684, e-mail at 
[email protected]. For questions regarding EPA Region 2, please 
contact Kenneth Fradkin, U.S. EPA, telephone (212) 637-3702, e-mail at 
[email protected]. For questions regarding EPA Region 3, please 
contact Maria Pino, U.S. EPA, telephone (215) 814-2181, e-mail at 
[email protected]. For questions regarding EPA Region 4, please 
contact Steve Scofield, U.S. EPA, telephone (404) 562-9034, e-mail at 
[email protected]. For questions regarding EPA Region 5, please 
contact John Summerhays, U.S. EPA, telephone (312) 886-6067, e-mail at 
[email protected]. For questions regarding EPA Region 6, please 
contact Joe Kordzi, U.S. EPA, telephone (214) 665-7186, e-mail at 
[email protected]. For questions regarding EPA Region 7, please 
contact Amy Algoe-Eakin, U.S. EPA, telephone (913) 551-7942, e-mail at 
[email protected]. For questions regarding EPA Region 8, please 
contact Catherine Roberts, U.S. EPA, telephone (303) 312-6025, e-mail 
at [email protected]. For questions regarding EPA Region 9, 
please contact Eleanor Kaplan, U.S. EPA, telephone (415) 947-4147, e-
mail at [email protected]. For questions regarding EPA Region 10, 
please contact Krishna Viswanathan, U.S. EPA, telephone (206) 553-2684, 
e-mail at [email protected].


I. General Information

A. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or e-mail. Clearly

[[Page 51260]]

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. Send or deliver 
information identified as CBI only to the following address: Roberto 
Morales, U.S. EPA, Office of Air Quality Planning and Standards, Mail 
Code C404-02, Research Triangle Park, NC 27711, telephone (919) 541-
0880, e-mail at [email protected], Attention: Docket ID No. OAR-
    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.

II. Background

    The process for designating areas following promulgation of a new 
or revised NAAQS is contained in Clean Air Act (CAA) Section 107(d) (42 
U.S.C. 7407). Following the promulgation of a new or revised standard, 
each Governor or Tribal Leader has an opportunity to recommend air 
quality designations, including the appropriate boundaries for 
nonattainment areas, to EPA. EPA considers these recommendations as 
part of its duty to promulgate the formal area designations and 
boundaries for the new or revised standards. By no later than 120 days 
prior to promulgating designations, EPA is required to notify states or 
tribes of any intended modification to an area designation or boundary 
recommendation that EPA deems necessary. On or around August 19 and 20, 
2008, EPA notified states and tribes of its intended area designations 
for the 2006 24-hour PM2.5 NAAQS. States and tribes now have 
an opportunity to demonstrate why they believe a modification proposed 
by EPA may be inappropriate. In these responses, EPA encourages states 
and tribes to provide comments and additional information for 
consideration by EPA in finalizing designations. EPA plans to make 
final designation determinations for the 2006 24-hour PM2.5 
NAAQS by December 18, 2008.
    The purpose of this notice is to solicit public comments from 
interested parties other than states and tribes on EPA's recent 
responses to the state and tribal designation recommendations for the 
2006 24-hour PM2.5 NAAQS. CAA Section 107(d) provides a 
process for designations that involves recommendations by states and 
tribes to EPA and responses from EPA to those parties, prior to EPA 
promulgating final designations and boundaries. EPA is not required 
under CAA Section 107(d) to seek public comment during the designation 
process, but is electing to do so for the 2006 24-hour PM2.5 
NAAQS in order to gather additional information for EPA to consider 
before making final designations. EPA invites public comment on its 
responses to states and tribes during the 30-day comment period 
provided in this notice. Due to the statutory timeframe for 
promulgating designations set out in CAA Section 107(d), EPA will not 
be able to consider any comments submitted after October 2, 2008, 
notwithstanding what may have appeared in any state-specific 
announcements. This notice and opportunity for public comment does not 
affect any rights or obligations of any state, tribe or the EPA which 
might otherwise exist pursuant to CAA section 107(d).
    Please refer to the ADDRESSES section above in this document for 
specific instructions on submitting comments and locating relevant 
public documents.
     In providing comments to EPA please consider the agency's 
charge under CAA section 107(d). Under this section, EPA is obligated 
to identify every area as attainment, nonattainment, or unclassifiable. 
Further, in establishing nonattainment area boundaries, the agency is 
required to identify the area that does not meet the 2006 
PM2.5 24-hour standard and any nearby area that is 
contributing to the area that does not meet that standard. If you 
believe that a specific geographic area that EPA is proposing to 
identify as a nonattainment area should not be categorized by the 
section 107(d) criteria as nonattainment, or if you believe that a 
specific area not proposed by EPA to be identified as a nonattainment 
area should in fact be categorized as nonattainment using the section 
107(d) criteria, please be as specific as possible in supporting your 
     Describe any assumptions and provide any technical 
information and/or data that you used.
     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.

III. Internet Web Site for Rulemaking Information

    The EPA has also established a Web site for this rulemaking at 
http://www.epa.gov/pmdesignations/2006standards/index.htm. The Web site 
includes EPA's state and tribal designation recommendations, as well as 
the rulemaking actions and other related information that the public 
may find useful.

    Dated: August 20, 2008.
Jenny Noonan Edmonds,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. E8-20241 Filed 8-29-08; 8:45 am]