Assessing the Effect of Five Gasoline Properties on Exhaust Emissions from Light-Duty Vehicles certified to Tier-2 Standards

                       Analysis of Data from EPA Phase 3

                                (EPAct/V2/E-89)

                                 Appendix J.5
                              Final Model Fitting
                        Particulate Matter (PM) (Bag 2)

No. Observations:			   906
No. Vehicles:		  		     15
No. censored measurements:		     47
No. missing measurements:		       2
No. measurements removed:		       1
Model Type:				Tobit regression

J.5.1  Model Fitting based on the 11-term design model.

     Models fit for PM (Bag 2): (Grand Intercept not fit by Tobit models).
Model Term
                                   Notation
                                     Model

                                     Full
                                    FM3[1]
                                      FM4
                                      FM5
                                      FM6
                                      FM7
                                      FM8
                                     etOH
Ze
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                     Arom
Za
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      RVP
Zr
                                      ●
                                      ●
                                      ●
                                      x

                                      T50
Z5
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      x

                                      T90
Z9
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                 etOH x etOH
ZZee
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      x
                                  T50 x T50
ZZ55
                                      ●
                                      x

                                 etOH x Arom
ZZea
                                      ●
                                      x

                                  etOH x RVP
ZZer
                                      ●
                                      ●
                                      x

                                  etOH x T50
ZZe5
                                      ●
                                      ●
                                      ●
                                      ●

                                  etOH x T90
ZZe9
                                      ●
                                      x

  PM (Bag 2): Model fitting history, starting with the 11-term design model.
                                Fit Parameters

                             Test with respect to
                                Previous Model
Model
                                                                         p-1[1]
                                     -2lnL

                                                                           Dev.
                                                                              d
                                                                    Pr>χ[2]
Full Model
                                                                             11
                                                                       2954.321

FM3
                                                                              8
                                                                       2954.834

0.513
                                                                              3
0.916
FM4
                                                                              7
                                                                       2955.471

0.637
                                                                              1
0.425
FM5
                                                                              6
                                                                       2957.466

1.995
                                                                              1
0.158
FM6
                                                                              5
                                                                       2959.590

2.124
                                                                              1
0.145
FM7
                                                                              4
                                                                       2959.643

0.053
                                                                              1
0.818
FM8
                                                                              3
                                                                       2961.414

1.771
                                                                              1
0.183

[1] Total number of terms excludes the intercept, as the Tobit
models do not fit intercepts.
[2] Best fit with respect to the 17-term extended model.

PM (Bag 2): Coefficients and Tests of Effect for the Full and Reduced Models, with respect to the 11-term design model.

J.5.2 Model Fitting based on the 17-term extended model.

     Models fit for PM (Bag 2): (Grand Intercept not fit by Tobit models).
Model Term
                                   Notation
                                     Model

                                     Full
                                    FM4[1]
                                      FM5
                                      FM6
                                      FM7
                                      FM8
                                      FM9
                                     FM10
                                     FM11
                                     FM12
                                     etOH
Ze
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                     Arom
Za
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      RVP
Zr
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      x

                                      T50
Z5
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      T90
Z9
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                 etOH x etOH
ZZee
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      x
                                  T50 x T50
ZZ55
                                      ●
                                      x

                                 etOH x Arom
ZZea
                                      ●
                                      x

                                  etOH x RVP
ZZer
                                      ●
                                      x

                                  etOH x T50
ZZe5
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      x

                                  etOH x T90
ZZe9
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      x

                                  T90 x T90
ZZ99
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      x

                                  Arom x RVP
ZZar
                                      ●
                                      ●
                                      ●
                                      x

                                  Arom x T50
ZZa5
                                      ●
                                      ●
                                      ●
                                      ●
                                      x

                                  Arom x T90
ZZa9
                                      ●
                                      ●
                                      x

                                  T50 x T90
ZZ59
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                  RVP x T90
ZZr9
                                      ●
                                      x

[1] Indicates "Full minus 3," etc.

