[Federal Register Volume 61, Number 196 (Tuesday, October 8, 1996)]
[Rules and Regulations]
[Pages 52852-52856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25786]
[[Page 52851]]
_______________________________________________________________________
Part IV
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 50
National Ambient Air Quality Standards for Nitrogen Dioxide: Final Rule
Federal Register / Vol. 61, No. 196 / Tuesday, October 8, 1996 /
Rules and Regulations
[[Page 52852]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 50
[AD-FRL-5632-1]
RIN 2060-AC06
National Ambient Air Quality Standards for Nitrogen Dioxide:
Final Decision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final decision.
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SUMMARY: The level for both the existing primary and secondary national
ambient air quality standards (NAAQS) for nitrogen dioxide (NO2)
is 0.053 parts per million (ppm) (100 micrograms per meter cubed
(g/m\3\)) annual arithmetic average. As required under the
provisions of sections 108 and 109 of the Clean Air Act (Act), the EPA
has conducted a review of the criteria upon which the existing NAAQS
for NO2 are based. On October 2, 1995, the Administrator announced
her proposed decision not to revise either the primary or secondary
NAAQS for NO2 based on this review (60 FR 52874; October 11,
1995). Today's action provides the Administrator's final determination,
after careful evaluation of the comments received on the October 1995
proposal, that revisions to neither the primary nor the secondary NAAQS
for NO2 are appropriate at this time.
ADDRESSES: A docket containing information relating to the EPA's review
of the NAAQS for NO2 (Docket No. A-93-06) is available for public
inspection at the U.S. Environmental Protection Agency, Air and
Radiation Docket and Information Center (Mail Code 6102), Central
Docket Section, South Conference Center, Room M-1500, 401 M Street,
SW., Washington, DC 20460, telephone (202) 260-7548. The docket may be
inspected between 8 a.m. and 5:30 p.m. on weekdays. A reasonable fee
may be charged for copying. The information in the docket constitutes
the complete basis for this final decision. For availability of related
information see the SUPPLEMENTARY INFORMATION section below.
FOR FURTHER INFORMATION CONTACT: Ms. Chebryll C. Edwards, U.S. EPA,
Office of Air Quality Planning and Standards (OAQPS), Air Quality
Strategies and Standards Division (MD-15), Research Triangle Park, NC
27711, telephone (919) 541-5428.
SUPPLEMENTARY INFORMATION: Availability of Related Information. The
revised criteria document, ``Air Quality Criteria for Oxides of
Nitrogen'' (three volumes, EPA-600/8-91/049aF-cF, August 1993: Volume
I, NTIS #PB95124533, $52.00; Volume II, NTIS #PB95124525, $77.00;
Volume III, NTIS #PB95124517, $77.00), and the final revised OAQPS
Staff Paper, ``Review of the National Ambient Air Quality Standards for
Nitrogen Dioxide: Assessment of Scientific and Technical Information,''
(EPA-452/R-95-005, September 1995; NTIS #PB95271573, $27.00) are
available from: U.S. Department of Commerce, National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161, or
call 1-800-553-6847 (a handling charge will be added to each order).
Other documents generated in connection with this standard review, such
as air quality analyses and relevant scientific literature, are
available in Docket No. A-93-06.
