Approval and Promulgation of Air Quality Implementation Plans; New York; Determination of Attainment of the 2008 8-Hour Ozone National Ambient Air Quality Standard for the Jamestown, New York Marginal Nonattainment Area, 34506-34508 [2018-15623]

Download as PDF 34506 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Proposed Rules recommendations that reflect industry best practices for shipping liquids. Ruth Stevenson, Attorney, Federal Compliance. [FR Doc. 2018–15548 Filed 7–19–18; 8:45 am] BILLING CODE 7710–12–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R02–OAR–2018–0422; FRL–9981– 04—Region 2] Approval and Promulgation of Air Quality Implementation Plans; New York; Determination of Attainment of the 2008 8-Hour Ozone National Ambient Air Quality Standard for the Jamestown, New York Marginal Nonattainment Area Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to make a determination that the Jamestown, New York Marginal Nonattainment Area (Jamestown Area or Area) has attained the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS). This proposed determination is based upon complete, qualityassured, and certified ambient air monitoring data that shows the Area has monitored attainment of the 2008 8hour ozone NAAQS for both the 2012– 2014 and 2015–2017 monitoring periods. This action does not constitute a redesignation to attainment. The Jamestown Area will remain nonattainment for the 2008 8-hour ozone NAAQS until such time as EPA determines that the Jamestown Area meets the Clean Air Act (CAA) requirements for redesignation to attainment, including an approved maintenance plan. This action is being taken under the CAA. DATES: Written comments must be received on or before August 20, 2018. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R02–OAR–2018–0422 at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. 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. Multimedia daltland on DSKBBV9HB2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:08 Jul 19, 2018 Jkt 244001 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. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, (212) 637–3381, or by email at wieber.kirk@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On March 12, 2008, EPA revised both the primary and secondary NAAQS for ozone to a level of 0.075 parts per million (ppm) (annual fourth-highest daily maximum 8-hour average concentration, averaged over three years) to provide increased protection of public health and the environment. 73 FR 16436 (March 27, 2008).1 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 more protective level. On May 21, 2012 (77 FR 30088), effective July 20, 2012, EPA designated as nonattainment any area that was violating the 2008 8hour ozone NAAQS based on the three most recent years (2008–2010) of air monitoring data. The Jamestown Area (specifically, Chautauqua County) was designated as a marginal ozone nonattainment area. See 40 CFR 81.333. Marginal areas designated in the May 21, 2012 rule are required to attain the 2008 8-hour ozone NAAQS by the applicable deadline of July 20, 2015. See 40 CFR 51.903. On May 4, 2016, EPA determined that complete, qualityassured, and certified air quality monitoring data from the 2012–2014 monitoring period indicated that the Jamestown Area attained the 2008 8hour ozone NAAQS by that attainment date. See 81 FR 26697. Under the provisions of EPA’s ozone implementation rule (40 CFR 51.918), if EPA also issues a determination (as it is proposing to do here) that an area is attaining the relevant standard through a rulemaking that includes public notice and comment (known informally as a Clean Data Determination), the 1 For a detailed explanation of the calculation of the 3-year 8-hour average, see 40 CFR part 50, appendix I. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 requirements for a State to submit certain required planning SIPs related to attainment of the eight-hour NAAQS, such as attainment demonstrations, reasonable further progress plans and contingency measures, shall be suspended. EPA’s action only suspends the requirements to submit the SIP revisions discussed above.2 This suspension remains in effect until such time, if ever, that EPA (i) redesignates the area to attainment, at which time those requirements no longer apply, or (ii) subsequently determines that the area has violated the 2008 8-hour ozone NAAQS. Although these requirements are suspended, if the State provides these submissions to EPA for review and approval at any time, EPA is not precluded from acting upon them. The determination of attainment is not equivalent to a redesignation under section 107(d)(3) of the CAA. The designation status of the Jamestown Area will remain nonattainment for the 2008 8-hour ozone NAAQS until such time as EPA determines that the Area meets the CAA requirements