 PM (Bag 2): Model fitting history, starting with the 17-term extended model.
                                Fit Parameters

                             Test with respect to
                                Previous Model
Model
                                                                         p-1[1]
                                     -2lnL

                                                                           Dev.
                                                                              d
                                                                    Pr>χ[2]
Full Model
                                                                             17
                                   2937.842

FM4
                                                                             13
                                   2938.618

0.776
4
0.9416
FM5
                                                                             12
                                   2939.112

0.494
1
0.4821
FM6
                                                                             11
                                   2941.062

1.950
1
0.1626
FM7
                                                                             10
                                   2943.444

2.382
1
0.1227
FM8
                                                                              9
                                   2945.255

1.811
1
0.1784
FM9
                                                                              8
                                   2947.232

1.977
1
0.1597
FM10
                                                                              7
                                   2949.896

2.664
1
0.1026
FM11
                                                                              6
                                   2952.334

2.438
1
0.1184
FM12[2]
                                                                              5
                                   2954.483

2.149
1
0.1427

                                                                              7

[1] Total number of terms excludes the intercept, as the Tobit
Models do not fit intercepts.
[2] Best fit with respect to the 17-term extended model.

PM (Bag 2): Coefficients and Tests of Effect for the Full and Reduced Models, with respect to the 17-term extended model.


[Federal Register: April 5, 2006 (Volume 71, Number 65)]
[Rules and Regulations]
[Page 17003-17009]
[DOCID:fr05ap06-15]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 93

[EPA-HQ-OAR-2004-0491; FRL-8055-3]
RIN 2060-AN60

PM2.5 De Minimis Emission Levels for General
Conformity Applicability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; amendments.

-----------------------------------------------------------------------

SUMMARY: The EPA is taking direct final action to amend its regulations
relating to the Clean Air Act (CAA) requirement that Federal actions
conform to the appropriate State, Tribal or Federal implementation plan
for attaining clean air (``general conformity'') to add de minimis
emissions levels for particulate matter with an aerodynamic diameter
equal or less than 2.5 microns (PM2.5) National Ambient Air
Quality Standards (NAAQS) and its precursors.

DATES: The direct final rule amendments are effective on June 5, 2006
without further notice, unless EPA receives adverse comment by May 5,
2006. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take place.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2004-0491. All documents in the docket are listed on the
http://www.regulations.gov Web site. 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, 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 Air Docket, EPA/DC, EPA

West, Room B102, 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<PHONE_NUMBER>, and the telephone number for the Air
Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Coda, Office of Air Quality
Planning and Standards, U.S. Environmental Protection Agency, Mail Code
C539-02, Research Triangle Park, NC 27711, phone number<PHONE_NUMBER>
or by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    Today's action applies to all Federal agencies and Federal
activities.

II. Background

A. What Is General Conformity and How Does It Affect Air Quality?

    The intent of the General Conformity requirement is to prevent the
air quality impacts of Federal actions from causing or contributing to
a violation of the NAAQS or interfering with the purpose of a State
implementation plan (SIP). For the purpose of this rule, the term
``State implementation plan (SIP)'' refers to all approved applicable
and enforceable State, Federal and Tribal implementation plans (TIPs).
    In the CAA, Congress recognized that actions taken by Federal
agencies could affect States, Tribes, and local agencies' abilities to
attain and maintain the NAAQS. Section 176(c) (42 U.S.C. 7506) of the
CAA requires Federal agencies to

ensure that their actions conform to the applicable SIP for attaining
and maintaining the NAAQS. The CAA Amendments of 1990 clarified and
strengthened the provisions in section 176(c). Because certain
provisions of section 176(c) apply only to highway and mass transit
funding and approvals actions, EPA published two sets of regulations to
implement section 176(c). The Transportation Conformity Regulations,
first published on November 24, 1993 (58 FR 62188) and recently revised
on July 1, 2004 (69 FR 40004) and May 6, 2005 (70 FR 24280), address
Federal actions related to highway and mass transit funding and
approval actions. The General Conformity Regulations, published on
November 30, 1993 (58 FR 63214) and codified at 40 CFR 93.150, cover
all other Federal actions. This action applies only to the General
Conformity Regulations.
    When the applicability analysis shows that the action must undergo
a conformity determination, Federal agencies must first show that the
action will meet all SIP control requirements such as reasonably
available control measures, and the emissions from the action will not
interfere with the timely attainment of the standard, the maintenance
of the standard or the area's ability to achieve an interim emission
reduction milestone. Federal agencies then must demonstrate conformity
by meeting one or more of the methods specified in the regulation for
determining conformity:
    1. Demonstrating that the total direct \1\ and indirect \2\
emissions are specifically identified and accounted for in the
applicable SIP;
---------------------------------------------------------------------------