Affected entities. Entities potentially affected by this action are
those which emit (or manufacture products which emit) NO2 or other
oxides of nitrogen. Affected categories and entities include:
------------------------------------------------------------------------
Category Examples of affected entities
------------------------------------------------------------------------
Industry............................ Electric utilities, automobile
manufacturers, mining and mineral
processing companies.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. This table lists the types of entities that EPA is now aware
could potentially be affected by this action. Other types of entities
not listed in the table could also be affected. To determine whether
your facility is affected by this action, you should carefully examine
the applicability criteria in title 40 of the Code of Federal
Regulations, part 50. If you have questions regarding the applicability
of this action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
The contents of this action are listed below:
I. Background
A. Legislative Requirements Affecting this Decision
1. The Standards
2. Related Control Requirements
B. Nitrogen Oxides and the Existing Standards for NO2
C. Review of Air Quality Criteria and Standards for Oxides of
Nitrogen
D. Decision Docket
E. Litigation
II. Summary of Public Comments
III. Rationale for Final Decision
A. The Primary Standard
B. The Secondary Standard
1. Key Public Comments Concerning Acidification
2. Key Public Comments Concerning Eutrophication
3. Final Decision on the Secondary Standard
C. Judicial Review
IV. Miscellaneous
A. Executive Order 12866
B. Regulatory Flexibility Analysis
C. Impact on Reporting Requirements
D. Unfunded Mandates Reform Act
References
I. Background
A. Legislative Requirements Affecting This Decision
1. The standards. Two sections of the Act govern the establishment
and revision of NAAQS. Section 108 (42 U.S.C. 7408) directs the
Administrator to identify pollutants which ``may reasonably be
anticipated to endanger public health and welfare'' and to issue air
quality criteria for them. These air quality criteria are to
``accurately reflect the latest scientific knowledge useful in
indicating the kind and extent of all identifiable effects on public
health or welfare which may be expected from the presence of [a]
pollutant in the ambient air * * *.''
Section 109 (42 U.S.C. 7409) directs the Administrator to propose
and promulgate ``primary'' and ``secondary'' NAAQS for pollutants
identified under section 108. Section 109(b)(1) defines a primary
standard as one ``the attainment and maintenance of which, in the
judgment of the Administrator, based on the criteria and allowing an
adequate margin of safety, (is) requisite to protect the public
health.'' For a discussion of the margin of safety requirement, see the
October 11, 1995 proposal notice (60 FR 52875). A secondary standard,
as defined in section 109(b)(2), must ``specify a level of air quality
the attainment and maintenance of which, in the judgment of the
Administrator, based on (the) criteria, is requisite to protect the
public welfare from any known or anticipated adverse effects associated
with the presence of (the) pollutant in the ambient air.'' Welfare
effects, as defined in section 302(h) (42 U.S.C. 7602(h)), include, but
are not limited to, ``effects on soil, water, crops, vegetation,
manmade materials, animals, wildlife, weather, visibility and climate,
damage to and deterioration of property, and hazards to transportation,
as well as effects on economic values and on personal comfort and well-
being.''
Section 109(d)(1) of the Act requires periodic review and, if
appropriate, revision of existing criteria and standards. The process
by which EPA has reviewed the existing air quality
[[Page 52853]]
criteria and standards for NO2 is described later in this notice.
2. Related control requirements. States are primarily responsible
for ensuring attainment and maintenance of ambient air quality
standards. The October 11, 1995 proposal notice (60 FR 52876) provides
a detailed discussion of the requirements States must fulfill to ensure
adequate implementation of control programs directed toward air
emission sources.
B. Nitrogen Oxides and the Existing Standards for NO2
Nitrogen dioxide is a brownish, highly reactive gas which is formed
in the ambient air through the oxidation of nitric oxide (NO). Nitrogen
oxides (NOX), the term used to describe the sum of NO, NO2
and other oxides of nitrogen, play a major role in the formation of
ozone in the atmosphere through a complex series of reactions with
volatile organic compounds. A variety of NOX compounds and their
transformation products occur both naturally and as a result of human
activities. Anthropogenic sources of NOX emissions account for a
large majority of all nitrogen inputs to the environment. The major
sources of anthropogenic NOX emissions are mobile sources and
electric utilities. Ammonia and other nitrogen compounds produced
naturally are important in the cycling of nitrogen through the
ecosystem.
The origins, concentrations, and effects of NO2 are discussed
in detail in the ``Review of National Ambient Air Quality Standards for
Nitrogen Dioxide: Assessment of Scientific and Technical Information,''
(Staff Paper or SP) (U.S. EPA, 1995a) and in the revised document,
``Air Quality Criteria for Oxides of Nitrogen,'' (Criteria Document or
CD) (U.S. EPA, 1993). At elevated concentrations, NO2 can
adversely affect human health, vegetation, materials, and visibility.