for redesignation to attainment, including an approved maintenance plan. Additionally, the determination of attainment is separate from, and does not influence or otherwise affect, any future designation determination or requirements for the Jamestown Area based on any new or revised ozone NAAQS, and it remains in effect regardless of whether EPA designates this Area as a nonattainment area for purposes of any new or revised ozone NAAQS. II. EPA’s Evaluation For ozone, an area may be considered to be attaining the 2008 8-hour ozone NAAQS if there are no violations, as determined in accordance with 40 CFR part 50, based on three complete, consecutive calendar years of qualityassured ambient air monitoring data. Under EPA regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is attained when the 3-year average of the annual fourth-highest daily maximum 8hour average ozone concentrations at an ozone monitor is less than or equal to 0.075 ppm. See 40 CFR part 50, appendix P. This 3-year average is referred to as the design value. When the design value is less than or equal to 2 For more information on the EPA’s Clean Data Policy, see https://www.epa.gov/ozone-pollution/ redesignation-and-clean-data-policy-cdp for documents such as the Memorandum from John S. Seitz, Director, Office of Air Quality Planning and Standards, ‘‘Reasonable Further Progress, Attainment Demonstration, and Related Requirements for Ozone Nonattainment Areas Meeting the Ozone National Ambient Air Quality Standard’’ (May 10, 1995). E:\FR\FM\20JYP1.SGM 20JYP1 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Proposed Rules 0.075 ppm at each monitor within the area, then the area is attaining the NAAQS. Also, the data meets the regulatory completeness requirement when the average percent of days with valid ambient monitoring data is greater than or equal to 90 percent (%), and no single year has less than 75% data completeness as determined in appendix P of 40 CFR part 50. The data must be collected and quality-assured in accordance with 40 CFR part 58, and recorded in the EPA Air Quality System (AQS). EPA has reviewed the complete, quality-assured, and certified ozone ambient air monitoring data for the monitoring periods for both 2012–2014 and 2015–2017 for the Jamestown Area. For both monitoring periods, the design values for the Jamestown monitor in Chautauqua County are less than or equal to 0.075 ppm, and the monitor meets the data completeness 34507 requirements (see Table 1). Based on the 2012–2014 data from the AQS database and consistent with the requirements contained in 40 CFR part 50, EPA has concluded that this Area attained the 2008 8-hour ozone NAAQS. In addition, complete, quality-assured, and certified data through the 2017 ozone season demonstrate that the area continues to attain the standard. TABLE 1—JAMESTOWN AREA 2008 8-HOUR OZONE DESIGN VALUES County Site ID 2012–2014 Design value (ppm) 2012–2014 Average percent data completeness 2015–2017 Design value (ppm) 2015–2017 Average percent data completeness Chautauqua .......................................................................... 36–013–0006 0.071 97 0.068 96 The data in Table 1 are available in EPA’s AQS database. The AQS report with this data is available in the docket for this rulemaking under docket number EPA–R02–OAR–2018–0422 and available online at www.regulations.gov, docket number EPA–R02–OAR–2018– 0422. daltland on DSKBBV9HB2PROD with PROPOSALS III. Proposed Action EPA is proposing to make a determination that the Jamestown Area has attained the 2008 8-hour ozone NAAQS. This proposed determination (informally known as a Clean Data Determination) is based upon complete, quality assured, and certified ambient air monitoring data that show the Jamestown Area has monitored attainment of the 2008 8-hour ozone NAAQS for the 2012–2014 and 2015– 2017 monitoring periods. Complete and quality assured and certified data for these periods demonstrate that the area continues to attain the standard during both time periods. As provided in 40 CFR 51.918, if EPA’s determination that this area has attained the 8-hour ozone standard is made final, it would suspend the requirements under CAA section 182(b)(1) for submission of a reasonable further progress plan and ozone attainment demonstration. In addition, such a final determination would mean the requirements of CAA section 172(c)(9) concerning submission of contingency measures and any other planning SIP relating to attainment of the 2008 8-hour ozone NAAQS shall be suspended for so long as the Jamestown Area continues to attain the 2008 8-hour ozone NAAQS. Although these requirements would be suspended, EPA would not be precluded from acting upon these elements at any time if VerDate Sep<11>2014 16:08 Jul 19, 2018 Jkt 244001 submitted to EPA for review and approval. Finalizing this determination would not constitute a redesignation of the Jamestown Area to attainment for the 2008 8-hour ozone NAAQS under CAA section 107(d)(3). This proposed determination of attainment also does not involve approving any maintenance plan for the Jamestown Area and does not determine that the Jamestown Area has met all the requirements for redesignation under the CAA, including that the attainment be due to permanent and enforceable measures. Therefore, the designation status of the Jamestown Area will remain nonattainment for the 2008 8-hour ozone NAAQS until such time as EPA takes final rulemaking action to determine that such Area meets the CAA requirements for redesignation to attainment. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. IV. Statutory and Executive Order Reviews This action proposes to make an attainment determination based on air quality data and would, if finalized, result in the suspension of certain Federal requirements and would not impose any additional requirements. For that reason, this action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as E:\FR\FM\20JYP1.SGM 20JYP1 34508 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Proposed Rules specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: July 3, 2018. Peter D. Lopez, Regional Administrator, Region 2. [FR Doc. 2018–15623 Filed 7–20–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–1989–0011; FRL–9981– 00—Region 1] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Union Chemical Co., Inc. Superfund Site Environmental Protection Agency (EPA). ACTION: Proposed rule; notice of intent. AGENCY: The Environmental Protection Agency (EPA) Region 1 is issuing a Notice of Intent to Delete the Union Chemical Co., Inc. Superfund Site (Site) located in South Hope, Maine, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Maine, through the Department of Environmental Protection (MEDEP), have determined that all appropriate response actions under CERCLA, other than operation and maintenance, monitoring and Five-Year Reviews, have been completed. However, this deletion does not preclude future actions under Superfund. DATES: Comments must be received by August 20, 2018. ADDRESSES: Submit your comments, identified by Docket ID no. EPA–HQ– SFUND–1989–0011, by one of the following methods: • https://www.regulations.gov. Follow the on-line instructions for submitting daltland on DSKBBV9HB2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:08 Jul 19, 2018 Jkt 244001 comments. Once submitted, comments cannot be edited or removed from Regulations.gov. 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. 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. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. • Email: connelly.terry@epa.gov or purnell.zanetta@epa.gov. • Mail: Terrence Connelly, U.S. EPA, 5 Post Office Square, Suite 100, Mail Code OSSR 07–1, Boston, MA 02109–3912 ZaNetta Purnell, U.S. EPA, 5 Post Office Square, Suite 100, Mail Code OSSR 01–1, Boston, MA 02109–3912 Hand delivery: U.S. EPA, 5 Post Office Square, Suite 100, Boston, MA. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID no. EPA–HQ–SFUND–1989– 0011. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or email. The https://www.regulations.gov website is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through https:// www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 made available on the internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: 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., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in the hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at: U.S. EPA Region 1, Superfund Records Center, 5 Post Office Square, Suite 100, Boston, MA 02109, Phone: 617–918–1440, Monday– Friday: 9:00 a.m.–5:00 p.m., Saturday and Sunday— Closed. FOR FURTHER INFORMATION CONTACT: Terrence Connelly, Remedial Project Manager, U.S. Environmental Protection Agency, Region 1, Mail Code OSSR 07– 1, 5 Post Office Square, Boston, MA 02109–3912, (617) 918–1373, email connelly.terry@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. NPL Deletion Criteria III. Deletion Procedures IV. Basis for Site Deletion I. Introduction EPA Region 1 announces its intent to delete the Union Chemical Co., Inc Superfund Site (Site) from the National Priorities List (NPL) and requests public comment on this proposed action. The NPL constitutes Appendix B of 40 CFR part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), which EPA promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, as amended. EPA maintains the NPL as the list of sites that appear to present a significant risk to public health, welfare, or the environment. Sites on the NPL may be the subject of remedial actions financed by the Hazardous Substance Superfund (Fund). As described in 40 CFR E:\FR\FM\20JYP1.SGM 20JYP1