    \1\ Direct emissions are emissions of a criteria pollutant or
its precursors that are caused or initiated by the Federal action
and occur at the same time and place as the action.
    \2\ Indirect emissions are emissions of a criteria pollutant or
its precursors that: (1) Are caused by the Federal action, but may
occur later in time and/or may be further removed in distance from
the action itself but are still reasonably foreseeable; and (2) the
Federal agency can practically control or will maintain control over
due to the controlling program responsibility of the Federal action.
---------------------------------------------------------------------------

    2. Obtaining written statement from the State or local agency
responsible for the SIP documenting that the total direct and indirect
emissions from the action along with all other emissions in the area
will not exceed the SIP emission budget;
    3. Obtaining a written commitment from the State to revise the SIP
to include the emissions from the action;
    4. Obtaining a statement from the metropolitan planning
organization (MPO) for the area documenting that any on-road motor
vehicle emissions are included in the current regional emission
analysis for the area's transportation plan or transportation
improvement program;
    5. Fully offset the total direct and indirect emissions by reducing
emissions of the same pollutant or precursor in the same nonattainment
or maintenance area; or
    6. Where appropriate, in accordance with 40 CFR 51.858(4), conduct
air quality modeling that can demonstrate that the emissions will not
cause or contribute to new violations of the standards, or increase the
frequency or severity of any existing violations of the standards.

B. Applicability Analysis for General Conformity

    The National Highway System Designation Act of 1995, (Pub. L. 104-
59) added section 176(c)(5) to the CAA to limit applicability of the
conformity programs to areas designated as nonattainment under section
107 of the CAA and areas that had been redesignated as maintenance
areas with a maintenance plan under section 175A of the CAA only.
Therefore, only Federal actions taken in designated nonattainment and
maintenance areas are subject to the General Conformity regulation. In
addition, the General Conformity Regulations (58 FR 63214) recognize
that the vast majority of Federal actions do not result in a
significant increase in emissions and, therefore, include a number of
regulatory exemptions, such as de minimis emission levels based on the
type and severity of the nonattainment problem in an area.
    In carrying out this type of applicability analysis, the Federal
agency determines whether the total direct and indirect emissions from
the action are below or above the de minimis levels. If the action is
determined to have total direct and indirect emissions for a given
pollutant that are at or above the de minimis level for that pollutant,
Federal agencies must conduct a conformity determination for the
pollutant unless the action is presumed to conform under the regulation
or the action is otherwise exempt. If the action's emissions are below
an applicable de minimis level, a Federal agency does not have to
conduct a conformity determination.

C. Why is EPA Establishing De Minimis Levels for PM2.5
Emissions at This Time?

    The EPA has not revised the General Conformity Regulations since
they were promulgated in 1993, although EPA expects to promulgate, in a
separate rulemaking, proposed revisions to the General Conformity
Regulations in the near future. For the purposes of general conformity,
the General Conformity Regulations (58 FR 63214) define NAAQS as
``those standards established pursuant to section 109 of the Act and
include standards for carbon monoxide (CO), Lead (Pb), nitrogen dioxide
(NO2), ozone, particulate matter (PM-10) and sulfur dioxide
(SO2).'' Since 1993, EPA has reviewed and revised the NAAQS
for particulate matter to include a new PM2.5 standard
(PM2.5 is particulate matter with an aerodynamic diameter of
up to 2.5 [mu]m, referred to as the fine particle fraction). Since
PM2.5 was established pursuant to section 109 of the CAA,
general conformity requirements are applicable to areas designated
nonattainment for this standard although it is not explicitly included
in the examples of criteria pollutants in 58 FR 63214.
    In July 1997, EPA promulgated two new NAAQS (62 FR 38652), one for
an 8-hour ozone standard and one established pursuant to section 109 of
the CAA for fine particulate matter known as PM2.5. The new
8-hour and old 1-hour ozone NAAQS address the same pollutant but differ
with respect to the averaging time, therefore, EPA retained the
existing de minimis emission levels for ozone precursors.
    The EPA designated areas as nonattainment for PM2.5 on
April 5, 2005. Subsequently, EPA has proposed regulations to implement
the new particulate matter standard (70 FR 65984; November 1, 2005).
Currently, there are no de minimis emission levels for
PM2.5. Although PM2.5 is a subset of
PM10, it differs from the rest of PM10. While the
majority of ambient PM10 results from direct emissions of
the pollutant, a significant amount of the ambient PM2.5 can
result not only from direct emissions but also from transformation of
precursors and condensing of gaseous pollutants in the atmosphere. In
the preamble to the proposed regulation to implement the new
particulate matter standard, EPA discussed that the key pollutants
potentially contributing to PM2.5 concentrations in the
atmosphere are direct PM2.5 emissions, SO2,
NOX, VOC and ammonia (70 FR 65998). The discussion also
included EPA's intent to issue a separate rulemaking to establish de
minimis levels for Federal actions covered by the General Conformity
program (70 FR 66033). At that time, EPA said it expected the levels
would be identical to the nonattainment area major source levels for
the New Source Review (NSR) program.
    Section 176(c)(6) states that the general conformity requirements
of

