Determinations of Attainment by the Attainment Date, Extensions of the Attainment Date, and Reclassification of Several Areas Classified as Marginal for the 2008 Ozone National Ambient Air Quality Standards, 51992-52002 [2015-21196]
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rulemaking titled, ‘‘Source
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Dated: August 21, 2015.
Mary E. Henigin,
Acting Director, Office of Air Quality Planning
and Standards.
[FR Doc. 2015–21255 Filed 8–26–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–HQ–OAR–2015–0468; FRL–9933–06–
OAR]
Determinations of Attainment by the
Attainment Date, Extensions of the
Attainment Date, and Reclassification
of Several Areas Classified as Marginal
for the 2008 Ozone National Ambient
Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing three
separate and independent
determinations related to the 36 areas
that are currently classified as
‘‘Marginal’’ for the 2008 ozone National
Ambient Air Quality Standards
(NAAQS). First, the EPA is proposing to
determine that 17 areas attained the
2008 ozone NAAQS by the applicable
attainment date of July 20, 2015, based
on complete, quality-assured and
certified ozone monitoring data for
2012–2014. Second, the EPA is
proposing to grant 1-year attainment
date extensions for eight areas on the
SUMMARY:
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basis that the requirements for such
extensions under the Clean Air Act
(CAA or Act) have been met. Third, the
EPA is proposing to determine that 11
areas failed to attain the 2008 ozone
NAAQS by the applicable attainment
date of July 20, 2015, and that they are
not eligible for an extension, and to
reclassify these areas as ‘‘Moderate’’ for
the 2008 ozone NAAQS. Once
reclassified as Moderate, states must
submit State Implementation Plan (SIP)
revisions that meet the statutory and
regulatory requirements that apply to
2008 ozone NAAQS nonattainment
areas classified as Moderate. In this
action, the EPA is proposing and taking
comment on two options for the
deadline by which states would need to
submit to the EPA for review and
approval the SIP revisions required for
Moderate areas once their areas are
reclassified.
DATES: Comments. Comments must be
received on or before September 28,
2015. Public Hearings. If anyone
contacts us requesting a public hearing
on or before September 11, 2015, we
will hold a public hearing. Please refer
to SUPPLEMENTARY INFORMATION for
additional information on the comment
period and the public hearing.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–OAR–
2015–0468, to the Federal eRulemaking
Portal: https://www.regulations.gov.
Follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or
withdrawn. The EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. If you need to
include CBI as part of your comment,
please visit https://www.epa.gov/
dockets/comments.html for instructions.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. For additional
submission methods, the full EPA
public comment policy, and general
guidance on making effective
comments, please visit https://
www.epa.gov/dockets/comments.html.
FOR FURTHER INFORMATION CONTACT: Mr.
Cecil (Butch) Stackhouse, Office of Air
Quality Planning and Standards, Air
Quality Policy Division, Mail Code
C539–01, Research Triangle Park, NC
27711, telephone (919) 541–5208; fax
number: (919) 541–5315; email address:
stackhouse.butch@epa.gov.
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SUPPLEMENTARY INFORMATION:
I. General Information
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A. Does this action apply to me?
Entities potentially affected by this
action include states (typically state air
pollution control agencies), the District
of Columbia and, in some cases, tribal
governments. In particular, 26 states 1
with areas designated nonattainment
and classified as ‘‘Marginal’’ for the
2008 ozone NAAQS and the District of
Columbia are affected by this action.
Entities potentially affected indirectly
by this proposal include owners and
operators of sources of volatile organic
compounds (VOC) and nitrogen oxides
(NOX) emissions that contribute to
ground-level ozone formation within the
subject ozone nonattainment areas.
B. What should I consider as I prepare
my comments for the EPA?
1. Submitting CBI. Do not submit this
information to the EPA through https://
www.regulations.gov or email. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to the EPA, mark the outside
of the disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed to be
CBI must be submitted for inclusion in
the public docket. Information so
marked will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• Follow directions—The agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
• Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
• Describe any assumptions and
provide any technical information and/
or data that you used.
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
1 AR, AZ, CA, CO, CT, DE, GA, IL, IN, KY, LA,
MA, MD, MO, MS, NC, NJ, NY, OH, PA, SC, TN,
TX, VA, WI and WY.
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• Provide specific examples to
illustrate your concerns, and suggest
alternatives.
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
• Make sure to submit your
comments by the comment period
deadline identified.
C. Where can I get a copy of this
document and other related
information?
In addition to being available in the
docket, an electronic copy of this
document will be posted at https://
www.epa.gov/airquality/ozonepollution/
actions.html#impl.
D. What information should I know
about a possible public hearing?
To request a public hearing or
information pertaining to a public
hearing on this document, contact Ms.
Pamela Long at (919) 541–0641 before 5
p.m. on September 11, 2015. If
requested, further details concerning a
public hearing for this proposed rule
will be published in a separate Federal
Register document. For updates and
additional information on a public
hearing, please check the EPA’s Web
site for this rulemaking at https://
www.epa.gov/airquality/ozonepollution/
actions.html#impl.
E. How is this preamble organized?
The information presented in this
preamble is organized as follows.
I. General Information
A. Does this action apply to me?
B. What should I consider as I prepare my
comments for EPA?
C. Where can I get a copy of this document
and other related information?
D. What information should I know about
a possible public hearing?
E. How is this preamble organized?
II. Overview and Basis of Proposal
A. Overview of Proposal
B. What is the background for the proposed
actions?
C. What is the statutory authority for the
proposed actions?
D. How does the EPA determine whether
an area has attained the 2008 ozone
standard?
III. What is the EPA proposing and what is
the rationale?
A. Determination of Attainment
B. Extension of Marginal Area Attainment
Dates
C. Determinations of Failure To Attain and
Reclassification
D. Moderate Area SIP Revision Submission
Deadline
E. Summary of Proposed Actions
IV. Environmental Justice Considerations
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
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51993
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
II. Overview and Basis of Proposal
A. Overview of Proposal
CAA section 181(b)(2) requires the
EPA Administrator to determine, based
on an area’s design value (which
represents air quality in the area for the
most recent 3 year period) 2 as of an
area’s attainment deadline, whether an
ozone nonattainment area attained the
ozone standard by that date. The statute
provides a mechanism by which states
that meet certain criteria may request
and be granted by the EPA
Administrator a 1-year extension of an
area’s attainment deadline. The CAA
also requires that areas that have not
attained the standard by their
attainment deadlines be reclassified to
either the next ‘‘highest’’ classification
(e.g., Marginal to Moderate, Moderate to
Serious, etc.) or to the classifications
applicable to the areas’ design values in
Table 1 of 40 CFR 51.1103. In this
document, the EPA proposes to find that
17 Marginal areas attained the 2008
NAAQS by the applicable deadline of
July 20, 2015, based on complete,
quality-assured and certified ozone
monitoring data for 2012–2014.3 The
EPA also proposes to find that 8
Marginal areas meet the criteria, as
provided in CAA section 181(a)(5) and
interpreted by regulation at 40 CFR
51.1107, to qualify for a 1-year
attainment date extension for the 2008
ozone NAAQS. Finally, the EPA
proposes to find that 11 Marginal areas
2 An area’s design value for the 8-hour ozone
NAAQS is the highest 3-year average of the annual
fourth highest daily maximum 8-hour average
ozone concentration of all monitors in the area. See
40 CFR part 50, appendix P.
3 These proposed determinations of attainment do
not constitute a redesignation to attainment.
Redesignations require states to meet a number of
additional criteria, including EPA approval of a
state plan to maintain the air quality standard for
10 years after redesignation.
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failed to attain the 2008 ozone NAAQS
by the applicable Marginal attainment
deadline of July 20, 2015, and do not
qualify for a 1-year extension.
Accordingly, as required by CAA
section 181(b)(2)(A), if the EPA finalizes
the determinations that these areas
failed to attain, the EPA must reclassify
those 11 Marginal areas to Moderate.
The reclassified areas must attain the
2008 ozone NAAQS as expeditiously as
practicable, but no later than July 20,
2018. Table 1 provides a summary of the
EPA’s proposed actions that would
apply to these 36 Marginal areas.
The EPA is proposing in this
document to apply the discretion
granted to the Administrator in the
statute to adjust the statutory deadlines
for submitting required SIP revisions for
reclassified Moderate ozone
nonattainment areas in order to align
the SIP due dates with the regulatory
deadline for implementing reasonably
available control measures (RACM),
including reasonably available control
technology (RACT), in such areas as
necessary to attain the 2008 ozone
standard by the Moderate area
attainment deadline of July 20, 2018.
TABLE 1—2008 OZONE NAAQS MARGINAL NONATTAINMENT AREA EVALUATION SUMMARY
2008 NAAQS Nonattainment area
2012–2014
Design value
(ppm)
Allentown-Bethlehem-Easton, PA ..
Atlanta, GA .....................................
Baton Rouge, LA ............................
Calaveras County, CA ....................
Charlotte-Gastonia-Rock Hill, NCSC.
Chicago-Naperville, IL-IN-WI ..........
Chico (Butte County), CA ...............
Cincinnati, OH-KY-IN ......................
Cleveland-Akron-Lorain, OH ..........
Columbus, OH ................................
Denver-Boulder-Greeley-Fort Collins-Loveland, CO.
Dukes County, MA .........................
Greater Connecticut, CT ................
Houston-Galveston-Brazoria, TX ....
Imperial County, CA .......................
Jamestown, NY ..............................
Kern County (Eastern Kern), CA ....
Knoxville, TN ..................................
Lancaster, PA .................................
Mariposa County, CA .....................
Memphis, TN-MS-AR .....................
Nevada County (Western part), CA
New York, N. New Jersey-Long Island, NY-NJ-CT.
Philadelphia-Wilmington-Atlantic
City, PA-NJ-MD-DE.
Phoenix-Mesa, Arizona ..................
Pittsburgh-Beaver Valley, PA .........
Reading, PA ...................................
San Diego County, CA ...................
San Francisco Bay Area, CA .........
San Luis Obispo County (Eastern
San Luis Obispo), CA.
Seaford, DE ....................................
Sheboygan, Wisconsin ...................
St. Louis-St. Charles-Farmington,
MO-IL.
Tuscan Buttes, CA .........................
Upper Green River Basin, WY .......
Washington, DC-MD-VA .................
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Areas not attaining 2008 NAAQS
eligible for attainment date extensions based on 2014 4th highest
daily maximum 8-hr average
≤0.075 ppm
Attaining .........................................
Not Attaining ..................................
Attaining .........................................
Attaining .........................................
Attaining .........................................
0.068
0.079
0.075
0.071
0.068
Not
No.
Not
Not
Not
0.081
0.074
0.075
0.078
0.075
0.082
Not Attaining ..................................
Attaining .........................................
Attaining .........................................
Not Attaining ..................................
Attaining .........................................
Not Attaining ..................................
0.076
0.074
0.071
0.075
0.070
0.077
No.
Not applicable.
Not applicable.
Yes.
Not applicable.
No.
0.068
0.080
0.080
0.080
0.071
0.084
0.067
0.071
0.078
0.073
0.079
0.085
Attaining .........................................
Not Attaining ..................................
Not Attaining ..................................
Not Attaining ..................................
Attaining .........................................
Not Attaining ..................................
Attaining .........................................
Attaining .........................................
Not Attaining ..................................
Attaining .........................................
Not Attaining ..................................
Not Attaining ..................................
0.059
0.077
0.072
0.078
0.066
0.089
0.064
0.066
0.077
0.067
0.082
0.081
Not applicable.
No.
Yes.
No.
Not applicable.
No.
Not applicable.
Not applicable.
No.
Not applicable.
No.
No.
0.077
Not Attaining ..................................
0.074
Yes.
0.080
0.077
0.071
0.079
0.072
0.076
Not Attaining ..................................
Not Attaining ..................................
Attaining .........................................
Not Attaining ..................................
Attaining .........................................
Not Attaining ..................................
0.080
0.071
0.068
0.079
0.076
0.073
No.
Yes.
Not applicable.
No.
Not applicable.
Yes.
0.074
0.081
0.078
Attaining .........................................
Not Attaining ..................................
Not Attaining ..................................
0.067
0.072
0.072
Not applicable.
Yes.
Yes.
0.075
0.064
0.076
On March 12, 2008, the EPA issued its
final action to revise the NAAQS for
ozone to establish new 8-hour standards
(73 FR 16436, March 27, 2008). In that
action, we promulgated identical
revised primary and secondary ozone
standards, designed to protect public
health and welfare, that specified an 8-
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2014 4th
Highest daily
maximum 8-hr
average
(ppm)
0.070
0.077
0.072
0.071
0.073
B. What is the background for the
proposed actions?
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Meets 2008 NAAQS by marginal
attainment date
Attaining .........................................
Attaining .........................................
Not Attaining ..................................
0.076
0.065
0.069
Not applicable.
Not applicable.
Yes.
hour ozone standard of 0.075 parts per
million (ppm).4 Specifically, the
standards require that the 3-year average
of the annual fourth highest daily
maximum 8-hour average ozone
concentration may not exceed 0.075
4 Since the 2008 primary and secondary NAAQS
for ozone are identical, for convenience, we refer to
both as ‘‘the 2008 ozone NAAQS’’ or ‘‘the 2008
ozone standard.’’
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applicable.
applicable.
applicable.
applicable.
ppm. The 2008 ozone NAAQS retains
the same general form and averaging
time as the 0.08 ppm NAAQS set in
1997 but is set at a level that is more
protective of public health and the
environment.
On April 30, 2012 (May 31, 2012), the
EPA issued rules designating 46 areas
throughout the country as
nonattainment for the 2008 ozone
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NAAQS, effective July 20, 2012 (77 FR
30088, May 21, 2012 and 77 FR 34221,
June 11, 2012). In April 30, 2012, action,
the EPA established classifications for
the designated nonattainment areas, and
classified 36 of those areas as Marginal.
We used primarily certified air quality
monitoring data from calendar years
2008–2010 5 to designate these areas as
nonattainment, and as the basis for their
classification (77 FR 30088 and 77 FR
34221). Also in the April 30, 2012,
action, the EPA promulgated a
Classifications Rule that specified some
of the requirements for implementing
the 2008 ozone NAAQS under the
provisions of Subpart 2 of part D of title
I of the CAA to the newly designated
nonattainment areas for the 2008 ozone
standard (77 FR 30160, May 21, 2012).
CAA Section 181 provides that the
attainment deadline for ozone
nonattainment areas is ‘‘as
expeditiously as practicable’’ but no
later than the prescribed dates that are
provided in Table 1 of that section. In
the 2008 ozone NAAQS Classifications
Rule, the EPA translated the
‘‘maximum’’ deadlines in Table 1 of
Subpart 2 for purposes of the 2008
standard by measuring those deadlines
from the effective date of the new
designations, but extended those
deadlines by several months to
December 31 of the corresponding
calendar year (77 FR 30166).