Nitrogen oxide compounds also contribute to increased rates of acidic
deposition. Typical peak annual average ambient concentrations of
NO2 have historically ranged from 0.007 to 0.061 ppm (U.S. EPA,
1993). The highest hourly NO2 average concentrations range from
0.04 to 0.54 ppm (U.S. EPA, 1993). Currently, all areas of the U.S.,
including Los Angeles (which is the only area to record violations in
the last decade), are in attainment of the annual NO2 NAAQS of
0.053 ppm.
On April 30, 1971, EPA promulgated identical primary and secondary
NAAQS for NO2, under section 109 of the Act, at 0.053 ppm annual
average (36 FR 8186). The criteria upon which these initial standards
were based were updated in the revised 1982 document, ``Air Quality
Criteria for Oxides of Nitrogen'' (U.S. EPA, 1982). On February 23,
1984, the EPA proposed to retain both the annual primary and secondary
standards at 0.053 ppm annual average (49 FR 6866). After taking into
account public comments, the final decision to retain the NAAQS for
NO2 was published by EPA in the Federal Register on June 19, 1985
(50 FR 25532). For a more detailed discussion of the regulatory history
and the bases for the existing NAAQS for NO2, see the October 11,
1995 proposal notice (60 FR 52876).
C. Review of Air Quality Criteria and Standards for Oxides of Nitrogen
On July 22, 1987, in response to requirements of section 109(d) of
the Act, the EPA announced that it was undertaking plans to revise the
1982 CD (52 FR 27580). In November 1991, the EPA released the revised
CD for public review and comment (56 FR 59285).
The revised CD provides a comprehensive assessment of the available
scientific and technical information on health and welfare effects
associated with NO2 and NOX. The Clean Air Scientific
Advisory Committee (CASAC) reviewed the CD at a meeting held on July 1,
1993 and concluded in a closure letter to the Administrator that the CD
``* * * provides a scientifically balanced and defensible summary of
current knowledge of the effects of this pollutant and provides an
adequate basis for EPA to make a decision as to the appropriate NAAQS
for NO2'' (Wolff, 1993). In the summer of 1995, OAQPS finalized
the document entitled, ``Review of the National Ambient Air Quality
Standards for Nitrogen Dioxide: Assessment of Scientific and Technical
Information,'' (U.S. EPA, 1995a). This Staff Paper summarizes and
integrates the key studies and scientific evidence contained in the
revised CD and identifies the critical elements to be considered in the
review of the NO2 NAAQS.
The Staff Paper received external review at a December 12, 1994
CASAC meeting. The CASAC comments and recommendations were reviewed by
EPA staff and incorporated into the final draft of the Staff Paper as
appropriate. The CASAC reviewed the final draft of the Staff Paper in
June 1995 and responded by written closure letter (Wolff, 1995).
D. Decision Docket
In 1993, the EPA established a docket (Docket No. A-93-06) for this
standard review. This docket incorporates by reference a separate
docket established for the CD revision (Docket No. ECAO-CD-86-082).
E. Litigation
On July 21, 1993, the Oregon Natural Resources Council and Jan
Nelson filed suit under section 304 of the Act to compel the EPA to
complete its periodic review of the criteria and standards for NO2
under section 109(d)(1) of the Act (Oregon Natural Resources Council v.
Carol M. Browner, No. 91-6529-HO (D.Or.)). The U.S. District Court for
the District of Oregon entered an order on February 8, 1995 requiring
the EPA Administrator to sign a notice to be published in the Federal
Register announcing the final decision whether or not to modify the
NO2 NAAQS by October 1, 1996.
II. Summary of Public Comments
The EPA received eight written responses to its proposed decision
which was published October 11, 1995 (60 FR 52874). Of the eight
submissions, five were provided by individual industrial companies or
industrial associations, two were submitted by a State government and
an independent agency of that State, and the last by an incorporated
association of citizens concerned about environmental issues. Below is
a general summary of the public comments. A more detailed summary,
along with EPA's responses to each comment, can be found in Docket No.
A-93-06, Category IV-D.