section 176(c) do not apply to an area newly designated nonattainment
for a new NAAQS until 1 year after such designation. The EPA made
PM2.5 designations on April 5, 2005; thus, the applicable
general conformity requirements will not be effective in these areas
until April 5, 2006. Many Federal actions result in little or no direct
or indirect emissions, and EPA believes that non-exempt Federal actions
that have covered emissions below the equivalent major source
thresholds should not be required to prepare an applicability analysis
under the general conformity rule. The general conformity rule should
only apply to major sources, not de minimis sources. A different
interpretation could result in an extremely wasteful process that
generates vast numbers of useless applicability analyses with no
environmental benefit.

D. How Does EPA Determine the De Minimis Threshold?

    The EPA has previously considered options and taken comment on how
to set de minimis levels to determine applicability of general
conformity requirements. The following is a summary of the options
previously considered and the methodology used in setting de minimis
levels. In this direct final rule, the EPA is using the same
methodology to set PM2.5 de minimis levels that the Agency
previously used for other NAAQS pollutants.
    In the preamble to the proposal for General Conformity Regulations
(58 FR 13841), EPA recognized that the very broad definition of Federal
action in the statute and the number of Federal agencies subject to the
conformity requirements could create a requirement for individual
conformity decisions in the thousands per day. To avoid creating an
unreasonable administrative burden, EPA considered options for
mechanisms to focus the efforts of affected agencies on key actions
with significant environmental impact, rather than all actions. Prior
to that proposal, EPA consulted with numerous Federal agencies,
environmental groups, State and local air quality agencies, building
industry representatives, and others. Following consultation, EPA
initially proposed a de minimis level similar to that specified by EPA
for modifications to major stationary sources under the CAA
preconstruction review programs. Consequently, the de minimis levels
proposed for general conformity were chosen to correspond to the
emission rates defined in 40 CFR 51.165 (NSR) and 51.166 (prevention of
significant deterioration) as ``significant.'' Activities with
emissions impacts below the proposed de minimis levels would not
require conformity determinations.
    After EPA received comments on this proposal, we responded in the
preamble to the final General Conformity Regulations (58 FR 63228) and
stated: ``Given the need to choose a threshold based on air quality
criteria and one that avoids coverage of less significant projects, and
in response to certain comments, the de minimis levels for conformity
analyses in the final rule are based on the Act's major stationary
source definitions--not the significance levels as proposed--for the
various pollutants. Use of the de minimis levels assures that the
conformity rule covers only major Federal actions. Under the major
source definition, for example, the levels for ozone would range from
10 tons/year (VOC and NOX) for an extreme ozone
nonattainment area to 100 tons/year for marginal and moderate areas,
not from 10 tons/year to 40 tons/year as proposed. The de minimis
levels proposed were generally those used to define when modifications
to existing stationary sources require preconstruction review. It was
pointed out to EPA in comments on the proposal that these thresholds
would result in the need to perform a conformity analysis and
determination for projects that constituted a `modification' to an
existing source but not a `major' source in some cases. The EPA agrees
that conformity applies more appropriately to `major' source and after
careful consideration has decided to revise its original proposal in
the final rule to use the emissions levels that define a major source,
except as described above for lead. The definition of a major source
under the amended Act is explained in more detail in the April 16, 1992
Federal Register in the EPA's General Preamble to Title I (57 FR
13498). Section 51.853(b)(3) of the rule has also been revised to
remove the provisions that would automatically lower the de minimis
levels to that established for stationary sources by the local air
quality agency. In keeping with its conclusion that only major sources
should be subject to conformity review, EPA agrees that a zero
emissions threshold as established by some local agencies, should not
be required by this rule.'' EPA adopts this rationale for the de
minimis levels we are setting for PM2.5 in this direct final
action.
    This mechanism of relying on the major stationary source levels in
the statute as de minimis levels for conformity has worked well over
the last 12 years to lessen the administrative burden of Federal
agencies for actions that emit relatively low emissions while
addressing actions with significant emissions that could affect
attainment of the NAAQS. The EPA believes it is appropriate to continue
to use major stationary source levels as de minimis levels for the
PM2.5 NAAQS in line with past practice and recognizing that
Congress generally concluded it was appropriate to apply more stringent
air quality review requirements on such sources. For this reason, EPA
has decided to use this reasonable and effective mechanism for setting
de minimis levels for PM2.5.
    The EPA proposed regulations to implement the new particulate
matter standard (70 FR 65984) on November 1, 2005). In the preamble to
that proposal, EPA discussed that the key pollutants potentially
contributing to PM2.5 concentrations in the atmosphere are
direct PM2.5 emissions, SO2, NOX,, VOC
and ammonia (70 FR 65998). While EPA recognized that SO2,
NOX, VOC and ammonia are precursors of PM2.5 in
the scientific sense because these pollutants can contribute to the
formation of PM2.5 in the ambient air, the degree to which
these individual precursors and pollutants contribute to
PM2.5 formation in a given location is complex and variable.
For ammonia, there is uncertainty about emissions inventories and the
potential efficacy of control measures from location to location. For
VOC, the role and relationship of gaseous organic material in the
formation of organic PM remains complex and further research and
technical tools are needed to better characterize emissions inventories
for specific VOC compounds. In light of these factors, EPA proposed in
its rule to implement the PM2.5 NAAQS that States are not
required to address VOC's or ammonia as PM2.5 nonattainment
plan precursors, unless the State or EPA makes a finding that VOC's or
ammonia significantly contribute to a PM2.5 nonattainment
problem in the State or to other downwind air quality concerns. For
NOX EPA proposed that States are required to address
NOX under all aspects of the program, unless the State and
EPA makes a finding that NOX emissions from sources in the
State do not significantly contribute to the PM2.5 problem
in a given area or to other downwind air quality concerns.
    Therefore, for the purposes of general conformity applicability,
VOC's and ammonia emissions are only considered PM2.5
precursors in nonattainment areas where either a State or EPA has made
a finding that they significantly contribute to the PM2.5
problem in a given area or to other downwind air quality concerns. In
addition, NOX emissions are considered a PM2.5