Pursuant to a challenge of the EPA’s
interpretation of the attainment
deadlines, on December 23, 2014, the
D.C. Circuit issued a decision rejecting,
among other things, the Classifications
Rule’s attainment deadlines for the 2008
ozone nonattainment areas, finding that
the EPA did not have statutory authority
under the CAA to extend those
deadlines to the end of the calendar
year. NRDC v. EPA, 777 F.3d 456, 464–
69 (D.C. Cir. 2014). Accordingly, as part
of the final 2008 ozone NAAQS SIP
Requirements Rule (80 FR 12264, March
6, 2015), the EPA modified the
maximum attainment dates for all
nonattainment areas for the 2008 ozone
NAAQS, consistent with the court’s
decision. As relevant here, the SIP
Requirements Rule established a
maximum deadline for Marginal
nonattainment areas of 3 years from the
effective date of designation, or July 20,
2015, to attain the 2008 ozone NAAQS.
See 80 FR at 12268; 40 CFR 51.1103.
5 In certain cases, states included as part of their
designation recommendations a request that the
EPA consider more up-to-date monitoring data from
2009–2011 in making final designation decisions.
The EPA considered the state requests, and,
accordingly, adjusted some of the classifications
based on the more recent data.
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C. What is the statutory authority for the
proposed actions?
The statutory authority for the actions
proposed in this document is provided
by the CAA, as amended (42 U.S.C.
7401 et seq.). Relevant portions of the
CAA include, but are not necessarily
limited to, sections 181(a)(5) and
181(b)(2).
By way of background, CAA section
107(d) provides that when the EPA
establishes or revises a NAAQS, the
agency must designate areas of the
country as nonattainment, attainment,
or unclassifiable based on whether they
are not meeting (or contributing to air
quality in a nearby area that is not
meeting) the NAAQS, meeting the
NAAQS, or cannot be classified as
meeting or not meeting the NAAQS,
respectively. Subpart 2 of part D of title
I of the CAA governs the classification,
state planning and emissions control
requirements for any areas designated as
nonattainment for a revised primary
ozone NAAQS. In particular, CAA
section 181(a)(1) requires each area
designated as nonattainment for a
revised ozone NAAQS to be ‘‘classified’’
at the same time as the area is
designated based on the severity of the
ozone level in the area (as determined
based on the area’s ‘‘design value,’’
which represents air quality in the area
for the most recent 3 years). See footnote
2. Classifications for ozone
nonattainment areas range from
‘‘Marginal’’ (for areas with monitored
ozone levels just exceeding the level of
the NAAQS) to ‘‘Extreme’’ (for areas
with monitored ozone levels well above
the levels of the NAAQS). CAA section
182 stipulates the specific attainment
planning and additional requirements
that apply to each ozone nonattainment
area based on its classification. CAA
section 182, as interpreted by the EPA’s
implementation regulations at 40 CFR
51.1108–1117, also establishes the
timeframes by which air agencies must
submit SIP revisions to address the
applicable attainment planning
elements, and the timeframes by which
ozone nonattainment areas must attain
the relevant NAAQS.
Section 181(b)(2)(A) of the CAA
requires that within 6 months following
the applicable attainment date, the
Administrator will determine whether
an ozone nonattainment area attained
the ozone standard based on the area’s
design value as of that date. Section
181(a)(5) of the CAA gives the
Administrator the discretion to grant a
1-year extension of the attainment date
specified in CAA section 181(a) upon
application by any state if: (i) The state
has complied with all requirements and
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51995
commitments pertaining to the area in
the applicable implementation plan;
and (ii) no more than one measured
exceedance of the NAAQS for ozone has
occurred in the area preceding the
extension year. The EPA may grant a
second 1-year extension if these same
criteria are met by the end of the first
extension year.6
Because CAA section 181(a)(5)(B) was
written for an exceedance-based
standard, such as the 1-hour ozone
NAAQS, the EPA has interpreted
through notice-and-comment
rulemaking the air quality requirement
of the extension criteria for purposes of
a concentration-based standard like the
2008 8-hour ozone NAAQS. For
purposes of determining an area’s
eligibility for an attainment date
extension for the 2008 ozone NAAQS,
the EPA has interpreted the criteria of
CAA section 181(a)(5)(B) to mean that
an area’s fourth highest daily maximum
8-hour value for the attainment year 7 is
at or below the level of the standard [80
FR 12264, 12292 (March 6, 2015); 40
CFR 51.1107].
In the event an area fails to attain the
relevant ozone NAAQS by the
applicable attainment date, CAA section
181(b)(2)(A) requires the Administrator
to make the determination that an ozone
nonattainment area failed to attain the
ozone standard by the applicable
attainment date, and subsequently
requires the area to be reclassified by
operation of law to the higher of (i) the
next higher classification for the area, or
(ii) the classification applicable to the
area’s design value as determined at the
time of the required Federal Register
document.8 Section 181(b)(2)(B)
requires the EPA to publish a document
in the Federal Register identifying the
reclassification status of an area that has
failed to attain the standard by its
attainment date no later than 6 months
after the attainment date, which in the
case of the Marginal nonattainment
areas addressed in this document would
be January 20, 2016.
Once an area is reclassified, the EPA
must address the schedule by which the
state is required to submit a revised SIP
for that area to, among other things,
demonstrate how the area will attain the
relevant NAAQS as expeditiously as
practicable but no later than the new
6 The EPA considers the average of the annual
fourth-highest daily maximum 8-hour ozone
concentrations for 2 years at each monitoring site
in an area.
7 See 40 CFR 51.1107(a)(1).
8 All of the affected nonattainment areas
addressed in this document would be classified to
the next highest classification of Moderate. None of
the affected areas has a design value that would
otherwise place it in a higher classification (e.g.,
Serious) under CAA section 181(b)(2)(A)(ii).
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applicable attainment date under the
statute. According to CAA section
182(i), a state with a reclassified ozone
nonattainment area must submit the
applicable attainment plan requirements
‘‘according to the schedules prescribed
in connection with such requirements’’
in CAA section 182(b) for Moderate
areas, section 182(c) for Serious areas,
and section 182(d) for Severe areas.
However, the Act permits the
Administrator to adjust the statutory
due dates that would otherwise apply
for any SIP revisions required as a result
of the reclassification ‘‘to the extent that
such adjustment is necessary or
appropriate to assure consistency among
the required submissions.’’
D. How does the EPA determine whether
an area has attained the 2008 ozone
standard?
Under EPA regulations at 40 CFR part
50, appendix P, the 2008 ozone NAAQS
is attained at a site when the 3-year
average of the annual fourth highest
daily maximum 8-hour average ambient
air quality ozone concentration is less
than or equal to 0.075 ppm. This 3-year
average is referred to as the design
value. When the design value is less
than or equal to 0.075 ppm at each
ambient air quality monitoring site
within the area, then the area is deemed
to be meeting the NAAQS. The
rounding convention under 40 CFR part
50, appendix P, dictates that
concentrations shall be reported in ppm
to the third decimal place, with
additional digits to the right being
truncated. Thus, a computed 3-year
average ozone concentration of 0.076
ppm is greater than 0.075 ppm and,
therefore, over the standard.
The EPA’s determination of
attainment is based upon data that have
been collected and quality-assured in
accordance with 40 CFR part 58 and
recorded in the EPA’s Air Quality
System database (formerly known as the
Aerometric Information Retrieval
System). Ambient air quality monitoring
data for the 3-year period must meet a
data completeness requirement. The
ambient air quality monitoring data
completeness requirement is met when
the average percent of required
monitoring days with valid ambient
monitoring data is greater than 90
percent, and no single year has less than
75 percent data completeness as
determined according to Appendix P of
part 50.
III. What is the EPA proposing and
what is the rationale?
The EPA is issuing this proposal
pursuant to the agency’s statutory
obligation under CAA section 181(b)(2)
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to determine whether the 36 Marginal
ozone nonattainment areas have
attained the 2008 ozone NAAQS by the
applicable attainment date of July 20,
2015. The separate actions being taken
in this proposal, as well as the rationale
for these actions, are described in the
sections below.
A. Determinations of Attainment
The EPA evaluated data from air
quality monitors in the 36 Marginal
nonattainment areas for the 2008 ozone
NAAQS in order to determine the areas’
attainment status as of the applicable
attainment date of July 20, 2015. The
data were supplied and quality assured
by state and local agencies responsible
for monitoring ozone air monitoring
networks. Seventeen of the 36
nonattainment areas’ monitoring sites
with valid data had a design value equal
to or less than 0.075 ppm based on the
2012–2014 monitoring period. Thus, the
EPA proposes to determine, in
accordance with section 181(b)(2)(A) of
the CAA and the provisions of the SIP
Requirements Rule (40 CFR 51.1103),
that these 17 areas (listed in Table 2
below) attained the standard by the
applicable attainment date for Marginal
nonattainment areas for the 2008 ozone
NAAQS. The EPA’s determination is
based upon 3 years of complete, qualityassured and certified data. Table 2
displays the 2012–2014 design value for
these 17 areas. The fourth high values
for each of the 3 years used to calculate
each monitor’s 2012–2014 design value
are provided in the technical support
document (TSD) in the docket for this
action.9 The EPA is soliciting comments
on these proposed determinations of
attainment by the applicable attainment
date.
TABLE 2—MARGINAL NONATTAINMENT
AREAS THAT ATTAINED THE 2008
OZONE NAAQS BY THE JULY 20,
2015, ATTAINMENT DATE—Continued
2008 Ozone NAAQS
nonattainment area
2012–2014
Design value
(ppm)
Jamestown, NY ....................
Knoxville, TN b ......................
Lancaster, PA .......................
Memphis, TN-MS-AR ...........
Reading, PA .........................
San Francisco Bay Area, CA
Seaford, DE ..........................
Tuscan Buttes, CA ...............
Upper Green River Basin,
WY ....................................
0.071
0.067
0.071
0.073
0.071
0.072
0.074
0.075
0.064
a On
July 28, 2015, the EPA redesignated to
attainment the North Carolina portion of the
Charlotte-Rock Hill, NC–SC, nonattainment
area for the 2008 8-hour ozone NAAQS, effective August 27, 2015. See 80 FR 44873.
Given that this area was still designated nonattainment as of July 20, 2015, the EPA is
herein proposing to determine that this area
attained the 2008 ozone NAAQS by the applicable attainment date in order to satisfy the
agency’s obligation under CAA section
181(b)(2)(A) to make determinations of attainment for nonattainment areas within 6 months
following an area’s applicable attainment date.
b On July 13, 2015, the EPA redesignated to
attainment the Knoxville, TN, nonattainment
area for the 2008 8-hour ozone NAAQS, effective August 12, 2015. See 80 FR 39970.
Given that this area was still designated nonattainment as of July 20, 2015, the EPA is
herein proposing to determine that this area
attained the 2008 ozone NAAQS by the applicable attainment date in order to satisfy the
agency’s obligation under CAA section
181(b)(2)(A) to make determinations of attainment for nonattainment areas within 6 months
following an area’s applicable attainment date.
B. Extension of Marginal Area
Attainment Dates
Of the 36 Marginal nonattainment
areas for the 2008 ozone NAAQS, there
TABLE 2—MARGINAL NONATTAINMENT are eight areas for which the EPA is
AREAS THAT ATTAINED THE 2008 proposing to grant a 1-year attainment
OZONE NAAQS BY THE JULY 20, date extension based on determinations
2015, ATTAINMENT DATE
that these areas have met the
requirements for an extension under
2012–2014
CAA section 181(a)(5).
2008 Ozone NAAQS
Design value
nonattainment area
Specifically, for each of the eight
(ppm)
nonattainment areas, the EPA received a
Allentown-Bethlehem-Easton,
letter from a state air agency requesting
PA .....................................
0.070 a 1-year extension of the area’s
Baton Rouge, LA ..................
0.072 attainment date and certifying that the
Calaveras County, CA ..........
0.071 state is in compliance with the
Charlotte-Rock Hill, NC-SC a
0.073
applicable implementation plan, as
Chico (Butte County), CA .....
0.074
Cincinnati, OH-KY-IN ............
0.075 required under CAA section
Columbus, OH ......................
0.075 181(a)(5)(A). In their requests, the states
Dukes County, MA ...............
0.068 certified that they have complied with
all requirements and commitments
9 ‘‘Technical Support Document Regarding Ozone
pertaining to their respective
Monitoring Data—Determinations of Attainment, 1nonattainment areas in the applicable
Year Attainment Date Extensions, and
implementation plan and that all
Reclassifications for Marginal Areas under the 2008
monitors in the area have a fourth
8-Hour Ozone National Ambient Air Quality
highest daily maximum 8-hour average
Standard (NAAQS), EPA–HQ–OAR–2015–0468.
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of 0.075 ppm or less for 2014 (i.e., the
last full year of air quality data prior to
the July 20, 2015, attainment date). A
summary of the information in these
letters is provided in the TSD for this
action. The EPA evaluated the
information submitted by each state for
its nonattainment area(s) and is
proposing determinations that each state
has met the requirement of CAA section
181(a)(5)(A) for each applicable area.10
The EPA has also evaluated the
certified air quality monitoring data for
2014 and is proposing to determine that
each of the eight areas listed in Table 3
meets the air quality requirements of
CAA section 181(a)(5)(B) and the EPA’s
interpretation of that statutory provision
in 40 CFR 51.1107. As explained in
Section II.C of this preamble, the EPA
has interpreted the air quality criterion
in CAA section 181(a)(5)(B) for purposes
of the 2008 8-hour standard to mean
that an eligible area’s fourth highest
daily maximum 8-hour average in the
year preceding the attainment date is
equal to or below the NAAQS (80 FR
12292). The EPA has evaluated the data
for these eight areas and has determined
that the fourth highest daily maximum
8-hour average for each area in 2014 is
equal to or below 0.075 ppm. Table 3
provides the fourth highest daily
maximum 8-hour averages for 2014 for
each of the eight Marginal
nonattainment areas for which a state
has requested an attainment date
extension.
Based on the EPA’s evaluation and
determination that eight Marginal
51997
nonattainment areas for the 2008 ozone
NAAQS that failed to attain the NAAQS
by July 20, 2015, have met the
attainment date extension criteria of
CAA section 181(a)(5), the EPA is
exercising its discretion to propose
granting a 1-year extension of the
applicable Marginal area attainment
date to July 20, 2016, from July 20, 2015,
for the nonattainment areas listed in
Table 3. If this proposal is finalized,
then the nonattainment areas would
remain classified as Marginal for the
2008 ozone NAAQS unless and until the
EPA makes a determination that the
areas have not attained the NAAQS by
the July 20, 2016, attainment date. The
EPA is soliciting comments on this
proposal.