Of the five commenters who chose to address the primary (health-
based) standard, all concurred with the Administrator's proposed
determination that revisions to the existing annual primary standard
for NO2 are not appropriate.
These same commenters also agreed with the Administrator's proposed
decision that revisions to the existing annual secondary (welfare-
based) standard are not appropriate. The other three commenters
expressed concern about EPA's proposed decision not to revise the
secondary standard to protect sensitive aquatic resources.
Specifically, the State commenters were concerned about nitrogen
deposition and its contribution to the acidification of their State's
freshwater bodies, particularly Adirondack lakes. The citizen's group
is concerned about nitrogen deposition and its contribution to the
eutrophication effects being observed in Chesapeake Bay.
[[Page 52854]]
III. Rationale for Final Decision
A. The Primary Standard
The rationale for retaining the existing primary NAAQS for NO2
was presented in some detail in the 1995 proposal notice (60 FR 52874;
October 11, 1995) and remains unchanged. At that time, EPA concluded
that the existing annual primary standard appears to be both adequate
and necessary to protect human health against both long- and short-term
NO2 exposures. The EPA also concluded that retaining the existing
annual standard is consistent with the scientific data assessed in the
Criteria Document (U.S. EPA, 1993) and Staff Paper (U.S. EPA, 1995a)
and with the advice and recommendations of CASAC. After taking into
account the public comments, all of which supported the proposed
decision on the primary standard, the Administrator again concludes
that revisions to the existing annual primary NAAQS for NO2 are
not appropriate at this time.
B. The Secondary Standard
As discussed in detail in the October 11, 1995 proposal notice (60
FR 52880), NO2 and other nitrogen compounds have been associated
with a wide range of effects on public welfare. These effects include
the acidification and eutrophication of aquatic systems, potential
changes in the composition and competition of some species of
vegetation in wetland and terrestrial systems, and visibility
impairment.
Commenters were generally supportive of, or were silent with
respect to, EPA's conclusions regarding the following: (1) The direct
effects of NOX on vegetation and materials, (2) the direct toxic
effects of ammonia deposition to aquatic systems, (3) the effects of
nitrogen deposition on terrestrial and wetland systems and soil
acidification, and (4) the appropriateness of the secondary standard to
protect against visibility impairment. Hence, for the reasons discussed
in the October 1995 proposal (60 FR 52880), the Administrator again
concludes that it is not appropriate to make any revisions to the
existing annual secondary standard for NO2 with respect to such
effects nor is it appropriate to establish a separate secondary
NO2 standard to protect visibility.
The principal issues raised, with respect to the Administrator's
proposed decision not to revise the annual secondary standard for
NO2 at this time, were concerning the effects of nitrogen
deposition on the acidification of freshwater bodies (particularly
Adirondack lakes) and the eutrophication of Chesapeake Bay. The two
State commenters and one concerned citizen's group argued that the
proposed decision did not comply with section 109(b)(2) of the Act
because the existing annual secondary standard for NO2 does not
protect aquatic systems from the adverse effects of NOX in the
ambient air. All other commenters agreed with the Administrator's
conclusion that there is not yet enough consistent scientific
information to support a revision of the current secondary standard to
protect these aquatic systems.
The October 1995 proposal notice (60 FR 52882) discussed the basic
scientific evidence available regarding the effects of NOX on
aquatic systems through the processes of eutrophication and
acidification. No commenter challenged EPA's interpretation of the
available science. Therefore, it is left to the Administrator's
judgment as to whether the available evidence provides an adequate
basis to set a secondary NAAQS to protect sensitive aquatic resources
from the effects associated with nitrogen deposition. The discussions
in the next two subsections focus on the key concerns of the commenters
and provide some indication of the Administrator's conclusions on
particular issues.