precursor unless the State and EPA make a finding that NOX
emissions from sources in the State do not significantly contribute to
the PM2.5 problem in a given area or to other downwind air
quality concerns.

III. Summary of the Action

    The EPA is revising the tables in sub-paragraphs (b)(1) and (b)(2)
of 40 CFR 51.853 and 40 CFR 93.153 by adding the de minimis emission
levels for PM2.5. The EPA is establishing 100 tons per year
as the de minimis emission level for direct PM2.5 and each
of its precursors as defined in revised section 91.152. Since EPA did
not propose any classifications for the PM2.5 nonattainment
areas, EPA is not establishing PM2.5 de minimis emission
levels for higher classified nonattainment areas. If, in the future,
EPA classifies the PM2.5 nonattainment areas, it will
establish de minimis emission levels for the areas based upon the
classifications as appropriate. This action will maintain the
consistency between the conformity de minimis emission levels and the
size of a major stationary source under the NSR program (70 FR 65984).
These levels are also consistent with the levels proposed for VOC and
NOX emissions in subpart 1 areas under the 8-hour ozone
implementation strategy (68 FR 32843).
    We are publishing this rule without prior proposal because the
Agency views this as a noncontroversial action and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal should adverse comments be filed. This
action will be effective June 5, 2006, without further notice unless
the EPA receives relevant adverse comments by May 5, 2006. If we
receive such comments, then we will publish a document withdrawing the
final rule and informing the public that the rule will not take effect.
All public comments received will then be addressed in a subsequent
final rule based on the proposed rule. We will not institute a second
comment period. Parties interested in commenting should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on June 5, 2006 and no further action will be
taken on the proposed rule.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the 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 is likely to result in a
regulation 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 of 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.
    Pursuant to the terms of Executive Order 12866, it has been
determined that these revisions to the regulations are considered a
``significant regulatory action'' because they may interfere with
actions taken or planned by other Federal agencies. As such, this
action was submitted to OMB for review. Changes made in response to OMB
suggestions or recommendations can be found in the public docket.