TABLE 3—MARGINAL NONATTAINMENT AREAS THAT QUALIFY FOR A 1-YEAR ATTAINMENT DATE EXTENSION FOR THE 2008
OZONE NAAQS a
2012–2014
Design value
(ppm)
2008 Ozone NAAQS nonattainment area
Cleveland-Akron-Lorain, OH ....................................................................................................................................
Houston-Galveston-Brazoria, TX .............................................................................................................................
Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE ............................................................................................
Pittsburgh-Beaver Valley, PA ..................................................................................................................................
San Luis Obispo County (Eastern part), CA ...........................................................................................................
Sheboygan, WI ........................................................................................................................................................
St. Louis-St. Charles-Farmington, MO-IL ................................................................................................................
Washington, DC-MD-VA ..........................................................................................................................................
0.078
0.080
0.077
0.077
0.076
0.081
0.078
0.076
2014 4th
Highest daily
maximum 8-hr
average
(ppm)
0.075
0.072
0.074
0.071
0.073
0.072
0.072
0.069
a The areas listed are Marginal nonattainment areas that did not attain the 2008 ozone standard by July 20, 2015, but qualify for an extended
attainment date to July 20, 2016, under CAA section 181(a)(5).
The EPA is proposing to determine
that 11 Marginal nonattainment areas
(listed in Table 4) have failed to attain
the 2008 ozone NAAQS by the
applicable attainment date of July 20,
2015. These areas are not eligible for a
1-year attainment date extension
because the fourth highest daily
maximum 8-hour average for at least
one monitor in each area is greater than
0.075 ppm for 2014 (i.e., last full year
of air quality data prior to the July 20,
2015, attainment date). Each of these
areas failed to attain because the 2012–
2014 design value for at least one
monitor in each area exceeded the 2008
ozone NAAQS of 0.075 ppm. The TSD
for this action shows all monitoring data
for the relevant years for each of these
nonattainment areas, as well as the 3year design value calculations for each
area.
CAA section 181(b)(2)(A) provides
that a Marginal nonattainment area shall
be reclassified by operation of law upon
a determination by the EPA that such
area failed to attain the relevant NAAQS
by the applicable attainment date. Based
on quality-assured ozone monitoring
data from 2012–2014, as provided in the
TSD for this proposal, the new
classification applicable to each of these
11 areas would be the next higher
classification of ‘‘Moderate’’ under the
CAA statutory scheme.11
Moderate nonattainment areas are
required to attain the standard ‘‘as
expeditiously as practicable’’ but no
later than 6 years after the initial
designation as nonattainment (which, in
the case of these 11 areas, is July 20,
2018). The attainment deadlines
associated with each classification are
prescribed by the Act and codified at 40
CFR 51.1103.
We also note that the states with areas
that attain the 2008 ozone NAAQS after
they are reclassified to Moderate can use
the EPA’s existing Clean Data Policy.
The state with areas attaining the
NAAQS could also submit a complete
redesignation request with a
maintenance plan to the EPA prior to
the SIP revision deadline that uses the
EPA’s redesignation guidance.12
There are a number of significant
emission reduction programs that will
lead to reductions of ozone precursors,
and that are in place today or are
expected to be in place by 2017 to meet
the July 20, 2018 attainment date for the
2008 ozone NAAQS Moderate areas.
Examples of such rules include state
10 The EPA notes that while Delaware did not
submit a letter requesting a 1-year attainment date
extension for the multi-state Philadelphia
nonattainment area, based on extension requests
from the other states with jurisdiction over that
area, including Pennsylvania, New Jersey, and
Maryland, and the EPA’s own analysis of the CAA
section 181(a)(5)(A) criteria with regard to
Delaware, the EPA is exercising its discretion to
propose granting the Philadelphia area a 1-year
extension of the attainment date.
11 The 2012–2014 design value for each of the 11
areas does not exceed 0.100 ppm, which is the
threshold for reclassifying an area to Serious per
CAA section 181(b)(2)(A)(ii) and 40 CFR 51.1103.
12 Details on the EPA’s existing Clean Data Policy
and redesignation guidance are available at https://
www.epa.gov/air/urbanair/sipstatus/policy.html.
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C. Determinations of Failure To Attain
and Reclassification
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and federal implementation plans
adopted under the Cross-State Air
Pollution Rule (CSAPR), the regional
haze rule and the Best Available Retrofit
Technology (BART) requirements, as
well as regulations controlling on-road
and non-road engines and fuels, Tier 3
motor vehicle emission and fuel
standards program,13 hazardous air
pollutant rules for utility and industrial
boilers, and various other programs
already adopted by states to reduce
emissions from key emissions sources.
Further, states and the EPA are
currently evaluating interstate transport
obligations addressing CAA
110(a)(2)(D)(i)(I) requirements for this
NAAQS, and the state or federal plans
that are adopted to satisfy these
obligations will provide a level of
additional emission reductions from
upwind states that will further assist
each nonattainment area in attaining the
ozone NAAQS by the Moderate
attainment area deadline.
TABLE 4—MARGINAL NONATTAINMENT AREAS THAT WILL BE RECLASSIFIED AS MODERATE BECAUSE THEY DID NOT
ATTAIN THE 2008 OZONE NAAQS BY THE JULY 20, 2015, ATTAINMENT DATE
2012–2014
Design value
(ppm)
2008 Ozone NAAQS nonattainment area
Atlanta, GA ..............................................................................................................................................................
Chicago-Naperville, IL-IN-WI ...................................................................................................................................
Denver-Boulder-Greeley-Fort Collins-Loveland, CO ...............................................................................................
Greater Connecticut, CT ..........................................................................................................................................
Imperial County, CA ................................................................................................................................................
Kern County (Eastern Kern), CA .............................................................................................................................
Mariposa County, CA ..............................................................................................................................................
Nevada County (Western part), CA ........................................................................................................................
New York-N. New Jersey-Long Island, NY-NJ-CT .................................................................................................
Phoenix-Mesa, AZ ...................................................................................................................................................
San Diego County, CA ............................................................................................................................................
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For each new Moderate ozone
nonattainment area, the states
responsible for managing air quality in
the 11 areas identified in Table 4 will
be required to submit a revised SIP that
addresses the CAA’s Moderate
nonattainment area requirements, as
interpreted and described in the final
SIP Requirements Rule for the 2008
ozone NAAQS. See 40 CFR 51.1100 et
seq. Those requirements include: (1) an
attainment demonstration (CAA section
182(b) and 40 CFR 51.1108); (2)
provisions for RACT (CAA section
182(b)(2) and 40 CFR 51.1112(a)–(b))
and RACM (CAA section 172(c)(1) and
40 CFR 51.1112(c)); (3) reasonable
further progress (RFP) reductions in
VOC and/or NOX emissions in the area
(CAA sections 172(c)(2) and 182(b)(1)
and 40 CFR 51.1110); (4) contingency
measures to be implemented in the
event of failure to meet a milestone or
to attain the standard (CAA section
172(c)(9)); (5) a vehicle inspection and
maintenance program, if applicable
(CAA section 181(b)(4) and 40 CFR
51.350); and, (6) NOX and VOC emission
offsets at a ratio of 1.15 to 1 for major
source permits (CAA section 182(b)(5)
and 40 CFR 51.165(a)). See also the
requirements for Moderate ozone
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0.079
0.076
0.077
0.077
0.078
0.089
0.077
0.082
0.081
0.080
0.079
nonattainment areas set forth in CAA
section 182(b) and the general
nonattainment plan provisions required
under CAA section 172(c).14
As noted elsewhere in this preamble,
when an area is reclassified under CAA
section 181(b)(2), CAA section 182(i)
directs that the state shall meet the new
requirements according to the schedules
prescribed in those requirements. It
provides, however, ‘‘that the
Administrator may adjust any
applicable deadlines (other than
attainment dates) to the extent such
adjustment is necessary or appropriate
to assure consistency among the
required submissions.’’ CAA section
182(b), as interpreted by 40 CFR 51.1100
et seq., describes the required SIP
revisions and associated deadlines for a
nonattainment area classified as
Moderate at the time of the initial
designations. However, these SIP
submission deadlines (e.g., 3 years after
the effective date of designation for
submission of an attainment plan and
attainment demonstration) have already
passed. Accordingly, the EPA is
proposing to exercise its discretion
under CAA section 182(i) to adjust the
SIP submittal deadlines for these 11
new Moderate nonattainment areas.
In determining an appropriate
deadline for the Moderate area SIP
revisions for these 11 areas, the EPA
notes that pursuant to 40 CFR
51.1108(d), for each nonattainment area,
the state must provide for
implementation of all control measures
needed for attainment no later than the
beginning of the attainment year ozone
season. The attainment year ozone
season is the ozone season immediately
preceding a nonattainment area’s
attainment date. In the case of
nonattainment areas classified as
Moderate for the 2008 ozone NAAQS,
the attainment year ozone season is the
2017 ozone season (40 CFR 51.1100(g)).
The ozone season is the ozone
monitoring season as defined in 40 CFR
part 58, appendix D, section 4.1, Table
D–3 (October 17, 2006, 71 FR 61236).
We note that the EPA has proposed
changes to the ozone monitoring season
in its most recent proposal to revise the
ozone NAAQS (79 FR 75234, December
17, 2014). For the purposes of
reclassification for the 11 Marginal
nonattainment areas identified in this
proposal, Table 5 provides the starting
month of the ozone monitoring season
for each state with one of the 11
Marginal areas as currently codified in
the EPA’s regulations. Table 5 also
includes the December 17, 2014,
proposed changes, if any, to the
beginning of the ozone monitoring
season in such states. If the proposed
changes to the beginning of the ozone
14 All 11 of the areas reclassified to Moderate
except Denver-Boulder-Greeley-Fort Collins-
D. Moderate Area SIP Revision
Submission Deadline
13 79 FR 23414 (April 29, 2014). Control of Air
Pollution From Motor Vehicles: Tier 3 Motor
Vehicle Emission and Fuel Standards.
0.077
0.081
0.082
0.080
0.080
0.084
0.078
0.079
0.085
0.080
0.079
2014 4th
highest daily
maximum 8-hr
average
(ppm)
Loveland, CO have been classified Moderate or
higher classification for a prior ozone NAAQS.
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monitoring seasons are included in the
final ozone NAAQS revision (expected
by October 1, 2015), and that
rulemaking is finalized before the EPA
finalizes this action, the revised ozone
season dates would also apply to our
adjusted deadlines for the Moderate area
SIP revisions for the areas we propose
to reclassify in this document. We also
note that we believe it is reasonable to
provide states with a period of at least
approximately 1 year after the
reclassification is finalized to develop
and submit the Moderate area SIP
revisions. This provides time necessary
for states and local air districts to finish
their review of available control
measures, adopt necessary attainment
strategies, address other SIP
requirements, and complete the public
notice process necessary to adopt and
submit SIP revisions.
Therefore, the EPA is proposing and
taking comment on two options for
setting the date by which states with
jurisdiction for these 11 reclassified
nonattainment areas would be required
to submit for EPA review and approval
SIP revisions to address Moderate area
requirements. The first option, which is
reflected in Table 5 below, would
require that states submit the required
SIP revisions as expeditiously as
practicable, but no later than the
beginning of the ozone season in 2017
for each state. This proposed option
would align the SIP submittal deadline
with the deadline for implementing
applicable controls, which, as noted
above, is also no later than the
beginning of the ozone season in 2017
for each area. This option would give 9
states additional time that may be
needed to accomplish planning,
51999
administrative and SIP revision
processes. This option would treat states
consistently in that they would need to
have submitted SIP revisions by the
beginning of their respective ozone
seasons, but it would result in SIP
submittal dates that vary among the
states. In addition, as noted above, if the
EPA finalizes the proposed changes to
the start dates of the ozone season in a
number of states, the proposed
deadlines for SIP revisions in this
rulemaking would also change
accordingly. Under this first option, in
multi-state nonattainment areas, such as
the Chicago-Naperville area, where the
three affected states do not have the
same ozone season start date, the
deadline for the entire nonattainment
area would be the earliest ozone season
start date for any of the states (e.g., April
1, 2017, for the Chicago area).
TABLE 5—BEGINNING OF OZONE SEASON FOR STATES WITH AREAS IDENTIFIED FOR RECLASSIFICATION TO MODERATE
FOR THE 2008 OZONE NAAQS
2008 Moderate ozone
areas
State
Current month or date
ozone season begins a
Proposed deadline for
moderate area SIP
submittal
Atlanta, GA ........................
Chicago-Naperville, IL-INWI.
Chicago-Naperville, IL-INWI.
Chicago-Naperville, IL-INWI.
Denver-Boulder-GreeleyFort Collins-Loveland,
CO.
Greater Connecticut, CT ...
Imperial County, CA ..........
Kern County (Eastern
Kern), CA.
Mariposa County, CA ........
Nevada County (Western
part), CA.
New York-N. New JerseyLong Island, NY-NJ-CT.
New York-N. New JerseyLong Island, NY-NJ-CT.
New York-N. New JerseyLong Island, NY-NJ-CT.
Phoenix-Mesa, AZ .............
San Diego County, CA ......
Georgia .............................
Illinois ................................
March ................................
April ...................................
1-Mar-17 ............................
1-Apr-17 ............................
No change.
March.
Indiana ..............................
April ...................................
1-Apr-17 ............................
March.
Wisconsin ..........................
15-Apr ...............................
15-Apr-17 ..........................
15-Mar.
Colorado ............................
March ................................
1-Mar-17 ............................
January.
Connecticut .......................
California ...........................
California ...........................
April ...................................
January .............................
January .............................
1-Apr-17 ............................
1-Jan-17 ............................
1-Jan-17 ............................
March.
No change.
No change.
California ...........................
California ...........................
January .............................
January .............................
1-Jan-17 ............................
1-Jan-17 ............................
No change.
No change.
New Jersey .......................
April ...................................
1-Apr-17 ............................
March.
New York ..........................
April ...................................
1-Apr-17 ............................
March.
Connecticut .......................
April ...................................
1-Apr-17 ............................
March.
Arizona ..............................
California ...........................
January .............................
January .............................
1-Jan-17 ............................
1-Jan-17 ............................
No change.
No change.
a Table
Proposed month or date
ozone season begins b
D–3 of Appendix D to Part 58—Ozone Monitoring Season by State. First day of beginning month except for WI.
of ozone season proposed in the ozone NAAQS revision proposal (79 FR 75234, December 17, 2014).