1. Key public comments concerning acidification. Two commenters
were particularly concerned about the acidification of Adirondack
lakes. These commenters pointed out that, in the October 1995 proposal
notice, the Administrator did not conclude that ``the existing standard
is sufficient to protect aquatic resources from the effects of nitrogen
dioxide.'' Therefore, the commenters indicated that the Administrator
must take some action to protect such resources. Because of the
scientific complexity of nitrogen deposition issues and because the
available scientific data assessed in the revised CD (U.S. EPA, 1993)
do not provide adequate quantitative evidence on the relationship
between deposition rates and environmental impacts, it is difficult for
the Administrator to conclude, with any degree of certainty, that the
existing secondary NAAQS for NO2 is not adequate to protect
sensitive aquatic systems. The Administrator does agree that the
available evidence indicates that nitrogen deposition plays some role
in surface water acidification. However, as noted in the proposal
notice (60 FR 52882), there are significant uncertainties with regard
to the long-term role of nitrogen deposition in surface water acidity
and with regard to the quantification of the magnitude and timing of
the relationship between atmospheric deposition and the appearance of
nitrogen in surface water. Thus, it is difficult to determine what
levels of airborne reductions would be necessary to remedy the
situation. Therefore, the Administrator concludes that until such
evidence is available and incorporated into the air quality criteria
for this pollutant, a revision to the secondary standard is not
appropriate. All other commenters agreed with this conclusion.
One of the commenters also pointed out that ``unless an acid
deposition standard is promulgated, or other regulatory means are
adopted that protect the valuable lakes and waters of [the State] and
the other northeastern states from the destructive effects of acid
rain, EPA must revise the secondary NAAQS for nitrogen dioxide . . ..''
The complexity of the scientific issues involved led the CASAC to
conclude that available scientific information assessed in the CD and
SP did not provide an adequate basis for standard setting purposes at
this time (Wolff, 1995). Furthermore, in its review of the ``Acid
Deposition Standard Feasibility Study: Report to Congress'' (U.S. EPA,
1995b), the Acid Deposition Effects Subcommittee of the Ecological
Processes and Effects Committee of the EPA's Science Advisory Board
concluded that there was not an adequate scientific basis for
establishing an acidic deposition standard. The commenter did not
provide additional quantitative evidence for the Administrator to
consider. Therefore, the Administrator again concludes that the current
scientific uncertainties associated with determining the level(s) of an
acid deposition standard(s) are significant and current scientific
information does not provide an adequate basis for establishing a
standard to protect sensitive ecosystems from the effects of
acidification.
The commenter recognized EPA's concern that revision of the
secondary NAAQS may not be the best mechanism for addressing the
effects of acid rain and supported regionally-targeted regulatory
efforts. The Agency has initiated efforts to assess appropriate
regionally-targeted environmental goals for sensitive systems. For
instance, the ``Acid Deposition Standard Feasibility Study: Report to
Congress'' (U.S. EPA, 1995b) sets forth a range of regionally-specific
goals which were designed to help guide the policy maker when assessing
NOX control strategies and their potential for reducing nitrogen
deposition effects. The Agency will continue, as appropriate, to assess
the feasibility of developing other regionally-targeted tools and
policy
[[Page 52855]]
initiatives as additional scientific information emerges from ongoing
research.
2. Key public comments concerning eutrophication. The definition of
eutrophication and a detailed summary of the potential effects
associated with this process can be found in the October 11, 1995
proposal notice (60 FR 52833).
One concerned citizen's group has petitioned EPA to revise the
secondary standard for NO2, or to take such other measures as
required by the Act, to control NOX emissions to the Chesapeake
Bay and other coastal waters. However, without better quantitative
data, it is difficult to set a national standard which will adequately
protect sensitive ecosystems, such as the Chesapeake Bay, from the
effects of eutrophication. The commenter did not provide additional
quantitative data for the Administrator's review.
Even with limited quantitative information, the Administrator
acknowledges the importance of reducing the atmospheric nitrogen loads
into the Chesapeake Bay. The EPA has already initiated a number of
activities which may have an impact on lessening the effects of
atmospheric NOX deposition on nitrogen levels in the Bay. These
measures include the following: (1) Developing a coordinated,
multimedia approach for managing nutrient loads to coastal waters; (2)
incorporating priorities into EPA's strategic plan to address acid
deposition within the Mid-Atlantic region through reduction of nitrogen
emissions; and (3) setting numerical goals for the reduction of
NOX emissions (at the regional level) in compliance with programs
mandated under titles I and IV of the Act. In addition, an internal EPA
work group has recently been formed to develop a strategy for
identifying research needs relevant to nitrogen deposition.