B. Paperwork Reduction Act

    This action does not directly impose an information collection
burden under the provisions of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq., on non-Federal entities. The General Conformity
Regulations require Federal agencies to determine that their actions
conform to the SIPs or TIPs. However, depending upon how Federal
agencies implement the regulations, non-Federal entities seeking
funding or approval from those Federal agencies may be required to
submit information to that agency.
    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 generally requires an Agency to
prepare a regulatory flexibility analysis of any regulation subject to
notice and comment rulemaking requirements under the Administrative
Procedures Act or any other statute unless the Agency certifies 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 action on small
entities, small entity is defined as:
    1. A small business that is a small industrial entity as defined in
the U.S. Small Business Administration (SBA) size standards. (See 13
CFR 121.201);
    2. A 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.
    Today's action will not impose any requirements on small entities
and therefore, will not have a significant economic impact on a
substantial number of small entities. The General Conformity
Regulations require Federal agencies to conform to the appropriate
State, Tribal or Federal implementation plan for attaining clean air.
We continue to be interested in the potential impacts of the
regulations 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 regulations 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. Before promulgating an EPA regulation
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 to adopt the least costly, most cost-
effective or least burdensome alternative that achieves the objectives
of the regulation. 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 regulations 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 actions with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
    The EPA has determined that these revisions to the regulations do
not contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and Tribal governments, in the
aggregate, or the private sector in any 1 year. Thus, today's
regulation revisions are not subject to the requirements of sections
202 and 205 of the UMRA.
    The EPA has determined that these regulation revisions contain no
regulatory requirements that may significantly or uniquely affect small
governments, including Tribal 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 action does not have Federalism implications. The regulations
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. Previously, EPA
determined the costs to States to implement the General Conformity
Regulations to be less than $100,000 per year. Thus, Executive Order
13132 does not apply to these regulation revisions.

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 determination is stated
below.
    These regulation revisions do not have Tribal implications as
defined by Executive Order 13175. They do not have a substantial direct
effect on one or more Indian Tribes, since no Tribe has to demonstrate
conformity for their actions. Furthermore, these regulation revisions
do not affect the relationship or distribution of power and
responsibilities between the Federal government and Indian Tribes. The
CAA and the Tribal Air Rule establish the relationship of the Federal
government and Tribes in developing plans to attain the NAAQS, and
these revisions to the regulations do nothing to modify that
relationship. Because these regulation revisions do not have Tribal
implications, Executive Order 13175 does not apply.
    Although Executive Order 13175 does not apply to these regulations,
EPA encourages Tribal input and specifically solicits comment on this
regulation 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 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
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.
    These revisions to the regulations are not subject to Executive
Order 13045 because they are not economically significant as defined in
Executive Order 12866 and because EPA does not have reason to believe
the environmental health or safety risk addressed by the General
Conformity Regulations present a disproportionate risk to children. The
General Conformity Regulations ensure that Federal agencies comply with
the SIP, TIP or FIP for attaining and maintaining the NAAQS. The NAAQS
are promulgated to protect the health and welfare of sensitive
populations, including children.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    These revisions to the regulations are not considered a
``significant energy action'' as defined in Executive Order 13211,
``Actions That Significantly Affect Energy Supply, Distribution, or
Use,'' (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.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer Advancement Act
of 1995 (NTTAA), Public Law No. 104-113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. The 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 EPA to provide Congress, through OMB,
explanations when the Agency decides not to use available and
applicable VCS.
    This revision to the regulations does not involve technical
standards. Therefore, EPA is not considering the use of any VCS.

    However, EPA will encourage the Federal agencies to consider the
use of such standards, where appropriate, in the implementation of the
General Conformity Regulations.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 requires that each Federal agency make
achieving environmental justice part of its mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health environmental effects of its programs, policies, and activities
on minorities and low-income populations.
    The EPA believes that these revisions to the regulations should not
raise any environmental justice issues. The revisions to the
regulations would, if promulgated revise procedures for other Federal
agencies to follow. They do not disproportionately affect the health or
safety of minority or low income populations. The EPA encourages other
agencies to carefully consider and address environmental justice in
their implementation of their evaluations and conformity
determinations.

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. This action is not
a ``major rule'' as defined by 5 U.S.C. 804(2). This rule will be
effective June 5, 2006.

List of Subjects

40 CFR Part 51

    Environmental protection, Administrative practice and procedures,
Air pollution control, Carbon monoxide, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.

40 CFR Part 93

    Environmental protection, Administrative practice and procedures,
Air pollution control, Carbon monoxide, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.