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b Beginning
Under the second option, the EPA
proposes that the deadline for the
required SIP revisions for areas that
would be reclassified under this
rulemaking would be as expeditiously
as practicable, but no later than January
1, 2017. By establishing a single specific
submittal date, this option would
establish a consistent deadline for all 11
areas, similar to the single uniform SIP
submission deadline that would have
applied to all areas if they had been
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initially classified as Moderate. A
uniform deadline of January 1, 2017, is
reasonable because it would provide all
states with approximately 1 year after
these reclassifications are finalized to
develop complete SIP submissions, and
it is the latest SIP submittal date that
would be compatible with ensuring
controls are in place no later than the
start of the attainment year ozone season
for all of the 11 reclassified areas.
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The EPA solicits comments on both of
these proposed options for deadlines to
submit the required SIP revisions that
would apply to states after any current
Marginal nonattainment area for the
2008 ozone NAAQS is reclassified to
Moderate.
With regard to the New York-N. New
Jersey-Long Island (NY–NJ–CT)
nonattainment area, the EPA notes that
in addition to the actions related to the
2008 ozone standard addressed in this
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proposed rulemaking, on May 15, 2014,
the agency proposed to rescind the
clean data determination (CDD) for that
nonattainment area under the 1997 8hour ozone standard because the EPA
determined that the area was no longer
attaining the 1997 ozone NAAQS (79 FR
27830, ‘‘May 2014 proposal
document’’). The CDD, issued by the
EPA in June 2012, suspended the three
states’ obligations to meet attainmentrelated planning requirements for that
standard, including submitting
attainment demonstrations, RACM, RFP
plans, and contingency measures. In the
May 2014 proposal document, the EPA
proposed to find that the New Jersey,
New York, and Connecticut’s SIPs were
substantially inadequate to demonstrate
attainment of the 1997 ozone NAAQS,
and the agency proposed to issue a SIP
Call under the authority of CAA section
110(k)(5) requiring the states to submit
revised SIPs within 18 months to
demonstrate how the New York-N. New
Jersey-Long Island nonattainment area
would re-attain the 1997 standard as
expeditiously as practicable.
One option proposed by the EPA in
the May 2014 proposal document would
permit the relevant states to respond to
the final SIP Call by requesting to be
reclassified to Moderate for the 2008
ozone standard (see CAA section
181(b)(3)), which would consequently
require that the states submit SIPs
demonstrating how they would attain
the more stringent 2008 standard as
expeditiously as practicable. We
proposed that this alternative response
of submitting an attainment plan for the
2008 ozone standard would satisfy a
final SIP Call on the 1997 ozone
standard because an approvable plan
would demonstrate compliance with a
more stringent NAAQS.
The public comment period for the
May 2014 proposal document closed on
June 16, 2014, and the EPA is reviewing
comments received on the proposal.
However, given that this action
proposes to find that the New York-N.
New Jersey-Long Island nonattainment
area has failed to attain the 2008 ozone
standard by its Marginal attainment date
of July 20, 2015, and must be
reclassified to Moderate by operation of
law in accordance with CAA section
181(b)(2)(A), this proposed action
would effectively eliminate the need for
the three affected states to request
reclassification for the area under the
option described in the May 2014
proposal document. Although we are
not taking final action in this document
on the proposed CDD rescission and SIP
Call (79 FR 27830), the actions which
may occur pursuant to this proposal
(i.e., a final finding of failure to attain
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the 2008 standard by the applicable
attainment date, reclassification of the
area as Moderate, and a state submittal
of a Moderate area attainment
demonstration) would, thus, also serve
to satisfy a final SIP Call under CAA
section 110(k)(5). We also note that
either of the 2008 ozone attainment plan
due dates proposed in this document
would meet the statutory timeframe for
the SIP revision due subsequent to a SIP
Call for the 1997 ozone NAAQS for the
area.
E. Summary of Proposed Actions
The actions proposed in this
document affect the 36 nonattainment
areas for the 2008 ozone NAAQS that
were initially designated and classified
Marginal effective July 20, 2012, based
on their individual design values. The
design value of an area is represented by
the annual fourth-highest daily
maximum 8-hour average ozone
concentration measured at each monitor
in the area, averaged over a consecutive
3-year period. According to CAA section
181(a)(1), as interpreted by EPA
regulations at 40 CFR 51.1103,
nonattainment Marginal areas are
required to attain the standard ‘‘as
expeditiously as practicable’’ but no
later than 3 years after the designation
effective date of July 20, 2012 (i.e., no
later than July 20, 2015). CAA section
181(b)(2)(A) requires that within six
months of the attainment date, which,
in the case of the Marginal areas that are
the subject of this document, was July
20, 2015, the EPA must determine,
based on the ozone nonattainment area’s
design value as of the attainment date,
whether the area attained the ozone
standard by that date. A Marginal
nonattainment area has attained the
2008 ozone NAAQS by the attainment
date if its design value is equal to or less
than 0.075 ppm based on data from the
period 2012–2014. If the EPA
determines that an area has failed to
attain by its attainment date, CAA
section 181(b)(2) requires that those
areas be reclassified to the higher of (i)
the next highest classification, or (ii) the
classification that corresponds with the
area’s design value as of the time that
the EPA publishes the document
identifying the areas that have failed to
attain by their attainment date.
Accordingly, the EPA is proposing that
the following 11 Marginal
nonattainment areas failed to attain the
2008 ozone NAAQS by July 20, 2015,
and must be reclassified as Moderate:
Atlanta, GA; Chicago-Naperville, IL-INWI; Denver-Boulder-Greeley-Fort
Collins-Loveland, CO; Greater
Connecticut, CT; Imperial County, CA;
Kern County (Eastern Kern), CA;
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Mariposa County, CA; Nevada County
(Western part), CA; New York-N. New
Jersey-Long Island, NY-NJ-CT; PhoenixMesa, AZ; and, San Diego County, CA.
For these 11 areas, the EPA is further
proposing that the responsible states
must submit SIP revisions to fulfill the
CAA’s Moderate area requirements by
one of the following two alternative
deadlines: Option 1—as expeditiously
as practicable but not later than the start
of each nonattainment area’s 2017 ozone
season; Option 2—as expeditiously as
practicable but not later than January 1,
2017. The EPA is taking comment on
the determinations of failure to attain
and subsequent reclassifications of each
of these 11 nonattainment areas from
Marginal to Moderate, and on an
appropriate deadline for responsible
states to submit SIP revisions to fulfill
Moderate area requirements for these
areas.
Upon application by any state, the
Administrator may extend the 2008
ozone attainment date by 1 year, in
accordance with CAA section 181(a)(5)
and 40 CFR 51.1107, provided that the
state has complied with all
requirements and commitments
pertaining to the area in the applicable
implementation plan, and the area’s
fourth highest daily maximum 8-hour
average value for the last full year of air
quality data prior to the July 20, 2015,
attainment date (i.e., 2014) is at or below
0.075 ppm. Based on state requests and
a review of 2014 ozone air quality data,
the EPA is proposing to grant 1-year
extensions of the attainment date to July
20, 2016 (from July 20, 2015) for the
following eight Marginal nonattainment
areas: Cleveland-Akron-Lorain, OH;
Houston-Galveston-Brazoria, TX;
Philadelphia-Wilmington-Atlantic City,
PA-NJ-MD-DE; Pittsburgh-Beaver
Valley, PA; San Luis Obispo County
(Eastern part), CA; Sheboygan, WI; St.
Louis-St. Charles-Farmington, MO-IL;
and, Washington, DC-MD-VA. The EPA
is taking comment on the 1-year
attainment date extensions for each of
these eight areas.
For the 17 remaining 2008 ozone
NAAQS nonattainment areas currently
classified as Marginal, the EPA is
proposing to determine that each area
has ozone design values for the 2012–
14 period at or below 0.075 ppm, and,
thus, each area has attained the NAAQS
by the attainment date of July 20, 2015.
The 17 areas are: Allentown-BethlehemEaston, PA; Baton Rouge, LA; Calaveras
County, CA; Charlotte-Gastonia-Rock
Hill, NC-SC; Chico (Butte County), CA;
Cincinnati, OH-KY-IN; Columbus, OH;
Dukes County, MA; Jamestown, NY;
Knoxville, TN; Lancaster, PA; Memphis,
TN-MS-AR; Reading, PA; San Francisco
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Bay Area, CA; Seaford, DE; Tuscan
Buttes, CA; and, Upper Green River
Basin, WY. The EPA is taking comment
on the determinations of attainment by
the applicable attainment date for these
17 areas.
IV. Environmental Justice
Considerations
The CAA requires that states with
areas designated as nonattainment
submit to the Administrator the
appropriate SIP revisions and
implement specified control measures
by certain dates applicable to the area’s
classification. By requiring additional
planning and implementation
requirements for the 11 nonattainment
areas proposed to be reclassified from
Marginal to Moderate, the part of this
action reclassifying the areas from
Marginal to Moderate will protect all
those residing, working, attending
school, or otherwise present in those
areas regardless of minority or economic
status.
V. Statutory and Executive Order
Reviews
rmajette on DSK2VPTVN1PROD with PROPOSALS
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was, therefore, not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
The information collection activities
associated with this proposed rule were
submitted for approval to the OMB
under the PRA as part of the
information collection assessment for
the 2008 ozone NAAQS SIP
Requirements Rule. The Information
Collection Request (ICR) document
prepared by the EPA has been assigned
the EPA ICR number 2347.01. You can
find a copy of the ICR in the docket for
the 2008 ozone NAAQS SIP
Requirements Rule 15 (EPA–HQ–OAR–
2010–0885), and in the docket for this
rule (EPA–HQ–OAR–2015–0468). The
ICR is briefly summarized here.
The EPA issued the 2008 ozone
NAAQS SIP Requirements Rule to
provide states with assistance in
interpreting how CAA requirements
apply to their nonattainment areas when
the states develop their SIPs for
attaining and maintaining the 2008
ozone NAAQS. The intended effect of
the SIP Requirements Rule—in
conjunction with other rules that
address additional aspects of
implementation, such as this proposed
action—is to provide assistance to states
regarding their planning obligations
such that states may begin SIP
development. In preparing its analysis
of the estimated paperwork burden
associated with the SIP Requirements
Rule and additional rules providing
clarity on implementation of the 2008
ozone NAAQS, the EPA calculated that
burden for the 46 areas designated nonattainment under that standard.16 17 The
estimate in the ICR included the
assumption that 10 nonattainment areas
originally classified as Marginal would
require reclassification to Moderate after
the July 20, 2015, attainment date for
Marginal nonattainment areas. If this
proposed action is finalized, 11
nonattainment areas originally classified
as Marginal would be reclassified to
Moderate. Therefore, we believe that the
original estimate in the ICR has fairly
quantified the information collection
activities that will be associated with
the 11 areas we proposed to reclassify
in this action. Upon finalization of the
reclassification to Moderate, the states
with jurisdiction over the 11 areas will
be required to prepare an attainment
demonstration as well as submit SIP
revisions for purposes of meeting RFP
requirements and RACT. The attainment
demonstration requirement is codified
at 40 CFR 51.908, which implements
CAA subsections 172(c)(1), 182(b)(1)(A)
and 182(c)(2)(B). The RFP SIP
submission requirement is codified at
40 CFR 51.910, which implements CAA
subsections 172(c)(2) and 182(b)(1)(A),
and the RACT SIP submission
requirement is codified at 40 CFR
51.912, which implements CAA
subsections 172(c)(1) 182(b)(2),(c),(d)
and (e).
States should already have
information from emission sources, as
facilities should have provided this
information to meet 1-hour and 1997 8hour ozone NAAQS SIP requirements,
operating permits and/or emissions
reporting requirements. Such
information does not generally reveal
the details of production processes. But,
to the extent it may, CBI for the affected
facilities is protected. Specifically,
submissions of emissions and control
efficiency information that is
confidential, proprietary and trade
secret is protected from disclosure
under the requirements of subsections
503(e) and 114(c) of the CAA.
The annual burden for the
information collection associated with
all 46 nonattainment areas, averaged
over the first 3 years of the ICR, was
estimated to be a total of 120,000 labor
16 77
15 80
FR 12264, March 6, 2015.
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17 77
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FR 30088, May 21, 2012.
FR 34227, June 11, 2012.
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52001
hours per year at an annual labor cost
of $2.4 million (present value) over the
3-year period, or approximately $91,000
per state for the 25 state respondents
and the District of Columbia. The
average annual reporting burden is 690
hours per response, with approximately
two responses per state for 58 state
responses.18 There are no capital or
operating and maintenance costs
associated with the SIP Requirements
Rule’s or this proposed rule’s
requirements. Burden is defined at 5
CFR 1320.3(b).
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 the EPA’s regulations in 40
CFR are listed in 40 CFR part 9.
The comment period on the agency’s
need for this information ran from June
6, 2013, to August 5, 2013.19 No
comments were received on the
accuracy of the provided burden
estimates and any suggested methods
for minimizing respondent burden. The
EPA public docket for this rule includes
the ICR approved in conjunction with
the 2008 ozone NAAQS SIP
Requirements Rule.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities. The proposed determinations of
attainment and failure to attain the 2008
ozone NAAQS (and resulting
reclassifications), and the proposed
determination to grant 1-year attainment
date extensions do not in and of
themselves create any new requirements
beyond what is mandated by the CAA.
Instead, this rulemaking only makes
factual determinations, and does not
directly regulate any entities.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action imposes no
enforceable duty on any state, local or
tribal governments or the private sector.
18 State responses are the number of SIP revisions
required from the respective states to satisfy their
2008 ozone nonattainment requirements. Due to an
oversight in the original submitted ICR, the
estimated number of state responses (58) does not
include the one required SIP revision for the
Mississippi portion of the multi-state Memphis
nonattainment area.
19 78 FR 34178, June 6, 2013.
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E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action has tribal implications.
However, it will neither impose
substantial direct compliance costs on
federally recognized tribal governments,
nor preempt tribal law. The EPA has
identified a number of tribal areas
implicated in the 36 areas covered by
the EPA’s proposed determinations of
attainment and failure to attain the 2008
ozone NAAQS (and resulting
reclassifications), and the proposed
determination to grant 1-year attainment
date extensions. We intend to
communicate with potentially affected
tribes located within the boundaries of
the nonattainment areas for the 2008
ozone NAAQS as we move forward in
developing a final rule.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
rmajette on DSK2VPTVN1PROD with PROPOSALS
I. National Technology Transfer
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes the human health or
environmental risk addressed by this
action will not have potential
disproportionately high and adverse
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human health or environmental effects
on minority, low-income or indigenous
populations. The results of this
evaluation are contained in the section
of the preamble titled ‘‘Environmental
Justice Considerations.’’
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 19, 2015.