Agencies

[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Proposed Rules]
[Pages 34506-34508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15623]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2018-0422; FRL-9981-04--Region 2]


Approval and Promulgation of Air Quality Implementation Plans; 
New York; Determination of Attainment of the 2008 8-Hour Ozone National 
Ambient Air Quality Standard for the Jamestown, New York Marginal 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to make 
a determination that the Jamestown, New York Marginal Nonattainment 
Area (Jamestown Area or Area) has attained the 2008 8-hour ozone 
National Ambient Air Quality Standard (NAAQS). This proposed 
determination is based upon complete, quality-assured, and certified 
ambient air monitoring data that shows the Area has monitored 
attainment of the 2008 8-hour ozone NAAQS for both the 2012-2014 and 
2015-2017 monitoring periods. This action does not constitute a 
redesignation to attainment. The Jamestown Area will remain 
nonattainment for the 2008 8-hour ozone NAAQS until such time as EPA 
determines that the Jamestown Area meets the Clean Air Act (CAA) 
requirements for redesignation to attainment, including an approved 
maintenance plan. This action is being taken under the CAA.

DATES: Written comments must be received on or before August 20, 2018.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2018-0422 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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. 
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. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, (212) 637-3381, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 12, 2008, EPA revised both the primary and secondary NAAQS 
for ozone to a level of 0.075 parts per million (ppm) (annual fourth-
highest daily maximum 8-hour average concentration, averaged over three 
years) to provide increased protection of public health and the 
environment. 73 FR 16436 (March 27, 2008).\1\ 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 more protective level. On May 21, 2012 (77 
FR 30088), effective July 20, 2012, EPA designated as nonattainment any 
area that was violating the 2008 8-hour ozone NAAQS based on the three 
most recent years (2008-2010) of air monitoring data. The Jamestown 
Area (specifically, Chautauqua County) was designated as a marginal 
ozone nonattainment area. See 40 CFR 81.333.
---------------------------------------------------------------------------

    \1\ For a detailed explanation of the calculation of the 3-year 
8-hour average, see 40 CFR part 50, appendix I.
---------------------------------------------------------------------------

    Marginal areas designated in the May 21, 2012 rule are required to 
attain the 2008 8-hour ozone NAAQS by the applicable deadline of July 
20, 2015. See 40 CFR 51.903. On May 4, 2016, EPA determined that 
complete, quality-assured, and certified air quality monitoring data 
from the 2012-2014 monitoring period indicated that the Jamestown Area 
attained the 2008 8-hour ozone NAAQS by that attainment date. See 81 FR 
26697.
    Under the provisions of EPA's ozone implementation rule (40 CFR 
51.918), if EPA also issues a determination (as it is proposing to do 
here) that an area is attaining the relevant standard through a 
rulemaking that includes public notice and comment (known informally as 
a Clean Data Determination), the requirements for a State to submit 
certain required planning SIPs related to attainment of the eight-hour 
NAAQS, such as attainment demonstrations, reasonable further progress 
plans and contingency measures, shall be suspended. EPA's action only 
suspends the requirements to submit the SIP revisions discussed 
above.\2\
---------------------------------------------------------------------------

    \2\ For more information on the EPA's Clean Data Policy, see 
https://www.epa.gov/ozone-pollution/redesignation-and-clean-data-policy-cdp for documents such as the Memorandum from John S. Seitz, 
Director, Office of Air Quality Planning and Standards, ``Reasonable 
Further Progress, Attainment Demonstration, and Related Requirements 
for Ozone Nonattainment Areas Meeting the Ozone National Ambient Air 
Quality Standard'' (May 10, 1995).
---------------------------------------------------------------------------

    This suspension remains in effect until such time, if ever, that 
EPA (i) redesignates the area to attainment, at which time those 
requirements no longer apply, or (ii) subsequently determines that the 
area has violated the 2008 8-hour ozone NAAQS. Although these 
requirements are suspended, if the State provides these submissions to 
EPA for review and approval at any time, EPA is not precluded from 
acting upon them. The determination of attainment is not equivalent to 
a redesignation under section 107(d)(3) of the CAA. The designation 
status of the Jamestown Area will remain nonattainment for the 2008 8-
hour ozone NAAQS until such time as EPA determines that the Area meets 
the CAA requirements for redesignation to attainment, including an 
approved maintenance plan.
    Additionally, the determination of attainment is separate from, and 
does not influence or otherwise affect, any future designation 
determination or requirements for the Jamestown Area based on any new 
or revised ozone NAAQS, and it remains in effect regardless of whether 
EPA designates this Area as a nonattainment area for purposes of any 
new or revised ozone NAAQS.

