[Federal Register Volume 79, Number 86 (Monday, May 5, 2014)]
[Proposed Rules]
[Pages 25555-25558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09271]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2013-0802; FRL 9909-23-OAR]
RIN 2060-AS15


Technical Amendments to Inadvertent Errors in Air Quality 
Designations for Fine Particles, Ozone, Lead, Nitrogen Dioxide and 
Sulfur Dioxide

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action proposes technical amendments to address several 
minor, inadvertent and nonsubstantive errors in the regulatory text 
establishing the air quality designations for certain areas in fourteen 
states for the 1997 Fine Particles (PM2.5) National Ambient 
Air Quality Standard (NAAQS), the 2008 Ozone NAAQS, the 2008 Lead 
NAAQS, the 2010 Nitrogen Dioxide (NO2) NAAQS and the 2010 
Sulfur Dioxide (SO2) NAAQS. The states are: Alabama, 
Florida, Georgia, Idaho, Indiana, Iowa, Minnesota, Missouri, North 
Carolina, Ohio, Oregon, Tennessee, Washington and Wisconsin. This 
action does not propose to change the designation for any area. In the 
``Rules'' section of this Federal Register, we are making the same 
technical amendments 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 must be received on or before June 4, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2013-0802, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions for 
submitting comments.
     Email: [email protected], Attention Docket ID 
No. EPA-HQ-OAR-2013-0802.
     Fax: (202) 566-1541, Attention Docket ID No. EPA-HQ-OAR-
2013-0802.
     Mail: Docket ID No. EPA-HQ-OAR-2013-0802, Environmental 
Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460.
     Hand Delivery: EPA Docket Center, U.S. Environmental 
Protection Agency, 1301 Constitution Avenue NW., Room: 3334, Mail Code: 
6102T, Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-2013-
0802. Such

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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-
2013-0802. The Environmental Protection Agency (EPA)'s policy is that 
all comments received will be included in the public docket without 
change and may be made available online at 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 www.regulations.gov, or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means the EPA will not know your identity or contact information unless 
you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through www.regulations.gov, 
your email 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, the 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 the 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, the 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. Send or 
deliver information identified as CBI only to the following address: 
Roberto Morales, OAQPS Document Control Officer (C404-02), U.S. EPA, 
Research Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-
2013-0802.
    For additional information about the 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 index at 
http://www.regulations.gov. 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 through http://www.regulations.gov or in hard copy at the EPA's Docket Center, Public 
Reading Room, William Jefferson Clinton West Building, Room 3334, 1301 
Constitution Avenue NW., Washington, DC 20004. This Docket Center 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.
    Documents related to the affected designations are available in the 
following dockets:

Designations for the 1997 PM2.5 NAAQS: Docket ID No. EPA-HQ-
OAR-2003-0061;
Designations for the 2008 Ozone NAAQS: Docket ID No. EPA-HQ-OAR-2008-
0476;
Designations for the 2008 Lead NAAQS: Docket ID No. EPA-HQ-OAR-2009-
0443;
Designations for the 2010 NO2 NAAQS: Docket ID No. EPA-HQ-
OAR-2011-0572; and
Designations for the 2010 SO2 NAAQS: Docket ID No. EPA-HQ-
OAR-2012-0233.
    In addition, the EPA has established Web sites for the designation 
rulemakings at: http://www.epa.gov/pmdesignations/, http://www.epa.gov/ozonedesignations, http://www.epa.gov/leaddesignations/, http://www.epa.gov/no2designations/ and http://www.epa.gov/so2designations.

FOR FURTHER INFORMATION CONTACT: Carla Oldham, Office of Air Quality 
Planning and Standards, U.S. Environmental Protection Agency, Mail Code 
C539-04, Research Triangle Park, NC 27711, phone number (919) 541-3347 
or by email at: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Why is the EPA issuing this proposed rule?