Given the complexities associated with estimating the contribution
of nitrogen deposition to the eutrophication of estuarine and coastal
waters and the limited data currently available, the Administrator
again concludes that there is not sufficient quantitative information
to establish a national secondary standard to protect sensitive
ecosystems from the eutrophication effects caused by nitrogen
deposition. The Administrator also concludes that regional control
strategies which consider all of the factors contributing to
eutrophication are more likely to be effective in mitigating this
problem than a national standard which addresses only atmospheric
deposition of nitrogen compounds. Additional site-specific
investigations (such as the Chesapeake Bay Study; see 60 FR 52883 for
details) are needed to ascertain the most effective mitigation
strategies. Other commenters agreed with the Administrator's conclusion
that a revision to the secondary NAAQS based on concerns over
eutrophication is not warranted at this time.
3. Final decision on the secondary standard. For the reasons
discussed in the October 11, 1995 proposal notice (60 FR 52874) and
after taking into account the public comments as discussed above, the
Administrator again concludes, in her judgment, that the available
scientific and technical evidence assessed in the Criteria Document
(U.S. EPA, 1993) and Staff Paper (U.S. EPA, 1995a) does not provide an
adequate basis for setting a separate secondary standard for NO2
to address the effects associated with nitrogen deposition on
acidification of freshwater bodies and eutrophication of estuaries and
coastal waters. Given the multiple causes and regional character of
these problems, the Administrator also concludes that adoption of a
nationally-uniform secondary standard would not be an effective
approach to addressing them. Therefore, the Administrator has
determined, pursuant to section 109(d)(1) of the Act, as amended, that
it is not appropriate to revise the current secondary standard for
NO2 to protect against welfare effects at this time.
As provided for under the Act, the EPA will continue to assess the
scientific information on nitrogen-related effects as it emerges from
ongoing research and will update the air quality criteria accordingly.
These revised criteria should provide a more informed basis for
reaching a decision on whether a revised NAAQS or other regulatory
measures are needed in the future.
In the interim, the EPA and the States are in the process of
achieving significant reductions in NOX emissions from both mobile
and stationary sources in response to the Act's 1990 Amendments (Pub.
L. 101-549, 104 Stat. 2399 (1990)) and local or regional initiatives.
These actions include NOX emission reductions from the following:
(1) Stationary sources to meet the ozone NAAQS under title I of the
Act, (2) mobile sources through the Federal Motor Vehicle Control
Program under title II of the Act, and (3) electric utilities under
title IV. In addition, regional initiatives, such as the Ozone
Transport Assessment Group (which covers a 37-state area) and the
Chesapeake Bay Program, are considering the need for additional
NOX reductions beyond those that are mandated by law. The EPA
believes it is important to continue to recognize the benefits to the
environment that can be achieved by further reducing NOX
emissions. The NOX emissions reductions achieved through these
actions will provide additional protection against the environmental
impacts associated with the ozone NAAQS, visibility, eutrophication,
and acid deposition and will assure areas attain and maintain the
NO2 NAAQS.
C. Judicial Review
The EPA has decided (pursuant to the Act, section 109(d)(1)) that
no revision of the current primary or secondary NAAQS for NO2 is
appropriate. This decision is a final Agency action based on a
determination of nationwide scope and effect. This decision is
therefore subject to judicial review under the Act, section 307(b),
exclusively in the United States Court of Appeals for the District of
Columbia Circuit. Any petition for judicial review of this final Agency
action must be filed in that court within 60 days after October 8,
1996.