Janet G. McCabe,
Acting Assistant Administrator.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2015–0512; FRL–9932–79–
Region 7]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Kansas; Infrastructure SIP
Requirements for the 2008 Ozone
National Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
an element of a State Implementation
Plan (SIP) submission from the State of
Kansas addressing the applicable
requirements of Clean Air Act (CAA)
section 110 for the 2008 National
Ambient Air Quality Standards
(NAAQS) for Ozone (O3), which
requires that each state adopt and
submit a SIP to support implementation,
maintenance, and enforcement of each
new or revised NAAQS promulgated by
EPA. These SIPs are commonly referred
to as ‘‘infrastructure’’ SIPs. The
infrastructure requirements are designed
to ensure that the structural components
of each state’s air quality management
program are adequate to meet the state’s
responsibilities under the CAA.
DATES: Comments on this proposed
action must be received in writing by
September 28, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2015–0512, by mail to Lachala
Kemp, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
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FOR FURTHER INFORMATION CONTACT:
Lachala Kemp, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7214 or by email at
kemp.lachala@epa.gov.
In the
final rules section of this Federal
Register, EPA is approving the state’s
SIP revision as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
revision amendment and anticipates no
relevant adverse comments to this
action. A detailed rationale for the
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this action,
no further activity is contemplated in
relation to this action. If EPA receives
relevant adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed action. EPA will
not institute a second comment period
on this action. Any parties interested in
commenting on this action should do so
at this time. Please note that if EPA
receives adverse comment on part of
this rule and if that part can be severed
from the remainder of the rule, EPA may
adopt as final those parts of the rule that
are not the subject of an adverse
comment. For additional information,
see the direct final rule which is located
in the rules section of this Federal
Register.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2015–21196 Filed 8–26–15; 8:45 am]
SUMMARY:
Lenexa, Kansas 66219. Comments may
also be submitted electronically or
through hand delivery/courier by
following the detailed instructions in
the ADDRESSES section of the direct final
rule located in the rules section of this
Federal Register.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements.
Dated: August 12, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.
[FR Doc. 2015–20894 Filed 8–26–15; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Proposed Rules]
[Pages 51992-52002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21196]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-HQ-OAR-2015-0468; FRL-9933-06-OAR]
Determinations of Attainment by the Attainment Date, Extensions
of the Attainment Date, and Reclassification of Several Areas
Classified as Marginal for the 2008 Ozone National Ambient Air Quality
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing three
separate and independent determinations related to the 36 areas that
are currently classified as ``Marginal'' for the 2008 ozone National
Ambient Air Quality Standards (NAAQS). First, the EPA is proposing to
determine that 17 areas attained the 2008 ozone NAAQS by the applicable
attainment date of July 20, 2015, based on complete, quality-assured
and certified ozone monitoring data for 2012-2014. Second, the EPA is
proposing to grant 1-year attainment date extensions for eight areas on
the basis that the requirements for such extensions under the Clean Air
Act (CAA or Act) have been met. Third, the EPA is proposing to
determine that 11 areas failed to attain the 2008 ozone NAAQS by the
applicable attainment date of July 20, 2015, and that they are not
eligible for an extension, and to reclassify these areas as
``Moderate'' for the 2008 ozone NAAQS. Once reclassified as Moderate,
states must submit State Implementation Plan (SIP) revisions that meet
the statutory and regulatory requirements that apply to 2008 ozone
NAAQS nonattainment areas classified as Moderate. In this action, the
EPA is proposing and taking comment on two options for the deadline by
which states would need to submit to the EPA for review and approval
the SIP revisions required for Moderate areas once their areas are
reclassified.
DATES: Comments. Comments must be received on or before September 28,
2015. Public Hearings. If anyone contacts us requesting a public
hearing on or before September 11, 2015, we will hold a public hearing.
Please refer to SUPPLEMENTARY INFORMATION for additional information on
the comment period and the public hearing.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-OAR-
2015-0468, to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. The
EPA may publish any comment received to its public docket. Do not
submit electronically any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. If you need to include CBI as part of your
comment, please visit https://www.epa.gov/dockets/comments.html for
instructions. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. For additional submission methods, the full EPA public comment
policy, and general guidance on making effective comments, please visit
https://www.epa.gov/dockets/comments.html.
FOR FURTHER INFORMATION CONTACT: Mr. Cecil (Butch) Stackhouse, Office
of Air Quality Planning and Standards, Air Quality Policy Division,
Mail Code C539-01, Research Triangle Park, NC 27711, telephone (919)
541-5208; fax number: (919) 541-5315; email address:
stackhouse.butch@epa.gov.
[[Page 51993]]
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
Entities potentially affected by this action include states
(typically state air pollution control agencies), the District of
Columbia and, in some cases, tribal governments. In particular, 26
states \1\ with areas designated nonattainment and classified as
``Marginal'' for the 2008 ozone NAAQS and the District of Columbia are
affected by this action. Entities potentially affected indirectly by
this proposal include owners and operators of sources of volatile
organic compounds (VOC) and nitrogen oxides (NOX) emissions
that contribute to ground-level ozone formation within the subject
ozone nonattainment areas.
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\1\ AR, AZ, CA, CO, CT, DE, GA, IL, IN, KY, LA, MA, MD, MO, MS,
NC, NJ, NY, OH, PA, SC, TN, TX, VA, WI and WY.
---------------------------------------------------------------------------
B. What should I consider as I prepare my comments for the EPA?
1. Submitting CBI. Do not submit this information to the EPA
through https://www.regulations.gov or email. Clearly mark the part or
all of the information that you claim to be CBI. For CBI information in
a disk or CD-ROM that you mail to the EPA, mark the outside of the disk
or CD-ROM as CBI and then identify electronically within the disk or
CD-ROM the specific information that is claimed as CBI. In addition to
one complete version of the comment that includes information claimed
as CBI, a copy of the comment that does not contain the information
claimed to be CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
C. Where can I get a copy of this document and other related
information?
In addition to being available in the docket, an electronic copy of
this document will be posted at https://www.epa.gov/airquality/ozonepollution/actions.html#impl.
D. What information should I know about a possible public hearing?
To request a public hearing or information pertaining to a public
hearing on this document, contact Ms. Pamela Long at (919) 541-0641
before 5 p.m. on September 11, 2015. If requested, further details
concerning a public hearing for this proposed rule will be published in
a separate Federal Register document. For updates and additional
information on a public hearing, please check the EPA's Web site for
this rulemaking at https://www.epa.gov/airquality/ozonepollution/actions.html#impl.
E. How is this preamble organized?
The information presented in this preamble is organized as follows.
I. General Information
A. Does this action apply to me?
B. What should I consider as I prepare my comments for EPA?
C. Where can I get a copy of this document and other related
information?
D. What information should I know about a possible public
hearing?
E. How is this preamble organized?
II. Overview and Basis of Proposal
A. Overview of Proposal
B. What is the background for the proposed actions?
C. What is the statutory authority for the proposed actions?
D. How does the EPA determine whether an area has attained the
2008 ozone standard?
III. What is the EPA proposing and what is the rationale?
A. Determination of Attainment
B. Extension of Marginal Area Attainment Dates
C. Determinations of Failure To Attain and Reclassification
D. Moderate Area SIP Revision Submission Deadline
E. Summary of Proposed Actions
IV. Environmental Justice Considerations
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
II. Overview and Basis of Proposal
A. Overview of Proposal
CAA section 181(b)(2) requires the EPA Administrator to determine,
based on an area's design value (which represents air quality in the
area for the most recent 3 year period) \2\ as of an area's attainment
deadline, whether an ozone nonattainment area attained the ozone
standard by that date. The statute provides a mechanism by which states
that meet certain criteria may request and be granted by the EPA
Administrator a 1-year extension of an area's attainment deadline. The
CAA also requires that areas that have not attained the standard by
their attainment deadlines be reclassified to either the next
``highest'' classification (e.g., Marginal to Moderate, Moderate to
Serious, etc.) or to the classifications applicable to the areas'
design values in Table 1 of 40 CFR 51.1103. In this document, the EPA
proposes to find that 17 Marginal areas attained the 2008 NAAQS by the
applicable deadline of July 20, 2015, based on complete, quality-
assured and certified ozone monitoring data for 2012-2014.\3\ The EPA
also proposes to find that 8 Marginal areas meet the criteria, as
provided in CAA section 181(a)(5) and interpreted by regulation at 40
CFR 51.1107, to qualify for a 1-year attainment date extension for the
2008 ozone NAAQS. Finally, the EPA proposes to find that 11 Marginal
areas
[[Page 51994]]
failed to attain the 2008 ozone NAAQS by the applicable Marginal
attainment deadline of July 20, 2015, and do not qualify for a 1-year
extension. Accordingly, as required by CAA section 181(b)(2)(A), if the
EPA finalizes the determinations that these areas failed to attain, the
EPA must reclassify those 11 Marginal areas to Moderate. The
reclassified areas must attain the 2008 ozone NAAQS as expeditiously as
practicable, but no later than July 20, 2018. Table 1 provides a
summary of the EPA's proposed actions that would apply to these 36
Marginal areas.
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\2\ An area's design value for the 8-hour ozone NAAQS is the
highest 3-year average of the annual fourth highest daily maximum 8-
hour average ozone concentration of all monitors in the area. See 40
CFR part 50, appendix P.
\3\ These proposed determinations of attainment do not
constitute a redesignation to attainment. Redesignations require
states to meet a number of additional criteria, including EPA
approval of a state plan to maintain the air quality standard for 10
years after redesignation.
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The EPA is proposing in this document to apply the discretion
granted to the Administrator in the statute to adjust the statutory
deadlines for submitting required SIP revisions for reclassified
Moderate ozone nonattainment areas in order to align the SIP due dates
with the regulatory deadline for implementing reasonably available
control measures (RACM), including reasonably available control
technology (RACT), in such areas as necessary to attain the 2008 ozone
standard by the Moderate area attainment deadline of July 20, 2018.
Table 1--2008 Ozone NAAQS Marginal Nonattainment Area Evaluation Summary
----------------------------------------------------------------------------------------------------------------
Areas not attaining
2008 NAAQS eligible
2012-2014 Meets 2008 NAAQS by 2014 4th for attainment date
2008 NAAQS Nonattainment area Design value marginal attainment Highest daily extensions based on
(ppm) date maximum 8-hr 2014 4th highest
average (ppm) daily maximum 8-hr
average <=0.075 ppm
----------------------------------------------------------------------------------------------------------------
Allentown-Bethlehem-Easton, PA.... 0.070 Attaining............ 0.068 Not applicable.
Atlanta, GA....................... 0.077 Not Attaining........ 0.079 No.
Baton Rouge, LA................... 0.072 Attaining............ 0.075 Not applicable.
Calaveras County, CA.............. 0.071 Attaining............ 0.071 Not applicable.
Charlotte-Gastonia-Rock Hill, NC- 0.073 Attaining............ 0.068 Not applicable.
SC.
Chicago-Naperville, IL-IN-WI...... 0.081 Not Attaining........ 0.076 No.
Chico (Butte County), CA.......... 0.074 Attaining............ 0.074 Not applicable.
Cincinnati, OH-KY-IN.............. 0.075 Attaining............ 0.071 Not applicable.
Cleveland-Akron-Lorain, OH........ 0.078 Not Attaining........ 0.075 Yes.
Columbus, OH...................... 0.075 Attaining............ 0.070 Not applicable.
Denver-Boulder-Greeley-Fort 0.082 Not Attaining........ 0.077 No.
Collins-Loveland, CO.
Dukes County, MA.................. 0.068 Attaining............ 0.059 Not applicable.
Greater Connecticut, CT........... 0.080 Not Attaining........ 0.077 No.
Houston-Galveston-Brazoria, TX.... 0.080 Not Attaining........ 0.072 Yes.
Imperial County, CA............... 0.080 Not Attaining........ 0.078 No.
Jamestown, NY..................... 0.071 Attaining............ 0.066 Not applicable.
Kern County (Eastern Kern), CA.... 0.084 Not Attaining........ 0.089 No.
Knoxville, TN..................... 0.067 Attaining............ 0.064 Not applicable.
Lancaster, PA..................... 0.071 Attaining............ 0.066 Not applicable.
Mariposa County, CA............... 0.078 Not Attaining........ 0.077 No.
Memphis, TN-MS-AR................. 0.073 Attaining............ 0.067 Not applicable.
Nevada County (Western part), CA.. 0.079 Not Attaining........ 0.082 No.
New York, N. New Jersey-Long 0.085 Not Attaining........ 0.081 No.
Island, NY-NJ-CT.
Philadelphia-Wilmington-Atlantic 0.077 Not Attaining........ 0.074 Yes.
City, PA-NJ-MD-DE.
Phoenix-Mesa, Arizona............. 0.080 Not Attaining........ 0.080 No.
Pittsburgh-Beaver Valley, PA...... 0.077 Not Attaining........ 0.071 Yes.
Reading, PA....................... 0.071 Attaining............ 0.068 Not applicable.
San Diego County, CA.............. 0.079 Not Attaining........ 0.079 No.
San Francisco Bay Area, CA........ 0.072 Attaining............ 0.076 Not applicable.
San Luis Obispo County (Eastern 0.076 Not Attaining........ 0.073 Yes.
San Luis Obispo), CA.
Seaford, DE....................... 0.074 Attaining............ 0.067 Not applicable.
Sheboygan, Wisconsin.............. 0.081 Not Attaining........ 0.072 Yes.
St. Louis-St. Charles-Farmington, 0.078 Not Attaining........ 0.072 Yes.
MO-IL.
Tuscan Buttes, CA................. 0.075 Attaining............ 0.076 Not applicable.
Upper Green River Basin, WY....... 0.064 Attaining............ 0.065 Not applicable.
Washington, DC-MD-VA.............. 0.076 Not Attaining........ 0.069 Yes.
----------------------------------------------------------------------------------------------------------------
B. What is the background for the proposed actions?
On March 12, 2008, the EPA issued its final action to revise the
NAAQS for ozone to establish new 8-hour standards (73 FR 16436, March
27, 2008). In that action, we promulgated identical revised primary and
secondary ozone standards, designed to protect public health and
welfare, that specified an 8-hour ozone standard of 0.075 parts per
million (ppm).\4\ Specifically, the standards require that the 3-year
average of the annual fourth highest daily maximum 8-hour average ozone
concentration may not exceed 0.075 ppm. The 2008 ozone NAAQS retains
the same general form and averaging time as the 0.08 ppm NAAQS set in
1997 but is set at a level that is more protective of public health and
the environment.
---------------------------------------------------------------------------
\4\ Since the 2008 primary and secondary NAAQS for ozone are
identical, for convenience, we refer to both as ``the 2008 ozone
NAAQS'' or ``the 2008 ozone standard.''
