Extension of Deadline for Promulgating Designations for the 2015 Ozone National Ambient Air Quality Standards, 29246-29247 [2017-13437]

Download as PDF rmajette on DSK2TPTVN1PROD with RULES 29246 Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Rules and Regulations withdrawn or denied. The proceeds of any such fees will be used to pay the remaining portion of the Agency’s cost of providing credit assistance and the costs of retaining expert firms, including financial, engineering, and legal services, in the field of municipal and project finance, to assist in the underwriting of the Federal credit instrument. All of, or a portion of, this fee may be waived. (d) Servicing fee. EPA will require borrowers to pay a servicing fee for each credit instrument approved for funding. Separate fees may apply for each type of credit instrument (e.g., a loan guarantee, a secured loan with a single disbursement, or a secured loan with multiple disbursements), depending on the costs of servicing the credit instrument as determined by the Administrator. Such fees will be set at a level sufficient to enable the EPA to recover all or a portion of the costs to the Federal Government of servicing WIFIA credit instruments. (e) Optional supplemental fee. If, in any given year, there is insufficient budget authority to fund the credit instrument for a qualified project that has been selected to receive assistance under WIFIA, EPA and the approved applicant may agree upon a supplemental fee to be paid by or on behalf of the approved applicant at the time of execution of the term sheet to reduce the subsidy cost of that project. No such fee may be included among eligible project costs. (f) Reduced fees. To the extent that Congress appropriates funds in any given year beyond those sufficient to cover internal administrative costs, EPA may utilize such appropriated funds to reduce fees that would otherwise be charged under paragraph (c) of this section. (g) Extraordinary expenses. EPA may require payment in full by the borrower of additional fees, in an amount determined by EPA, and of related fees and expenses of its independent consultants and outside counsel, to the extent that such fees and expenses are incurred directly by EPA and to the extent such third parties are not paid directly by the borrower, in the event that a borrower experiences difficulty relating to technical, financial, or legal matters or other events (e.g., engineering failure or financial workouts) which require EPA to incur time or expenses beyond standard monitoring. [FR Doc. 2017–13438 Filed 6–27–17; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 14:36 Jun 27, 2017 Jkt 241001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR PART 81 [EPA–HQ–OAR–2017–0223; FRL–9964–37– OAR] Extension of Deadline for Promulgating Designations for the 2015 Ozone National Ambient Air Quality Standards Environmental Protection Agency (EPA). ACTION: Extension of deadline for promulgating designations. AGENCY: The Environmental Protection Agency (EPA) is announcing that it is using its authority under the Clean Air Act (CAA) to extend by 1 year the deadline for promulgating initial area designations for the ozone national ambient air quality standards (NAAQS) that were promulgated in October 2015. The new deadline is October 1, 2018. DATES: The deadline for the EPA to promulgate initial designations for the 2015 ozone NAAQS is October 1, 2018. FOR FURTHER INFORMATION CONTACT: For questions regarding this action, contact Denise Scott, Air Quality Planning Division, Office of Air Quality Planning and Standards, Mail Code C539–04, Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541– 4208; email address: scott.denise@ epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. General Information A. Does this action apply to me? Entities potentially affected by this action include state, local and tribal governments that would participate in the initial area designation process for the 2015 ozone standards. B. Where can I get a copy of this document and other related information? The EPA has established a docket for designations for the 2015 ozone NAAQS under Docket ID No. EPA–HQ–OAR– 2017–0223. All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., confidential business information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 www.regulations.gov or in hard copy at the EPA Docket Center EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the EPA Docket Center is (202) 566–1742. An electronic copy of this notice is also available at https://www.epa.gov/ ozone-designations along with other information related to designations for the 2015 ozone NAAQS. II. Designations Requirements On October 1, 2015, the EPA signed a notice of final rulemaking that revised the 8-hour primary and secondary ozone NAAQS (80 FR 65292; October 26, 2015). The primary standard was lowered from 0.075 parts per million (ppm) to a level of 0.070 ppm. The EPA also revised the secondary standard by making it identical in all respects to the revised primary standard. (The previous ozone NAAQS were set in 2008 and remain effective.) After the EPA establishes or revises a NAAQS pursuant to CAA section 109, the CAA directs the EPA and the states to begin taking steps to ensure that those NAAQS are met. The first step is to identify areas of the country that do not meet the new or revised NAAQS. This step is known as the initial area designations. Section 107(d)(1)(A) of the CAA provides that, ‘‘By such date as the Administrator may reasonably require, but not later than 1 year after promulgation of a new or revised national ambient air quality standard for any pollutant under section [109], the Governor of each State shall * * * submit to the Administrator a list of all areas (or portions thereof) in the State’’ that designates those areas as nonattainment, attainment, or unclassifiable. The CAA defines an area as nonattainment if it is violating the NAAQS or if it is contributing to a violation in a nearby area. 42 U.S.C. 7407(d)(1)(A)(i). The CAA further provides, ‘‘Upon promulgation or revision of a national ambient air quality standard, the Administrator shall promulgate the designations of all areas (or portions thereof) * * * as expeditiously as practicable, but in no case later than 2 years from the date of promulgation of the new or revised national ambient air quality standard. Such period may be extended for up to one year in the event the Administrator has insufficient information to promulgate the E:\FR\FM\28JNR1.SGM 28JNR1 Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Rules and Regulations designations.’’ 42 U.S.C. 7407(d)(1)(B)(i). After the states submit their recommendations, but no later than 120 days prior to promulgating designations, the EPA is required to notify a state of any intended modifications to the state’s recommended designation. The state then has an opportunity to demonstrate why any proposed modification is inappropriate. Whether or not a state provides a recommendation, the EPA must promulgate the designation that the agency deems appropriate within 2 years of promulgation of the NAAQS (or within 3 years if the EPA extends the deadline). For the 2015 ozone NAAQS, the deadline for states to submit designation recommendations to the EPA for their areas was October 1, 2016. The EPA has been evaluating these recommendations and conducting additional analyses to determine whether it is necessary to modify any of the state recommendations. rmajette on DSK2TPTVN1PROD with RULES III. Extension of Deadline for Promulgating Designations for the 2015 NAAQS In this action, the EPA is announcing that it is using its authority under VerDate Sep<11>2014 14:36 Jun 27, 2017 Jkt 241001 section 107(d)(1)(B)(i) of the CAA to extend by 1 year the deadline for promulgating initial area designations for the 2015 ozone NAAQS. The new deadline is October 1, 2018. For the reasons explained in this notice, the EPA Administrator has determined that there is insufficient information to complete the designations by October 1, 2017. Following the recent change in administrations, the agency is currently evaluating a host of complex issues regarding the 2015 ozone NAAQS and its implementation, such as understanding the role of background ozone levels and appropriately accounting for international transport. The Administrator has determined that he cannot assess whether he has the necessary information to finalize designations until additional analyses from this evaluation are available. In addition, pursuant to language in the recently-enacted Fiscal Year 2017 omnibus bill, the Administrator is establishing an Ozone Cooperative Compliance Task Force to develop additional flexibilities for states to comply with the ozone standard. It is possible the outcome of that effort could identify flexibilities that could impact PO 00000 Frm 00023 Fmt 4700 Sfmt 9990 29247 the designations process. In light of the analyses currently underway at the agency, the Administrator has determined he needs additional time to consider completely all designation recommendations provided by state governors pursuant to CAA section 107(d)(1)(A), including full consideration of exceptional events impacting designations, and determine whether they provide sufficient information to finalize designations. We also note that new agency officials are currently reviewing the 2015 ozone NAAQS rule. The Administrator has determined that in light of the uncertainty of the outcome of that review, there is insufficient information to promulgate designations by October 1, 2017. List of Subjects in 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: June 21, 2017. E. Scott Pruitt, Administrator. [FR Doc. 2017–13437 Filed 6–27–17; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\28JNR1.SGM 28JNR1

