Extension of Deadline for Promulgating Designations for the 2015 Ozone National Ambient Air Quality Standards, 29246-29247 [2017-13437]
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Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Rules and Regulations
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any such fees will be used to pay the
remaining portion of the Agency’s cost
of providing credit assistance and the
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financial, engineering, and legal
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instrument. All of, or a portion of, this
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(d) Servicing fee. EPA will require
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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
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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
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extent that such fees and expenses are
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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]
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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
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
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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
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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]
-----------------------------------------------------------------------
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