---------------------------------------------------------------------------
On April 30, 2012 (May 31, 2012), the EPA issued rules designating
46 areas throughout the country as nonattainment for the 2008 ozone
[[Page 51995]]
NAAQS, effective July 20, 2012 (77 FR 30088, May 21, 2012 and 77 FR
34221, June 11, 2012). In April 30, 2012, action, the EPA established
classifications for the designated nonattainment areas, and classified
36 of those areas as Marginal. We used primarily certified air quality
monitoring data from calendar years 2008-2010 \5\ to designate these
areas as nonattainment, and as the basis for their classification (77
FR 30088 and 77 FR 34221). Also in the April 30, 2012, action, the EPA
promulgated a Classifications Rule that specified some of the
requirements for implementing the 2008 ozone NAAQS under the provisions
of Subpart 2 of part D of title I of the CAA to the newly designated
nonattainment areas for the 2008 ozone standard (77 FR 30160, May 21,
2012). CAA Section 181 provides that the attainment deadline for ozone
nonattainment areas is ``as expeditiously as practicable'' but no later
than the prescribed dates that are provided in Table 1 of that section.
In the 2008 ozone NAAQS Classifications Rule, the EPA translated the
``maximum'' deadlines in Table 1 of Subpart 2 for purposes of the 2008
standard by measuring those deadlines from the effective date of the
new designations, but extended those deadlines by several months to
December 31 of the corresponding calendar year (77 FR 30166).
---------------------------------------------------------------------------
\5\ In certain cases, states included as part of their
designation recommendations a request that the EPA consider more up-
to-date monitoring data from 2009-2011 in making final designation
decisions. The EPA considered the state requests, and, accordingly,
adjusted some of the classifications based on the more recent data.
---------------------------------------------------------------------------
Pursuant to a challenge of the EPA's interpretation of the
attainment deadlines, on December 23, 2014, the D.C. Circuit issued a
decision rejecting, among other things, the Classifications Rule's
attainment deadlines for the 2008 ozone nonattainment areas, finding
that the EPA did not have statutory authority under the CAA to extend
those deadlines to the end of the calendar year. NRDC v. EPA, 777 F.3d
456, 464-69 (D.C. Cir. 2014). Accordingly, as part of the final 2008
ozone NAAQS SIP Requirements Rule (80 FR 12264, March 6, 2015), the EPA
modified the maximum attainment dates for all nonattainment areas for
the 2008 ozone NAAQS, consistent with the court's decision. As relevant
here, the SIP Requirements Rule established a maximum deadline for
Marginal nonattainment areas of 3 years from the effective date of
designation, or July 20, 2015, to attain the 2008 ozone NAAQS. See 80
FR at 12268; 40 CFR 51.1103.
C. What is the statutory authority for the proposed actions?
The statutory authority for the actions proposed in this document
is provided by the CAA, as amended (42 U.S.C. 7401 et seq.). Relevant
portions of the CAA include, but are not necessarily limited to,
sections 181(a)(5) and 181(b)(2).
By way of background, CAA section 107(d) provides that when the EPA
establishes or revises a NAAQS, the agency must designate areas of the
country as nonattainment, attainment, or unclassifiable based on
whether they are not meeting (or contributing to air quality in a
nearby area that is not meeting) the NAAQS, meeting the NAAQS, or
cannot be classified as meeting or not meeting the NAAQS, respectively.
Subpart 2 of part D of title I of the CAA governs the classification,
state planning and emissions control requirements for any areas
designated as nonattainment for a revised primary ozone NAAQS. In
particular, CAA section 181(a)(1) requires each area designated as
nonattainment for a revised ozone NAAQS to be ``classified'' at the
same time as the area is designated based on the severity of the ozone
level in the area (as determined based on the area's ``design value,''
which represents air quality in the area for the most recent 3 years).
See footnote 2. Classifications for ozone nonattainment areas range
from ``Marginal'' (for areas with monitored ozone levels just exceeding
the level of the NAAQS) to ``Extreme'' (for areas with monitored ozone
levels well above the levels of the NAAQS). CAA section 182 stipulates
the specific attainment planning and additional requirements that apply
to each ozone nonattainment area based on its classification. CAA
section 182, as interpreted by the EPA's implementation regulations at
40 CFR 51.1108-1117, also establishes the timeframes by which air
agencies must submit SIP revisions to address the applicable attainment
planning elements, and the timeframes by which ozone nonattainment
areas must attain the relevant NAAQS.
Section 181(b)(2)(A) of the CAA requires that within 6 months
following the applicable attainment date, the Administrator will
determine whether an ozone nonattainment area attained the ozone
standard based on the area's design value as of that date. Section
181(a)(5) of the CAA gives the Administrator the discretion to grant a
1-year extension of the attainment date specified in CAA section 181(a)
upon application by any state if: (i) The state has complied with all
requirements and commitments pertaining to the area in the applicable
implementation plan; and (ii) no more than one measured exceedance of
the NAAQS for ozone has occurred in the area preceding the extension
year. The EPA may grant a second 1-year extension if these same
criteria are met by the end of the first extension year.\6\
---------------------------------------------------------------------------
\6\ The EPA considers the average of the annual fourth-highest
daily maximum 8-hour ozone concentrations for 2 years at each
monitoring site in an area.
---------------------------------------------------------------------------
Because CAA section 181(a)(5)(B) was written for an exceedance-
based standard, such as the 1-hour ozone NAAQS, the EPA has interpreted
through notice-and-comment rulemaking the air quality requirement of
the extension criteria for purposes of a concentration-based standard
like the 2008 8-hour ozone NAAQS. For purposes of determining an area's
eligibility for an attainment date extension for the 2008 ozone NAAQS,
the EPA has interpreted the criteria of CAA section 181(a)(5)(B) to
mean that an area's fourth highest daily maximum 8-hour value for the
attainment year \7\ is at or below the level of the standard [80 FR
12264, 12292 (March 6, 2015); 40 CFR 51.1107].
---------------------------------------------------------------------------
\7\ See 40 CFR 51.1107(a)(1).
---------------------------------------------------------------------------
In the event an area fails to attain the relevant ozone NAAQS by
the applicable attainment date, CAA section 181(b)(2)(A) requires the
Administrator to make the determination that an ozone nonattainment
area failed to attain the ozone standard by the applicable attainment
date, and subsequently requires the area to be reclassified by
operation of law to the higher of (i) the next higher classification
for the area, or (ii) the classification applicable to the area's
design value as determined at the time of the required Federal Register
document.\8\ Section 181(b)(2)(B) requires the EPA to publish a
document in the Federal Register identifying the reclassification
status of an area that has failed to attain the standard by its
attainment date no later than 6 months after the attainment date, which
in the case of the Marginal nonattainment areas addressed in this
document would be January 20, 2016.
---------------------------------------------------------------------------
\8\ All of the affected nonattainment areas addressed in this
document would be classified to the next highest classification of
Moderate. None of the affected areas has a design value that would
otherwise place it in a higher classification (e.g., Serious) under
CAA section 181(b)(2)(A)(ii).
---------------------------------------------------------------------------
Once an area is reclassified, the EPA must address the schedule by
which the state is required to submit a revised SIP for that area to,
among other things, demonstrate how the area will attain the relevant
NAAQS as expeditiously as practicable but no later than the new
[[Page 51996]]
applicable attainment date under the statute. According to CAA section
182(i), a state with a reclassified ozone nonattainment area must
submit the applicable attainment plan requirements ``according to the
schedules prescribed in connection with such requirements'' in CAA
section 182(b) for Moderate areas, section 182(c) for Serious areas,
and section 182(d) for Severe areas. However, the Act permits the
Administrator to adjust the statutory due dates that would otherwise
apply for any SIP revisions required as a result of the
reclassification ``to the extent that such adjustment is necessary or
appropriate to assure consistency among the required submissions.''
D. How does the EPA determine whether an area has attained the 2008
ozone standard?
Under EPA regulations at 40 CFR part 50, appendix P, the 2008 ozone
NAAQS is attained at a site when the 3-year average of the annual
fourth highest daily maximum 8-hour average ambient air quality ozone
concentration is less than or equal to 0.075 ppm. This 3-year average
is referred to as the design value. When the design value is less than
or equal to 0.075 ppm at each ambient air quality monitoring site
within the area, then the area is deemed to be meeting the NAAQS. The
rounding convention under 40 CFR part 50, appendix P, dictates that
concentrations shall be reported in ppm to the third decimal place,
with additional digits to the right being truncated. Thus, a computed
3-year average ozone concentration of 0.076 ppm is greater than 0.075
ppm and, therefore, over the standard.
The EPA's determination of attainment is based upon data that have
been collected and quality-assured in accordance with 40 CFR part 58
and recorded in the EPA's Air Quality System database (formerly known
as the Aerometric Information Retrieval System). Ambient air quality
monitoring data for the 3-year period must meet a data completeness
requirement. The ambient air quality monitoring data completeness
requirement is met when the average percent of required monitoring days
with valid ambient monitoring data is greater than 90 percent, and no
single year has less than 75 percent data completeness as determined
according to Appendix P of part 50.
III. What is the EPA proposing and what is the rationale?
The EPA is issuing this proposal pursuant to the agency's statutory
obligation under CAA section 181(b)(2) to determine whether the 36
Marginal ozone nonattainment areas have attained the 2008 ozone NAAQS
by the applicable attainment date of July 20, 2015. The separate
actions being taken in this proposal, as well as the rationale for
these actions, are described in the sections below.
A. Determinations of Attainment
The EPA evaluated data from air quality monitors in the 36 Marginal
nonattainment areas for the 2008 ozone NAAQS in order to determine the
areas' attainment status as of the applicable attainment date of July
20, 2015. The data were supplied and quality assured by state and local
agencies responsible for monitoring ozone air monitoring networks.
Seventeen of the 36 nonattainment areas' monitoring sites with valid
data had a design value equal to or less than 0.075 ppm based on the
2012-2014 monitoring period. Thus, the EPA proposes to determine, in
accordance with section 181(b)(2)(A) of the CAA and the provisions of
the SIP Requirements Rule (40 CFR 51.1103), that these 17 areas (listed
in Table 2 below) attained the standard by the applicable attainment
date for Marginal nonattainment areas for the 2008 ozone NAAQS. The
EPA's determination is based upon 3 years of complete, quality-assured
and certified data. Table 2 displays the 2012-2014 design value for
these 17 areas. The fourth high values for each of the 3 years used to
calculate each monitor's 2012-2014 design value are provided in the
technical support document (TSD) in the docket for this action.\9\ The
EPA is soliciting comments on these proposed determinations of
attainment by the applicable attainment date.
---------------------------------------------------------------------------
\9\ ``Technical Support Document Regarding Ozone Monitoring
Data--Determinations of Attainment, 1-Year Attainment Date
Extensions, and Reclassifications for Marginal Areas under the 2008
8-Hour Ozone National Ambient Air Quality Standard (NAAQS), EPA-HQ-
OAR-2015-0468.
Table 2--Marginal Nonattainment Areas That Attained the 2008 Ozone NAAQS
by the July 20, 2015, Attainment Date
------------------------------------------------------------------------
2012-2014
2008 Ozone NAAQS nonattainment area Design value
(ppm)
------------------------------------------------------------------------
Allentown-Bethlehem-Easton, PA.......................... 0.070
Baton Rouge, LA......................................... 0.072
Calaveras County, CA.................................... 0.071
Charlotte-Rock Hill, NC-SC \a\.......................... 0.073
Chico (Butte County), CA................................ 0.074
Cincinnati, OH-KY-IN.................................... 0.075
Columbus, OH............................................ 0.075
Dukes County, MA........................................ 0.068
Jamestown, NY........................................... 0.071
Knoxville, TN \b\....................................... 0.067
Lancaster, PA........................................... 0.071
Memphis, TN-MS-AR....................................... 0.073
Reading, PA............................................. 0.071
San Francisco Bay Area, CA.............................. 0.072
Seaford, DE............................................. 0.074
Tuscan Buttes, CA....................................... 0.075
Upper Green River Basin, WY............................. 0.064
------------------------------------------------------------------------
\a\ On July 28, 2015, the EPA redesignated to attainment the North
Carolina portion of the Charlotte-Rock Hill, NC-SC, nonattainment area
for the 2008 8-hour ozone NAAQS, effective August 27, 2015. See 80 FR
44873. Given that this area was still designated nonattainment as of
July 20, 2015, the EPA is herein proposing to determine that this area
attained the 2008 ozone NAAQS by the applicable attainment date in
order to satisfy the agency's obligation under CAA section
181(b)(2)(A) to make determinations of attainment for nonattainment
areas within 6 months following an area's applicable attainment date.
\b\ On July 13, 2015, the EPA redesignated to attainment the Knoxville,
TN, nonattainment area for the 2008 8-hour ozone NAAQS, effective
August 12, 2015. See 80 FR 39970. Given that this area was still
designated nonattainment as of July 20, 2015, the EPA is herein
proposing to determine that this area attained the 2008 ozone NAAQS by
the applicable attainment date in order to satisfy the agency's
obligation under CAA section 181(b)(2)(A) to make determinations of
attainment for nonattainment areas within 6 months following an area's
applicable attainment date.
B. Extension of Marginal Area Attainment Dates
Of the 36 Marginal nonattainment areas for the 2008 ozone NAAQS,
there are eight areas for which the EPA is proposing to grant a 1-year
attainment date extension based on determinations that these areas have
met the requirements for an extension under CAA section 181(a)(5).
Specifically, for each of the eight nonattainment areas, the EPA
received a letter from a state air agency requesting a 1-year extension
of the area's attainment date and certifying that the state is in
compliance with the applicable implementation plan, as required under
CAA section 181(a)(5)(A). In their requests, the states certified that
they have complied with all requirements and commitments pertaining to
their respective nonattainment areas in the applicable implementation
plan and that all monitors in the area have a fourth highest daily
maximum 8-hour average
[[Page 51997]]
of 0.075 ppm or less for 2014 (i.e., the last full year of air quality
data prior to the July 20, 2015, attainment date). A summary of the
information in these letters is provided in the TSD for this action.
The EPA evaluated the information submitted by each state for its
nonattainment area(s) and is proposing determinations that each state
has met the requirement of CAA section 181(a)(5)(A) for each applicable
area.\10\
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\10\ The EPA notes that while Delaware did not submit a letter
requesting a 1-year attainment date extension for the multi-state
Philadelphia nonattainment area, based on extension requests from
the other states with jurisdiction over that area, including
Pennsylvania, New Jersey, and Maryland, and the EPA's own analysis
of the CAA section 181(a)(5)(A) criteria with regard to Delaware,
the EPA is exercising its discretion to propose granting the
Philadelphia area a 1-year extension of the attainment date.