    Whenever the EPA establishes a new NAAQS, section 107(d) of the 
Clean Air Act requires the EPA to designate all areas of the country as 
meeting or not meeting the new NAAQS, or as unclassifiable where 
available information does not support a determination whether an area 
is meeting the NAAQS. The area designations and boundaries for each 
NAAQS are set forth in tables in the Code of Federal Regulations (CFR) 
at 40 CFR part 81. This action proposes technical amendments to minor, 
inadvertent and nonsubstantive errors in the 40 CFR part 81 regulatory 
text concerning the air quality designations for certain areas in 
fourteen states for the 1997 PM2.5 NAAQS, the 2008 Ozone 
NAAQS, the 2008 Lead NAAQS, the 2010 NO2 NAAQS and the 2010 
SO2 NAAQS. These states are: Alabama, Florida, Georgia, 
Idaho, Indiana, Iowa, Minnesota, Missouri, North Carolina, Ohio, 
Oregon, Tennessee, Washington and Wisconsin. This action does not 
propose to change the designation for any area.
    We are publishing a direct final rule in the ``Rules'' section of 
this Federal Register because we view this as a noncontroversial action 
and anticipate no adverse comment. We explain our reasons for this 
action in the preamble to the direct final rule. The regulatory text 
for the proposal is identical to that for the direct final rule 
published in ``Rules'' section of this Federal Register.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will publish a 
timely notice in the Federal Register to withdraw the direct final rule 
or portions thereof. The portions that are not withdrawn will become 
effective on the date identified in the direct final rule, 
notwithstanding adverse comment on any other portion. We would address 
all public comments in any subsequent final rule based on this proposed 
rule. We do not intend to provide a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSEES section of this document.

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this proposal will be available on the World Wide Web. Following 
signature by the EPA Administrator, a copy of this action will be 
posted on the EPA's Web site www.epa.gov/ttn/oarpg/new.html.

C. What should I consider as I prepare my comments for EPA?

    Submitting CBI: Do not submit this information to the EPA through 
www.regulations.gov or email. 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 the 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

[[Page 25557]]

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, OAQPS Document Control Officer (C404-02), U.S. EPA, 
Research Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-
2013-0802.
    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 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.
     Provide specific examples to illustrate your concerns and 
suggest alternatives.
     Explain your views as clearly as possible.
     Make sure to submit your comments by the comment period 
deadline identified.

II. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action proposes technical amendments to minor, inadvertent and 
nonsubstantive errors in prior area designations. This type of action 
is exempt from review under Executive Orders 12866 (58 FR 51735, 
October 4, 1993) and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not propose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b). This action proposes to correct 
minor, inadvertent and nonsubstantive errors in prior area designations 
and does not require any party to perform an information collection.

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 as defined by the Small 
Business Administration's 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 today's 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 action 
proposes technical amendments to address several minor, inadvertent and 
nonsubstantive errors in the regulatory text concerning the air quality 
designations for certain areas in prior designation actions and does 
not impose any requirements on small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action contains no federal mandate under the provisions of 
Title II of the UMRA of 1995, 2 U.S.C. 1531-1538 for state, local or 
tribal governments or the private sector. The action does not propose 
an enforceable duty 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 UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. This action 
corrects minor, inadvertent and nonsubstantive errors in prior area 
designations

E. Executive Order 13132: Federalism

    This action 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 action proposes technical 
amendments to minor, inadvertent and nonsubstantive errors in prior 
area designations. Thus, Executive Order 13132 does not apply to this 
action. In spirit of Executive Order 13132, and consistent with the EPA 
policy to promote communications between the EPA and state and local 
governments, the EPA specifically solicits comment on this proposed 
action from state and local officials.

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 action only 
proposes technical amendments to minor, inadvertent and nonsubstantive 
errors in prior area designations. Thus, Executive Order 13175 does not 
apply to this action.
    The 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

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 
1997) as applying only to those regulatory actions that concern health 
or safety risks, such that the analysis required under section 5-501 of 
the Executive Order has the potential to influence the regulation. 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 subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA of 1995, Public Law No. 104-113, section 
12(d) (15 U.S.C. 272 note) directs the EPA to use voluntary consensus 
standards (VCS) in its regulatory activities unless to do so would be 
inconsistent with applicable law or otherwise impracticable. VCS are 
technical standards (e.g., materials specifications, test methods, 
sampling procedures and business practices) that are developed or 
adopted by VCS bodies. The NTTAA directs the EPA to provide Congress,

[[Page 25558]]

through the Office of Management and Budget, explanations when the 
agency decides not to use available and applicable VCS. This action 
does not involve technical standards. Therefore, the EPA did not 
consider the use of any VCS.

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 U.S.
    The 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. This action proposes technical amendments to minor, 
inadvertent, nonsubstantive errors in the designations for certain 
areas.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: April 15, 2014.
Gina McCarthy,
Administrator.
[FR Doc. 2014-09271 Filed 5-2-14; 8:45 am]
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