    Dated: March 31, 2006.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, Title 40, Chapter I of the Code
of Federal Regulations is amended as follows:

PART 51--[AMENDED]

0
1. The authority citation for part 51 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart W--[Amended]

0
2. Section 51.852 is amended by adding paragraph (3) to definition of
``Precursors of criteria pollutant'' to read as follows:

Sec.  51.852  Definitions.

* * * * *
    Precursors of a criteria pollutant are:
* * * * *
    (3) For PM2.5:
    (i) Sulfur dioxide (SO2) in all PM2.5
nonattainment and maintenance areas,
    (ii) Nitrogen oxides in all PM2.5 nonattainment and
maintenance areas unless both the State and EPA determine that it is
not a significant precursor, and
    (iii) Volatile organic compounds (VOC) and ammonia (NH3)
only in PM2.5 nonattainment or maintenance areas where
either the State or EPA determines that they are significant
precursors.
* * * * *

0
3. Section 51.853 is amended by revising paragraph (b) to read as
follows:

Sec.  51.853  Applicability analysis.

* * * * *
    (b) For Federal actions not covered by paragraph (a) of this
section, a conformity determination is required for each criteria
pollutant or precursor where the total of direct and indirect emissions
of the criteria pollutant or precursor in a nonattainment or
maintenance area caused by a Federal action would equal or exceed any
of the rates in paragraphs (b)(1) or (2) of this section.
    (1) For purposes of paragraph (b) of this section, the following
rates apply in nonattainment areas (NAA's):

------------------------------------------------------------------------
                                                                  Tons/
                                                                   year
------------------------------------------------------------------------
Ozone (VOC's or NOX):
  Serious NAA's................................................       50
  Severe NAA's.................................................       25
  Extreme NAA's................................................       10
  Other ozone NAA's outside an ozone transport region..........      100
Other ozone NAA's inside an ozone transport region:
  VOC..........................................................       50
  NOX..........................................................      100
Carbon monoxide: All NAA's.....................................      100
SO2 or NO2: All NAA's..........................................      100
PM-10:
  Moderate NAA's...............................................      100
  Serious NAA's................................................       70
PM2.5:
  Direct emissions.............................................      100
  SO2..........................................................      100
  NOX (unless determined not to be significant precursors).....      100
  VOC or ammonia (if determined to be significant precursors)..      100
Pb: All NAA's..................................................       25
------------------------------------------------------------------------

* * * * *
    (2) For purposes of paragraph (b) of this section, the following
rates apply in maintenance areas:

------------------------------------------------------------------------
                                                                  Tons/
                                                                   year
------------------------------------------------------------------------
Ozone (NOX, SO2 or NO2): All Maintenance Areas.................      100
Ozone (VOC's):
  Maintenance areas inside an ozone transport region...........       50
  Maintenance areas outside an ozone transport region..........      100
Carbon monoxide: All Maintenance Areas.........................      100
PM-10: All Maintenance Areas...................................      100
PM2.5:
  Direct emissions.............................................      100
  SO2..........................................................      100
  NOX (unless determined not to be significant precursors).....      100
  VOC or ammonia (if determined to be significant precursors)..      100
Pb: All Maintenance Areas......................................       25
------------------------------------------------------------------------

* * * * *

PART 93--[AMENDED]

0
4. The authority citation for part 93 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart B--[Amended]

0
5. Section 93.152 is amended by adding paragraph (3) to definition of
``Precursors of criteria pollutant'' to read as follows:

Sec.  93.152  Definitions.

* * * * *
    Precursors of a criteria pollutant are:
* * * * *
    (3) For PM2.5:

    (i) Sulfur dioxide (SO2) in all PM2.5
nonattainment and maintenance areas,
    (ii) Nitrogen oxides in all PM2.5 nonattainment and
maintenance areas unless both the State and EPA determine that it is
not a significant precursor, and
    (iii) Volatile organic compounds (VOC) and ammonia (NH3)
only in PM2.5 nonattainment or maintenance areas where
either the State or EPA determines that they are significant
precursors.
* * * * *

0
6. Section 93.153 is amended by revising paragraph (b) to read as
follows:

Sec.  93.153  Applicability analysis.