II. EPA's Evaluation

    For ozone, an area may be considered to be attaining the 2008 8-
hour ozone NAAQS if there are no violations, as determined in 
accordance with 40 CFR part 50, based on three complete, consecutive 
calendar years of quality-assured ambient air monitoring data. Under 
EPA regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is 
attained when the 3-year average of the annual fourth-highest daily 
maximum 8-hour average ozone concentrations at an ozone monitor is less 
than or equal to 0.075 ppm. See 40 CFR part 50, appendix P. This 3-year 
average is referred to as the design value. When the design value is 
less than or equal to

[[Page 34507]]

0.075 ppm at each monitor within the area, then the area is attaining 
the NAAQS. Also, the data meets the regulatory completeness requirement 
when the average percent of days with valid ambient monitoring data is 
greater than or equal to 90 percent (%), and no single year has less 
than 75% data completeness as determined in appendix P of 40 CFR part 
50. The data must be collected and quality-assured in accordance with 
40 CFR part 58, and recorded in the EPA Air Quality System (AQS).
    EPA has reviewed the complete, quality-assured, and certified ozone 
ambient air monitoring data for the monitoring periods for both 2012-
2014 and 2015-2017 for the Jamestown Area. For both monitoring periods, 
the design values for the Jamestown monitor in Chautauqua County are 
less than or equal to 0.075 ppm, and the monitor meets the data 
completeness requirements (see Table 1). Based on the 2012-2014 data 
from the AQS database and consistent with the requirements contained in 
40 CFR part 50, EPA has concluded that this Area attained the 2008 8-
hour ozone NAAQS. In addition, complete, quality-assured, and certified 
data through the 2017 ozone season demonstrate that the area continues 
to attain the standard.

                                                 Table 1--Jamestown Area 2008 8-Hour Ozone Design Values
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          2012-2014                         2015-2017
                                                                                         2012-2014     Average percent     2015-2017     Average percent
                               County                                    Site ID        Design value         data         Design value         data
                                                                                           (ppm)         completeness        (ppm)         completeness
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chautauqua.........................................................     36-013-0006            0.071               97            0.068               96
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    The data in Table 1 are available in EPA's AQS database. The AQS 
report with this data is available in the docket for this rulemaking 
under docket number EPA-R02-OAR-2018-0422 and available online at 
www.regulations.gov, docket number EPA-R02-OAR-2018-0422.

III. Proposed Action

    EPA is proposing to make a determination that the Jamestown Area 
has attained the 2008 8-hour ozone NAAQS. This proposed determination 
(informally known as a Clean Data Determination) is based upon 
complete, quality assured, and certified ambient air monitoring data 
that show the Jamestown Area has monitored attainment of the 2008 8-
hour ozone NAAQS for the 2012-2014 and 2015-2017 monitoring periods. 
Complete and quality assured and certified data for these periods 
demonstrate that the area continues to attain the standard during both 
time periods. As provided in 40 CFR 51.918, if EPA's determination that 
this area has attained the 8-hour ozone standard is made final, it 
would suspend the requirements under CAA section 182(b)(1) for 
submission of a reasonable further progress plan and ozone attainment 
demonstration. In addition, such a final determination would mean the 
requirements of CAA section 172(c)(9) concerning submission of 
contingency measures and any other planning SIP relating to attainment 
of the 2008 8-hour ozone NAAQS shall be suspended for so long as the 
Jamestown Area continues to attain the 2008 8-hour ozone NAAQS. 
Although these requirements would be suspended, EPA would not be 
precluded from acting upon these elements at any time if submitted to 
EPA for review and approval.
    Finalizing this determination would not constitute a redesignation 
of the Jamestown Area to attainment for the 2008 8-hour ozone NAAQS 
under CAA section 107(d)(3). This proposed determination of attainment 
also does not involve approving any maintenance plan for the Jamestown 
Area and does not determine that the Jamestown Area has met all the 
requirements for redesignation under the CAA, including that the 
attainment be due to permanent and enforceable measures. Therefore, the 
designation status of the Jamestown Area will remain nonattainment for 
the 2008 8-hour ozone NAAQS until such time as EPA takes final 
rulemaking action to determine that such Area meets the CAA 
requirements for redesignation to attainment. EPA is soliciting public 
comments on the issues discussed in this document. These comments will 
be considered before taking final action.

IV. Statutory and Executive Order Reviews

    This action proposes to make an attainment determination based on 
air quality data and would, if finalized, result in the suspension of 
certain Federal requirements and would not impose any additional 
requirements. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as

[[Page 34508]]

specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: July 3, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018-15623 Filed 7-20-18; 8:45 am]
BILLING CODE 6560-50-P
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