---------------------------------------------------------------------------
The EPA has also evaluated the certified air quality monitoring
data for 2014 and is proposing to determine that each of the eight
areas listed in Table 3 meets the air quality requirements of CAA
section 181(a)(5)(B) and the EPA's interpretation of that statutory
provision in 40 CFR 51.1107. As explained in Section II.C of this
preamble, the EPA has interpreted the air quality criterion in CAA
section 181(a)(5)(B) for purposes of the 2008 8-hour standard to mean
that an eligible area's fourth highest daily maximum 8-hour average in
the year preceding the attainment date is equal to or below the NAAQS
(80 FR 12292). The EPA has evaluated the data for these eight areas and
has determined that the fourth highest daily maximum 8-hour average for
each area in 2014 is equal to or below 0.075 ppm. Table 3 provides the
fourth highest daily maximum 8-hour averages for 2014 for each of the
eight Marginal nonattainment areas for which a state has requested an
attainment date extension.
Based on the EPA's evaluation and determination that eight Marginal
nonattainment areas for the 2008 ozone NAAQS that failed to attain the
NAAQS by July 20, 2015, have met the attainment date extension criteria
of CAA section 181(a)(5), the EPA is exercising its discretion to
propose granting a 1-year extension of the applicable Marginal area
attainment date to July 20, 2016, from July 20, 2015, for the
nonattainment areas listed in Table 3. If this proposal is finalized,
then the nonattainment areas would remain classified as Marginal for
the 2008 ozone NAAQS unless and until the EPA makes a determination
that the areas have not attained the NAAQS by the July 20, 2016,
attainment date. The EPA is soliciting comments on this proposal.
Table 3--Marginal Nonattainment Areas That Qualify for a 1-Year
Attainment Date Extension for the 2008 Ozone NAAQS \a\
------------------------------------------------------------------------
2014 4th
2012-2014 Highest daily
2008 Ozone NAAQS nonattainment area Design value maximum 8-hr
(ppm) average (ppm)
------------------------------------------------------------------------
Cleveland-Akron-Lorain, OH.............. 0.078 0.075
Houston-Galveston-Brazoria, TX.......... 0.080 0.072
Philadelphia-Wilmington-Atlantic City, 0.077 0.074
PA-NJ-MD-DE............................
Pittsburgh-Beaver Valley, PA............ 0.077 0.071
San Luis Obispo County (Eastern part), 0.076 0.073
CA.....................................
Sheboygan, WI........................... 0.081 0.072
St. Louis-St. Charles-Farmington, MO-IL. 0.078 0.072
Washington, DC-MD-VA.................... 0.076 0.069
------------------------------------------------------------------------
\a\ The areas listed are Marginal nonattainment areas that did not
attain the 2008 ozone standard by July 20, 2015, but qualify for an
extended attainment date to July 20, 2016, under CAA section
181(a)(5).
C. Determinations of Failure To Attain and Reclassification
The EPA is proposing to determine that 11 Marginal nonattainment
areas (listed in Table 4) have failed to attain the 2008 ozone NAAQS by
the applicable attainment date of July 20, 2015. These areas are not
eligible for a 1-year attainment date extension because the fourth
highest daily maximum 8-hour average for at least one monitor in each
area is greater than 0.075 ppm for 2014 (i.e., last full year of air
quality data prior to the July 20, 2015, attainment date). Each of
these areas failed to attain because the 2012-2014 design value for at
least one monitor in each area exceeded the 2008 ozone NAAQS of 0.075
ppm. The TSD for this action shows all monitoring data for the relevant
years for each of these nonattainment areas, as well as the 3-year
design value calculations for each area.
CAA section 181(b)(2)(A) provides that a Marginal nonattainment
area shall be reclassified by operation of law upon a determination by
the EPA that such area failed to attain the relevant NAAQS by the
applicable attainment date. Based on quality-assured ozone monitoring
data from 2012-2014, as provided in the TSD for this proposal, the new
classification applicable to each of these 11 areas would be the next
higher classification of ``Moderate'' under the CAA statutory
scheme.\11\
---------------------------------------------------------------------------
\11\ The 2012-2014 design value for each of the 11 areas does
not exceed 0.100 ppm, which is the threshold for reclassifying an
area to Serious per CAA section 181(b)(2)(A)(ii) and 40 CFR 51.1103.
---------------------------------------------------------------------------
Moderate nonattainment areas are required to attain the standard
``as expeditiously as practicable'' but no later than 6 years after the
initial designation as nonattainment (which, in the case of these 11
areas, is July 20, 2018). The attainment deadlines associated with each
classification are prescribed by the Act and codified at 40 CFR
51.1103.
We also note that the states with areas that attain the 2008 ozone
NAAQS after they are reclassified to Moderate can use the EPA's
existing Clean Data Policy. The state with areas attaining the NAAQS
could also submit a complete redesignation request with a maintenance
plan to the EPA prior to the SIP revision deadline that uses the EPA's
redesignation guidance.\12\
---------------------------------------------------------------------------
\12\ Details on the EPA's existing Clean Data Policy and
redesignation guidance are available at https://www.epa.gov/air/urbanair/sipstatus/policy.html.
---------------------------------------------------------------------------
There are a number of significant emission reduction programs that
will lead to reductions of ozone precursors, and that are in place
today or are expected to be in place by 2017 to meet the July 20, 2018
attainment date for the 2008 ozone NAAQS Moderate areas. Examples of
such rules include state
[[Page 51998]]
and federal implementation plans adopted under the Cross-State Air
Pollution Rule (CSAPR), the regional haze rule and the Best Available
Retrofit Technology (BART) requirements, as well as regulations
controlling on-road and non-road engines and fuels, Tier 3 motor
vehicle emission and fuel standards program,\13\ hazardous air
pollutant rules for utility and industrial boilers, and various other
programs already adopted by states to reduce emissions from key
emissions sources. Further, states and the EPA are currently evaluating
interstate transport obligations addressing CAA 110(a)(2)(D)(i)(I)
requirements for this NAAQS, and the state or federal plans that are
adopted to satisfy these obligations will provide a level of additional
emission reductions from upwind states that will further assist each
nonattainment area in attaining the ozone NAAQS by the Moderate
attainment area deadline.
---------------------------------------------------------------------------
\13\ 79 FR 23414 (April 29, 2014). Control of Air Pollution From
Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards.
Table 4--Marginal Nonattainment Areas That Will Be Reclassified as
Moderate Because They Did Not Attain the 2008 Ozone NAAQS by the July
20, 2015, Attainment Date
------------------------------------------------------------------------
2014 4th
2012-2014 highest daily
2008 Ozone NAAQS nonattainment area Design value maximum 8-hr
(ppm) average (ppm)
------------------------------------------------------------------------
Atlanta, GA............................. 0.077 0.079
Chicago-Naperville, IL-IN-WI............ 0.081 0.076
Denver-Boulder-Greeley-Fort Collins- 0.082 0.077
Loveland, CO...........................
Greater Connecticut, CT................. 0.080 0.077
Imperial County, CA..................... 0.080 0.078
Kern County (Eastern Kern), CA.......... 0.084 0.089
Mariposa County, CA..................... 0.078 0.077
Nevada County (Western part), CA........ 0.079 0.082
New York-N. New Jersey-Long Island, NY- 0.085 0.081
NJ-CT..................................
Phoenix-Mesa, AZ........................ 0.080 0.080
San Diego County, CA.................... 0.079 0.079
------------------------------------------------------------------------
D. Moderate Area SIP Revision Submission Deadline
For each new Moderate ozone nonattainment area, the states
responsible for managing air quality in the 11 areas identified in
Table 4 will be required to submit a revised SIP that addresses the
CAA's Moderate nonattainment area requirements, as interpreted and
described in the final SIP Requirements Rule for the 2008 ozone NAAQS.
See 40 CFR 51.1100 et seq. Those requirements include: (1) an
attainment demonstration (CAA section 182(b) and 40 CFR 51.1108); (2)
provisions for RACT (CAA section 182(b)(2) and 40 CFR 51.1112(a)-(b))
and RACM (CAA section 172(c)(1) and 40 CFR 51.1112(c)); (3) reasonable
further progress (RFP) reductions in VOC and/or NOX
emissions in the area (CAA sections 172(c)(2) and 182(b)(1) and 40 CFR
51.1110); (4) contingency measures to be implemented in the event of
failure to meet a milestone or to attain the standard (CAA section
172(c)(9)); (5) a vehicle inspection and maintenance program, if
applicable (CAA section 181(b)(4) and 40 CFR 51.350); and, (6)
NOX and VOC emission offsets at a ratio of 1.15 to 1 for
major source permits (CAA section 182(b)(5) and 40 CFR 51.165(a)). See
also the requirements for Moderate ozone nonattainment areas set forth
in CAA section 182(b) and the general nonattainment plan provisions
required under CAA section 172(c).\14\
---------------------------------------------------------------------------
\14\ All 11 of the areas reclassified to Moderate except Denver-
Boulder-Greeley-Fort Collins-Loveland, CO have been classified
Moderate or higher classification for a prior ozone NAAQS.
---------------------------------------------------------------------------
As noted elsewhere in this preamble, when an area is reclassified
under CAA section 181(b)(2), CAA section 182(i) directs that the state
shall meet the new requirements according to the schedules prescribed
in those requirements. It provides, however, ``that the Administrator
may adjust any applicable deadlines (other than attainment dates) to
the extent such adjustment is necessary or appropriate to assure
consistency among the required submissions.'' CAA section 182(b), as
interpreted by 40 CFR 51.1100 et seq., describes the required SIP
revisions and associated deadlines for a nonattainment area classified
as Moderate at the time of the initial designations. However, these SIP
submission deadlines (e.g., 3 years after the effective date of
designation for submission of an attainment plan and attainment
demonstration) have already passed. Accordingly, the EPA is proposing
to exercise its discretion under CAA section 182(i) to adjust the SIP
submittal deadlines for these 11 new Moderate nonattainment areas.
In determining an appropriate deadline for the Moderate area SIP
revisions for these 11 areas, the EPA notes that pursuant to 40 CFR
51.1108(d), for each nonattainment area, the state must provide for
implementation of all control measures needed for attainment no later
than the beginning of the attainment year ozone season. The attainment
year ozone season is the ozone season immediately preceding a
nonattainment area's attainment date. In the case of nonattainment
areas classified as Moderate for the 2008 ozone NAAQS, the attainment
year ozone season is the 2017 ozone season (40 CFR 51.1100(g)). The
ozone season is the ozone monitoring season as defined in 40 CFR part
58, appendix D, section 4.1, Table D-3 (October 17, 2006, 71 FR 61236).
We note that the EPA has proposed changes to the ozone monitoring
season in its most recent proposal to revise the ozone NAAQS (79 FR
75234, December 17, 2014). For the purposes of reclassification for the
11 Marginal nonattainment areas identified in this proposal, Table 5
provides the starting month of the ozone monitoring season for each
state with one of the 11 Marginal areas as currently codified in the
EPA's regulations. Table 5 also includes the December 17, 2014,
proposed changes, if any, to the beginning of the ozone monitoring
season in such states. If the proposed changes to the beginning of the
ozone
[[Page 51999]]
monitoring seasons are included in the final ozone NAAQS revision
(expected by October 1, 2015), and that rulemaking is finalized before
the EPA finalizes this action, the revised ozone season dates would
also apply to our adjusted deadlines for the Moderate area SIP
revisions for the areas we propose to reclassify in this document. We
also note that we believe it is reasonable to provide states with a
period of at least approximately 1 year after the reclassification is
finalized to develop and submit the Moderate area SIP revisions. This
provides time necessary for states and local air districts to finish
their review of available control measures, adopt necessary attainment
strategies, address other SIP requirements, and complete the public
notice process necessary to adopt and submit SIP revisions.
Therefore, the EPA is proposing and taking comment on two options
for setting the date by which states with jurisdiction for these 11
reclassified nonattainment areas would be required to submit for EPA
review and approval SIP revisions to address Moderate area
requirements. The first option, which is reflected in Table 5 below,
would require that states submit the required SIP revisions as
expeditiously as practicable, but no later than the beginning of the
ozone season in 2017 for each state. This proposed option would align
the SIP submittal deadline with the deadline for implementing
applicable controls, which, as noted above, is also no later than the
beginning of the ozone season in 2017 for each area. This option would
give 9 states additional time that may be needed to accomplish
planning, administrative and SIP revision processes. This option would
treat states consistently in that they would need to have submitted SIP
revisions by the beginning of their respective ozone seasons, but it
would result in SIP submittal dates that vary among the states. In
addition, as noted above, if the EPA finalizes the proposed changes to
the start dates of the ozone season in a number of states, the proposed
deadlines for SIP revisions in this rulemaking would also change
accordingly. Under this first option, in multi-state nonattainment
areas, such as the Chicago-Naperville area, where the three affected
states do not have the same ozone season start date, the deadline for
the entire nonattainment area would be the earliest ozone season start
date for any of the states (e.g., April 1, 2017, for the Chicago area).
Table 5--Beginning of Ozone Season for States With Areas Identified for Reclassification to Moderate for the
2008 Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
Current month or Proposed deadline Proposed month or
2008 Moderate ozone areas State date ozone season for moderate area date ozone season
begins \a\ SIP submittal begins \b\
----------------------------------------------------------------------------------------------------------------
Atlanta, GA..................... Georgia........... March............. 1-Mar-17.......... No change.
Chicago-Naperville, IL-IN-WI.... Illinois.......... April............. 1-Apr-17.......... March.
Chicago-Naperville, IL-IN-WI.... Indiana........... April............. 1-Apr-17.......... March.
Chicago-Naperville, IL-IN-WI.... Wisconsin......... 15-Apr............ 15-Apr-17......... 15-Mar.
Denver-Boulder-Greeley-Fort Colorado.......... March............. 1-Mar-17.......... January.
Collins-Loveland, CO.
Greater Connecticut, CT......... Connecticut....... April............. 1-Apr-17.......... March.
Imperial County, CA............. California........ January........... 1-Jan-17.......... No change.
Kern County (Eastern Kern), CA.. California........ January........... 1-Jan-17.......... No change.
Mariposa County, CA............. California........ January........... 1-Jan-17.......... No change.
Nevada County (Western part), CA California........ January........... 1-Jan-17.......... No change.
New York-N. New Jersey-Long New Jersey........ April............. 1-Apr-17.......... March.
Island, NY-NJ-CT.
New York-N. New Jersey-Long New York.......... April............. 1-Apr-17.......... March.
Island, NY-NJ-CT.
New York-N. New Jersey-Long Connecticut....... April............. 1-Apr-17.......... March.
Island, NY-NJ-CT.