* * * * *
    (b) For Federal actions not covered by paragraph (a) of this
section, a conformity determination is required for each criteria
pollutant or precursor where the total of direct and indirect emissions
of the criteria pollutant or precursor in a nonattainment or
maintenance area caused by a Federal action would equal or exceed any
of the rates in paragraphs (b)(1) or (2) of this section.
    (1) For purposes of paragraph (b) of this section, the following
rates apply in nonattainment areas (NAA's):

------------------------------------------------------------------------
                                                                  Tons/
                                                                   year
------------------------------------------------------------------------
Ozone (VOC's or NOX):
  Serious NAA's................................................       50
  Severe NAA's.................................................       25
  Extreme NAA's................................................       10
  Other ozone NAA's outside an ozone transport region..........      100
Other ozone NAA's inside an ozone transport region:
  VOC..........................................................       50
  NOX..........................................................      100
Carbon monoxide: All NAA's.....................................      100
SO2 or NO2: All NAA's..........................................      100
PM-10:
  Moderate NAA's...............................................      100
  Serious NAA's................................................       70
PM2.5:
  Direct emissions.............................................      100
  SO2..........................................................      100
  NOX (unless determined not to be significant precursors).....      100
  VOC or ammonia (if determined to be significant precursors)..      100
Pb: All NAA's..................................................       25
------------------------------------------------------------------------

* * * * *
    (2) For purposes of paragraph (b) of this section, the following
rates apply in maintenance areas:

------------------------------------------------------------------------
                                                                  Tons/
                                                                   year
------------------------------------------------------------------------
Ozone (NOX, SO2 or NO2): All Maintenance Areas.................      100
Ozone (VOC's):
  Maintenance areas inside an ozone transport region...........       50
  Maintenance areas outside an ozone transport region..........      100
Carbon monoxide: All Maintenance Areas.........................      100
PM-10: All Maintenance Areas...................................      100
PM2.5:
  Direct emissions.............................................      100
  SO2..........................................................      100
  NOX (unless determined not to be significant precursors).....      100
  VOC or ammonia (if determined to be significant precursors)..      100
Pb: All Maintenance Areas......................................       25
------------------------------------------------------------------------

* * * * *
[FR Doc. 06-3311 Filed 4-4-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Notices]
[Page 53997]
[FR Doc No: 2011-22059]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2006-24812]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated July 27, 2011, BNSF Railway (BNSF) has petitioned the Federal
Railroad Administration (FRA) for a waiver of compliance from certain
requirements of Federal railroad safety regulations contained at 49 CFR
part 232. FRA has assigned the petition Docket Number 2006-24812.
    BNSF seeks a waiver of compliance from certain provisions of 49 CFR
part 232, Brake System Safety Standards for Freight and Other Non-
Passenger Trains and Equipment. Specifically, BNSF is requesting to
expand the scope of the existing waiver that granted relief from the
maximum mileage and inspection requirements specified by 49 CFR
232.213, Extended haul trains. BNSF would like to perform the 1,500-
mile extended haul inspection for two designated trains at points that
slightly exceed the 1,500-mile limit. The two destination points are
Kansas City Power and Light (KCP&L); Iatan Generating Plant in Sadler,
MO; and Dynegy, Hennepin Plant in Havanna, IL. The origination points
are various coal mines in the Powder River Basin that would exceed the
1,500-mile Class 1 inspection limit between 30.8 and 103.2 miles. Also,
BNSF would like to realign the inspection points. Some inspections
normally performed at Lincoln, NE, may be reduced on the Dynegy trains
by shifting inspections to Guernsey, WY. Also, KCP&L train inspections
may be shifted to Guernsey or Donkey Creek, WY, from Lincoln, NE.
    Given the increased demand for coal by the utility industry, BNSF
believes that granting this relief is critical to relieving congestion
at Lincoln, NE, while maintaining high-quality inspections; and the
railroad believes this will not compromise railroad safety. The
following trains are covered by the requested relief: E-SAIATM, E-
SAIBAM, E-SAIBTM, E-SAICAM, E-SAICDM, E-SAICRM, E-SAIWTM, C-ATMPHH, C-
BTMPHH, C-ETMPHH, and C-NAMPHH.
    In summary, BNSF respectfully requests that these trains be granted
inclusion in FRA Waiver 2006-24812, which was established to resolve
congestion issues in 2006. In the 4 years that these trains have been
operating under the current waiver, there has been no adverse impact to
safety. Since the trains covered by this request operate the very same
type of equipment, there is no anticipated deviation from the current
high level of safety.
    BNSF states that it will provide both mechanical and operating
forces with the list of trains allowed to operate past the 1,500-mile
threshold. Additionally, BNSF would maintain records of defective
conditions discovered during inspections, as currently required,
including any defective equipment set out en route.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by October 14, 2011 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78) or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on August 24, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2011-22059 Filed 8-29-11; 8:45 am]
BILLING CODE 4910-06-P