Agencies

[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Rules and Regulations]
[Pages 29246-29247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13437]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR PART 81

[EPA-HQ-OAR-2017-0223; FRL-9964-37-OAR]


Extension of Deadline for Promulgating Designations for the 2015 
Ozone National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Extension of deadline for promulgating designations.

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

SUMMARY: The Environmental Protection Agency (EPA) is announcing that 
it is using its authority under the Clean Air Act (CAA) to extend by 1 
year the deadline for promulgating initial area designations for the 
ozone national ambient air quality standards (NAAQS) that were 
promulgated in October 2015. The new deadline is October 1, 2018.

DATES: The deadline for the EPA to promulgate initial designations for 
the 2015 ozone NAAQS is October 1, 2018.

FOR FURTHER INFORMATION CONTACT: For questions regarding this action, 
contact Denise Scott, Air Quality Planning Division, Office of Air 
Quality Planning and Standards, Mail Code C539-04, Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-4208; email address: scott.denise@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this action include state, local 
and tribal governments that would participate in the initial area 
designation process for the 2015 ozone standards.

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

    The EPA has established a docket for designations for the 2015 
ozone NAAQS under Docket ID No. EPA-HQ-OAR-2017-0223. All documents in 
the docket are listed in the https://www.regulations.gov index. Although 
listed in the index, some information is not publicly available, e.g., 
confidential business information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available either electronically in 
https://www.regulations.gov or in hard copy at the EPA Docket Center 
EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, 
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
EPA Docket Center is (202) 566-1742.
    An electronic copy of this notice is also available at https://www.epa.gov/ozone-designations along with other information related to 
designations for the 2015 ozone NAAQS.

II. Designations Requirements

    On October 1, 2015, the EPA signed a notice of final rulemaking 
that revised the 8-hour primary and secondary ozone NAAQS (80 FR 65292; 
October 26, 2015). The primary standard was lowered from 0.075 parts 
per million (ppm) to a level of 0.070 ppm. The EPA also revised the 
secondary standard by making it identical in all respects to the 
revised primary standard. (The previous ozone NAAQS were set in 2008 
and remain effective.)
    After the EPA establishes or revises a NAAQS pursuant to CAA 
section 109, the CAA directs the EPA and the states to begin taking 
steps to ensure that those NAAQS are met. The first step is to identify 
areas of the country that do not meet the new or revised NAAQS. This 
step is known as the initial area designations. Section 107(d)(1)(A) of 
the CAA provides that, ``By such date as the Administrator may 
reasonably require, but not later than 1 year after promulgation of a 
new or revised national ambient air quality standard for any pollutant 
under section [109], the Governor of each State shall * * * submit to 
the Administrator a list of all areas (or portions thereof) in the 
State'' that designates those areas as nonattainment, attainment, or 
unclassifiable. The CAA defines an area as nonattainment if it is 
violating the NAAQS or if it is contributing to a violation in a nearby 
area. 42 U.S.C. 7407(d)(1)(A)(i).
    The CAA further provides, ``Upon promulgation or revision of a 
national ambient air quality standard, the Administrator shall 
promulgate the designations of all areas (or portions thereof) * * * as 
expeditiously as practicable, but in no case later than 2 years from 
the date of promulgation of the new or revised national ambient air 
quality standard. Such period may be extended for up to one year in the 
event the Administrator has insufficient information to promulgate the

[[Page 29247]]

designations.'' 42 U.S.C. 7407(d)(1)(B)(i).
    After the states submit their recommendations, but no later than 
120 days prior to promulgating designations, the EPA is required to 
notify a state of any intended modifications to the state's recommended 
designation. The state then has an opportunity to demonstrate why any 
proposed modification is inappropriate. Whether or not a state provides 
a recommendation, the EPA must promulgate the designation that the 
agency deems appropriate within 2 years of promulgation of the NAAQS 
(or within 3 years if the EPA extends the deadline).
    For the 2015 ozone NAAQS, the deadline for states to submit 
designation recommendations to the EPA for their areas was October 1, 
2016. The EPA has been evaluating these recommendations and conducting 
additional analyses to determine whether it is necessary to modify any 
of the state recommendations.

III. Extension of Deadline for Promulgating Designations for the 2015 
NAAQS

    In this action, the EPA is announcing that it is using its 
authority under section 107(d)(1)(B)(i) of the CAA to extend by 1 year 
the deadline for promulgating initial area designations for the 2015 
ozone NAAQS. The new deadline is October 1, 2018. For the reasons 
explained in this notice, the EPA Administrator has determined that 
there is insufficient information to complete the designations by 
October 1, 2017.
    Following the recent change in administrations, the agency is 
currently evaluating a host of complex issues regarding the 2015 ozone 
NAAQS and its implementation, such as understanding the role of 
background ozone levels and appropriately accounting for international 
transport. The Administrator has determined that he cannot assess 
whether he has the necessary information to finalize designations until 
additional analyses from this evaluation are available. In addition, 
pursuant to language in the recently-enacted Fiscal Year 2017 omnibus 
bill, the Administrator is establishing an Ozone Cooperative Compliance 
Task Force to develop additional flexibilities for states to comply 
with the ozone standard. It is possible the outcome of that effort 
could identify flexibilities that could impact the designations 
process. In light of the analyses currently underway at the agency, the 
Administrator has determined he needs additional time to consider 
completely all designation recommendations provided by state governors 
pursuant to CAA section 107(d)(1)(A), including full consideration of 
exceptional events impacting designations, and determine whether they 
provide sufficient information to finalize designations. We also note 
that new agency officials are currently reviewing the 2015 ozone NAAQS 
rule. The Administrator has determined that in light of the uncertainty 
of the outcome of that review, there is insufficient information to 
promulgate designations by October 1, 2017.

List of Subjects in 40 CFR Part 81

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

    Dated: June 21, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-13437 Filed 6-27-17; 8:45 am]
 BILLING CODE 6560-50-P
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