Phoenix-Mesa, AZ................ Arizona........... January........... 1-Jan-17.......... No change.
San Diego County, CA............ California........ January........... 1-Jan-17.......... No change.
----------------------------------------------------------------------------------------------------------------
\a\ Table D-3 of Appendix D to Part 58--Ozone Monitoring Season by State. First day of beginning month except
for WI.
\b\ Beginning of ozone season proposed in the ozone NAAQS revision proposal (79 FR 75234, December 17, 2014).
Under the second option, the EPA proposes that the deadline for the
required SIP revisions for areas that would be reclassified under this
rulemaking would be as expeditiously as practicable, but no later than
January 1, 2017. By establishing a single specific submittal date, this
option would establish a consistent deadline for all 11 areas, similar
to the single uniform SIP submission deadline that would have applied
to all areas if they had been initially classified as Moderate. A
uniform deadline of January 1, 2017, is reasonable because it would
provide all states with approximately 1 year after these
reclassifications are finalized to develop complete SIP submissions,
and it is the latest SIP submittal date that would be compatible with
ensuring controls are in place no later than the start of the
attainment year ozone season for all of the 11 reclassified areas.
The EPA solicits comments on both of these proposed options for
deadlines to submit the required SIP revisions that would apply to
states after any current Marginal nonattainment area for the 2008 ozone
NAAQS is reclassified to Moderate.
With regard to the New York-N. New Jersey-Long Island (NY-NJ-CT)
nonattainment area, the EPA notes that in addition to the actions
related to the 2008 ozone standard addressed in this
[[Page 52000]]
proposed rulemaking, on May 15, 2014, the agency proposed to rescind
the clean data determination (CDD) for that nonattainment area under
the 1997 8-hour ozone standard because the EPA determined that the area
was no longer attaining the 1997 ozone NAAQS (79 FR 27830, ``May 2014
proposal document''). The CDD, issued by the EPA in June 2012,
suspended the three states' obligations to meet attainment-related
planning requirements for that standard, including submitting
attainment demonstrations, RACM, RFP plans, and contingency measures.
In the May 2014 proposal document, the EPA proposed to find that the
New Jersey, New York, and Connecticut's SIPs were substantially
inadequate to demonstrate attainment of the 1997 ozone NAAQS, and the
agency proposed to issue a SIP Call under the authority of CAA section
110(k)(5) requiring the states to submit revised SIPs within 18 months
to demonstrate how the New York-N. New Jersey-Long Island nonattainment
area would re-attain the 1997 standard as expeditiously as practicable.
One option proposed by the EPA in the May 2014 proposal document
would permit the relevant states to respond to the final SIP Call by
requesting to be reclassified to Moderate for the 2008 ozone standard
(see CAA section 181(b)(3)), which would consequently require that the
states submit SIPs demonstrating how they would attain the more
stringent 2008 standard as expeditiously as practicable. We proposed
that this alternative response of submitting an attainment plan for the
2008 ozone standard would satisfy a final SIP Call on the 1997 ozone
standard because an approvable plan would demonstrate compliance with a
more stringent NAAQS.
The public comment period for the May 2014 proposal document closed
on June 16, 2014, and the EPA is reviewing comments received on the
proposal. However, given that this action proposes to find that the New
York-N. New Jersey-Long Island nonattainment area has failed to attain
the 2008 ozone standard by its Marginal attainment date of July 20,
2015, and must be reclassified to Moderate by operation of law in
accordance with CAA section 181(b)(2)(A), this proposed action would
effectively eliminate the need for the three affected states to request
reclassification for the area under the option described in the May
2014 proposal document. Although we are not taking final action in this
document on the proposed CDD rescission and SIP Call (79 FR 27830), the
actions which may occur pursuant to this proposal (i.e., a final
finding of failure to attain the 2008 standard by the applicable
attainment date, reclassification of the area as Moderate, and a state
submittal of a Moderate area attainment demonstration) would, thus,
also serve to satisfy a final SIP Call under CAA section 110(k)(5). We
also note that either of the 2008 ozone attainment plan due dates
proposed in this document would meet the statutory timeframe for the
SIP revision due subsequent to a SIP Call for the 1997 ozone NAAQS for
the area.
E. Summary of Proposed Actions
The actions proposed in this document affect the 36 nonattainment
areas for the 2008 ozone NAAQS that were initially designated and
classified Marginal effective July 20, 2012, based on their individual
design values. The design value of an area is represented by the annual
fourth-highest daily maximum 8-hour average ozone concentration
measured at each monitor in the area, averaged over a consecutive 3-
year period. According to CAA section 181(a)(1), as interpreted by EPA
regulations at 40 CFR 51.1103, nonattainment Marginal areas are
required to attain the standard ``as expeditiously as practicable'' but
no later than 3 years after the designation effective date of July 20,
2012 (i.e., no later than July 20, 2015). CAA section 181(b)(2)(A)
requires that within six months of the attainment date, which, in the
case of the Marginal areas that are the subject of this document, was
July 20, 2015, the EPA must determine, based on the ozone nonattainment
area's design value as of the attainment date, whether the area
attained the ozone standard by that date. A Marginal nonattainment area
has attained the 2008 ozone NAAQS by the attainment date if its design
value is equal to or less than 0.075 ppm based on data from the period
2012-2014. If the EPA determines that an area has failed to attain by
its attainment date, CAA section 181(b)(2) requires that those areas be
reclassified to the higher of (i) the next highest classification, or
(ii) the classification that corresponds with the area's design value
as of the time that the EPA publishes the document identifying the
areas that have failed to attain by their attainment date. Accordingly,
the EPA is proposing that the following 11 Marginal nonattainment areas
failed to attain the 2008 ozone NAAQS by July 20, 2015, and must be
reclassified as Moderate: Atlanta, GA; Chicago-Naperville, IL-IN-WI;
Denver-Boulder-Greeley-Fort Collins-Loveland, CO; Greater Connecticut,
CT; Imperial County, CA; Kern County (Eastern Kern), CA; Mariposa
County, CA; Nevada County (Western part), CA; New York-N. New Jersey-
Long Island, NY-NJ-CT; Phoenix-Mesa, AZ; and, San Diego County, CA. For
these 11 areas, the EPA is further proposing that the responsible
states must submit SIP revisions to fulfill the CAA's Moderate area
requirements by one of the following two alternative deadlines: Option
1--as expeditiously as practicable but not later than the start of each
nonattainment area's 2017 ozone season; Option 2--as expeditiously as
practicable but not later than January 1, 2017. The EPA is taking
comment on the determinations of failure to attain and subsequent
reclassifications of each of these 11 nonattainment areas from Marginal
to Moderate, and on an appropriate deadline for responsible states to
submit SIP revisions to fulfill Moderate area requirements for these
areas.
Upon application by any state, the Administrator may extend the
2008 ozone attainment date by 1 year, in accordance with CAA section
181(a)(5) and 40 CFR 51.1107, provided that the state has complied with
all requirements and commitments pertaining to the area in the
applicable implementation plan, and the area's fourth highest daily
maximum 8-hour average value for the last full year of air quality data
prior to the July 20, 2015, attainment date (i.e., 2014) is at or below
0.075 ppm. Based on state requests and a review of 2014 ozone air
quality data, the EPA is proposing to grant 1-year extensions of the
attainment date to July 20, 2016 (from July 20, 2015) for the following
eight Marginal nonattainment areas: Cleveland-Akron-Lorain, OH;
Houston-Galveston-Brazoria, TX; Philadelphia-Wilmington-Atlantic City,
PA-NJ-MD-DE; Pittsburgh-Beaver Valley, PA; San Luis Obispo County
(Eastern part), CA; Sheboygan, WI; St. Louis-St. Charles-Farmington,
MO-IL; and, Washington, DC-MD-VA. The EPA is taking comment on the 1-
year attainment date extensions for each of these eight areas.
For the 17 remaining 2008 ozone NAAQS nonattainment areas currently
classified as Marginal, the EPA is proposing to determine that each
area has ozone design values for the 2012-14 period at or below 0.075
ppm, and, thus, each area has attained the NAAQS by the attainment date
of July 20, 2015. The 17 areas are: Allentown-Bethlehem-Easton, PA;
Baton Rouge, LA; Calaveras County, CA; Charlotte-Gastonia-Rock Hill,
NC-SC; Chico (Butte County), CA; Cincinnati, OH-KY-IN; Columbus, OH;
Dukes County, MA; Jamestown, NY; Knoxville, TN; Lancaster, PA; Memphis,
TN-MS-AR; Reading, PA; San Francisco
[[Page 52001]]
Bay Area, CA; Seaford, DE; Tuscan Buttes, CA; and, Upper Green River
Basin, WY. The EPA is taking comment on the determinations of
attainment by the applicable attainment date for these 17 areas.
IV. Environmental Justice Considerations
The CAA requires that states with areas designated as nonattainment
submit to the Administrator the appropriate SIP revisions and implement
specified control measures by certain dates applicable to the area's
classification. By requiring additional planning and implementation
requirements for the 11 nonattainment areas proposed to be reclassified
from Marginal to Moderate, the part of this action reclassifying the
areas from Marginal to Moderate will protect all those residing,
working, attending school, or otherwise present in those areas
regardless of minority or economic status.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
The information collection activities associated with this proposed
rule were submitted for approval to the OMB under the PRA as part of
the information collection assessment for the 2008 ozone NAAQS SIP
Requirements Rule. The Information Collection Request (ICR) document
prepared by the EPA has been assigned the EPA ICR number 2347.01. You
can find a copy of the ICR in the docket for the 2008 ozone NAAQS SIP
Requirements Rule \15\ (EPA-HQ-OAR-2010-0885), and in the docket for
this rule (EPA-HQ-OAR-2015-0468). The ICR is briefly summarized here.
---------------------------------------------------------------------------
\15\ 80 FR 12264, March 6, 2015.
---------------------------------------------------------------------------
The EPA issued the 2008 ozone NAAQS SIP Requirements Rule to
provide states with assistance in interpreting how CAA requirements
apply to their nonattainment areas when the states develop their SIPs
for attaining and maintaining the 2008 ozone NAAQS. The intended effect
of the SIP Requirements Rule--in conjunction with other rules that
address additional aspects of implementation, such as this proposed
action--is to provide assistance to states regarding their planning
obligations such that states may begin SIP development. In preparing
its analysis of the estimated paperwork burden associated with the SIP
Requirements Rule and additional rules providing clarity on
implementation of the 2008 ozone NAAQS, the EPA calculated that burden
for the 46 areas designated non-attainment under that
standard.16 17 The estimate in the ICR included the
assumption that 10 nonattainment areas originally classified as
Marginal would require reclassification to Moderate after the July 20,
2015, attainment date for Marginal nonattainment areas. If this
proposed action is finalized, 11 nonattainment areas originally
classified as Marginal would be reclassified to Moderate. Therefore, we
believe that the original estimate in the ICR has fairly quantified the
information collection activities that will be associated with the 11
areas we proposed to reclassify in this action. Upon finalization of
the reclassification to Moderate, the states with jurisdiction over the
11 areas will be required to prepare an attainment demonstration as
well as submit SIP revisions for purposes of meeting RFP requirements
and RACT. The attainment demonstration requirement is codified at 40
CFR 51.908, which implements CAA subsections 172(c)(1), 182(b)(1)(A)
and 182(c)(2)(B). The RFP SIP submission requirement is codified at 40
CFR 51.910, which implements CAA subsections 172(c)(2) and
182(b)(1)(A), and the RACT SIP submission requirement is codified at 40
CFR 51.912, which implements CAA subsections 172(c)(1)
182(b)(2),(c),(d) and (e).
---------------------------------------------------------------------------
\16\ 77 FR 30088, May 21, 2012.
\17\ 77 FR 34227, June 11, 2012.
---------------------------------------------------------------------------
States should already have information from emission sources, as
facilities should have provided this information to meet 1-hour and
1997 8-hour ozone NAAQS SIP requirements, operating permits and/or
emissions reporting requirements. Such information does not generally
reveal the details of production processes. But, to the extent it may,
CBI for the affected facilities is protected. Specifically, submissions
of emissions and control efficiency information that is confidential,
proprietary and trade secret is protected from disclosure under the
requirements of subsections 503(e) and 114(c) of the CAA.
The annual burden for the information collection associated with
all 46 nonattainment areas, averaged over the first 3 years of the ICR,
was estimated to be a total of 120,000 labor hours per year at an
annual labor cost of $2.4 million (present value) over the 3-year
period, or approximately $91,000 per state for the 25 state respondents
and the District of Columbia. The average annual reporting burden is
690 hours per response, with approximately two responses per state for
58 state responses.\18\ There are no capital or operating and
maintenance costs associated with the SIP Requirements Rule's or this
proposed rule's requirements. Burden is defined at 5 CFR 1320.3(b).
---------------------------------------------------------------------------
\18\ State responses are the number of SIP revisions required
from the respective states to satisfy their 2008 ozone nonattainment
requirements. Due to an oversight in the original submitted ICR, the
estimated number of state responses (58) does not include the one
required SIP revision for the Mississippi portion of the multi-state
Memphis nonattainment area.
---------------------------------------------------------------------------
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 the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
The comment period on the agency's need for this information ran
from June 6, 2013, to August 5, 2013.\19\ No comments were received on
the accuracy of the provided burden estimates and any suggested methods
for minimizing respondent burden. The EPA public docket for this rule
includes the ICR approved in conjunction with the 2008 ozone NAAQS SIP
Requirements Rule.
---------------------------------------------------------------------------
\19\ 78 FR 34178, June 6, 2013.
---------------------------------------------------------------------------
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. The proposed
determinations of attainment and failure to attain the 2008 ozone NAAQS
(and resulting reclassifications), and the proposed determination to
grant 1-year attainment date extensions do not in and of themselves
create any new requirements beyond what is mandated by the CAA.
Instead, this rulemaking only makes factual determinations, and does
not directly regulate any entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
state, local or tribal governments or the private sector.
[[Page 52002]]
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action has tribal implications. However, it will neither
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law. The EPA has identified a
number of tribal areas implicated in the 36 areas covered by the EPA's
proposed determinations of attainment and failure to attain the 2008
ozone NAAQS (and resulting reclassifications), and the proposed
determination to grant 1-year attainment date extensions. We intend to
communicate with potentially affected tribes located within the
boundaries of the nonattainment areas for the 2008 ozone NAAQS as we
move forward in developing a final rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income
or indigenous populations. The results of this evaluation are contained
in the section of the preamble titled ``Environmental Justice
Considerations.''
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 19, 2015.
Janet G. McCabe,
Acting Assistant Administrator.
[FR Doc. 2015-21196 Filed 8-26-15; 8:45 am]
BILLING CODE 6560-50-P