IV. Miscellaneous
A. Executive Order 12866
Under Executive Order 12866, the Agency must determine whether a
regulatory action is ``significant'' and, therefore, subject to Office
of Management and Budget (OMB) review and the requirements of the
Executive Order. The order defines ``significant regulatory action'' as
one that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another Agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations or recipients
thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Although EPA is not making any modification to the existing
NO2 NAAQS, OMB has advised EPA that this action should be
construed as a ``significant regulatory action'' within the meaning of
the Executive Order. Accordingly, this action was submitted to OMB for
review. Any suggestions or recommendations received from OMB have been
incorporated into the public record.
[[Page 52856]]
B. Regulatory Flexibility Analysis
The Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.) requires
Federal agencies to consider the impacts of certain proposed and final
regulations on small entities, which are defined as small businesses,
small organizations, and small governmental jurisdictions. These
requirements do not apply to any final administrative action which does
not involve rulemaking. The EPA does not interpret sections 109 and 307
of the Act to require use of rulemaking procedures in those instances
where the Agency decides not to initiate revision of existing NAAQS
after completing its periodic review. The EPA has determined that the
impact assessment requirements of the RFA are not applicable to this
final administrative action.
C. Impact on Reporting Requirements
There are no reporting requirements directly associated with an
ambient air quality standard promulgated under section 109 of the Act
(42 U.S.C. 7400). There are, however, reporting requirements associated
with related sections of the Act, particularly sections 107, 110, 160,
and 317 (42 U.S.C. 7407, 7410, 7460, and 7617). This final action will
not result in any changes in these reporting requirements since it
would retain the existing level and averaging times for both the
primary and secondary standards.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.
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 sections 202, 203, and 205,
respectively, of the UMRA, EPA generally must: (1) 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 1 year; (2) develop a
small government agency plan; and (3) 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.
Because the Administrator has decided not to revise the existing
national primary and secondary standards for NO2, this action will
not impose any new expenditures on governments or on the private
sector, or establish any new regulatory requirements affecting small
governments. Accordingly, EPA has determined that the provisions of
sections 202, 203, and 205 of the URMA do not apply to this final
decision.
List of Subjects in 40 CFR Part 50
Environmental protection, Air pollution control, Carbon monoxide,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides.
Dated: October 1, 1996.
Carol M. Browner,
Administrator.
References
(1) ``Oregon Natural Resource Council vs. Carol M. Browner,''
No. 91-6529-HO (D. Or.) (1993).
(2) U.S. Environmental Protection Agency. (1982) Air Quality
Criteria for Oxides of Nitrogen. Research Triangle Park, NC: Office
of Health and Environmental Assessment, Environmental Criteria and
Assessment Office; EPA report no. EPA-600/8-82-026. Available from:
NTIS, Springfield, VA; PB83-131011.
(3) U.S. Environmental Protection Agency. (1993) Air Quality
Criteria for Oxides of Nitrogen. Research Triangle Park, NC: Office
of Health and Environmental Assessment, Environmental Criteria and
Assessment Office; EPA report no. EPA-600/8-91-049aF-cF, August
1993. Available from: NTIS, Springfield, VA.
(4) U.S. Environmental Protection Agency. (1995a) Review of the
National Ambient Air Quality Standards for Nitrogen Oxides:
Assessment of Scientific and Technical Information. OAQPS Staff
Paper. Office of Air Quality Planning and Standards; EPA report no.
EPA-452/R-95-005, September 1995.
(5) U.S. Environmental Protection Agency. (1995b) A SAB Report:
Review of the Acid Deposition Standard Feasibility Study Report to
Congress. Prepared by the Acid Deposition Effects Subcommittee of
the Ecological Processes and Effects Committee; EPA report no. EPA-
SAB-EPEC-95-019, September 1995.
(6) Wolff, G. T. (1993) CASAC closure letter for the 1993
Criteria Document for Oxides of Nitrogen addressed to U.S. EPA
Administrator Carol M. Browner dated September 30, 1993.
(7) Wolff, G. T. (1995) CASAC closure letter for the 1995 OAQPS
Staff Paper addressed to U.S. EPA Administrator Carol M. Browner
dated August 22, 1995.
[FR Doc. 96-25786 Filed 10-7-96; 8:45 am]
BILLING CODE 6560-50-P
