Additional Air Quality Designations for the 2015 Ozone National Ambient Air Quality Standards-San Antonio, Texas Area, 35136-35141 [2018-15919]
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Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Rules and Regulations
10. Add table 2 to subpart LLL of part
63 to read as follows:
■
TABLE 2 TO SUBPART LLL OF PART
63—1989 TOXIC EQUIVALENCY FACTORS (TEFS)
Dioxins/Furans
TEFs 1989
2,3,7,8–TCDD .......................
1,2,3,7,8-PeCDD ..................
1,2,3,4,7,8-HxCDD ...............
1,2,3,6,7,8-HxCDD ...............
1,2,3,7,8,9-HxCDD ...............
1,2,3,4,6,7,8-HpCDD ............
OCDD ...................................
2,3,7,8–TCDF .......................
1,2,3,7,8-PeCDF ...................
2,3,4,7,8-PeCDF ...................
1,2,3,4,7,8-HxCDF ................
1,2,3,6,7,8-HxCDF ................
1,2,3,7,8,9-HxCDF ................
2,3,4,6,7,8-HxCDF ................
1,2,3,4,6,7,8-HpCDF .............
1,2,3,4,7,8,9-HpCDF .............
OCDF ....................................
1
0.5
0.1
0.1
0.1
0.01
0.001
0.1
0.05
0.5
0.1
0.1
0.1
0.1
0.01
0.01
0.001
[FR Doc. 2018–15718 Filed 7–24–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–HQ–OAR–2017–0548; FRL–9981–17–
OAR]
RIN 2060–AU13
Additional Air Quality Designations for
the 2015 Ozone National Ambient Air
Quality Standards—San Antonio,
Texas Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is establishing initial air
quality designations for the eight
counties in the San Antonio-New
Braunfels, Texas Core Based Statistical
Area (CBSA) for the 2015 primary and
secondary national ambient air quality
standards (NAAQS) for ozone. The EPA
is designating Bexar County as the San
Antonio, Texas nonattainment area and
the remaining seven counties as
attainment/unclassifiable areas. The San
Antonio, Texas nonattainment area is
also being classified as Marginal by
operation of law according to the
severity of its air quality problem. Of the
five classification categories, Marginal
nonattainment areas have ozone levels
that are closest to the ozone NAAQS at
the time of designation. This action
completes the initial designations for
the 2015 ozone NAAQS. The EPA
designated all other areas of the country
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SUMMARY:
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for the 2015 ozone NAAQS in actions
signed by the Administrator on
November 6, 2017, and April 30, 2018.
DATES: The effective date of this rule is
September 24, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2017–0548. All
documents in the docket are listed in
the index at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in the docket or in hard
copy at the EPA Docket Center, EPA
WJC West Building, 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 Office
of Air and Radiation Docket and
Information Center is (202) 566–1742.
In addition, the EPA has established
a website for rulemakings for the initial
area designations for the 2015 ozone
NAAQS at https://www.epa.gov/ozonedesignations. The website includes the
EPA’s final designations, as well as
designation recommendation letters
from states and tribes, the EPA’s 120letters notifying the states whether the
EPA intends to modify the state’s
recommendation, technical support
documents, responses to comments and
other related technical information.
The public may also inspect this rule
and state-specific technical support
information in hard copy at EPA Region
6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT:
Denise Scott, Office of Air Quality
Planning and Standards, U.S.
Environmental Protection Agency, Mail
Code C539–01, Research Triangle Park,
NC 27711, phone number (919) 541–
4280, email: scott.denise@epa.gov or
Carrie Paige, U.S. Environmental
Protection Agency, Region 6, Mail Code:
6MM–AB, 445 Ross Avenue, Dallas, TX
75202, telephone (214) 665–6521, email:
paige.carrie@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
The following is an outline of the
preamble.
I. Preamble Glossary of Terms and Acronyms
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II. What is the purpose of this action?
III. What is ozone and how is it formed?
IV. What are the 2015 ozone NAAQS and the
health and welfare concerns they
address?
V. What are the CAA requirements for air
quality designations?
VI. What is the chronology for this
designations rule and what guidance did
the EPA provide?
VII. What air quality data has the EPA used
to designate the counties in the San
Antonio-New Braunfels, Texas CBSA for
the 2015 ozone NAAQS?
VIII. What are the ozone air quality
classifications?
IX. Where can I find information forming the
basis for this rule and exchanges
between the EPA and the state?
X. Environmental Justice Concerns
XI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulations and
Regulatory Review
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act
(UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
H. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
I. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
J. National Technology Transfer and
Advancement Act (NTTAA)
K. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
L. Congressional Review Act (CRA)
M. Judicial Review
I. Preamble Glossary of Terms and
Acronyms
The following are abbreviations of
terms used in the preamble.
APA Administrative Procedure Act
CAA Clean Air Act
CFR Code of Federal Regulations
CBSA Core Based Statistical Area
DC District of Columbia
EPA Environmental Protection Agency
FR Federal Register
NAAQS National Ambient Air Quality
Standards
NOX Nitrogen Oxides
NTTAA National Technology Transfer and
Advancement Act
PPM Parts per million
RFA Regulatory Flexibility Act
UMRA Unfunded Mandate Reform Act of
1995
TAR Tribal Authority Rule
U.S. United States
U.S.C. United States Code
VOC Volatile Organic Compounds
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II. What is the purpose of this action?
The purpose of this action is to
announce and promulgate initial area
designations for the eight counties in
the San Antonio-New Braunfels, Texas
CBSA with respect to the 2015 primary
and secondary NAAQS for ozone, in
accordance with the requirements of
Clean Air Act (CAA) section 107(d). The
EPA is designating Bexar County as the
San Antonio, Texas nonattainment area
and the remaining seven counties as
attainment/unclassifiable areas. With
this designation action, the EPA has
completed the initial designations for all
areas of the country for the 2015 ozone
NAAQS.
In addition, this action announces the
classification for the San Antonio, Texas
nonattainment area as Marginal. The
classification occurs by operation of law
at the time of designation based on the
severity of the area’s ozone air quality
problem. The classification categories
are Marginal, Moderate, Serious, Severe
and Extreme. The EPA established the
air quality thresholds that define the
classifications in a separate rule titled,
‘‘Implementation of the 2015 National
Ambient Air Quality Standards for
Ozone: Nonattainment Area
Classifications Approach’’
(Classifications Rule) (83 FR 10376;
March 9, 2018).
The list of the areas being designated
in this action appears in the regulatory
table for Texas included at the end of
this final rule. This table, which will
amend 40 CFR part 81, identifies the
designation for each area and the
classification for the nonattainment
area.
The EPA is basing the designations on
the most recent 3 years of certified
ozone air quality monitoring data
(2015–2017) and on an evaluation of
factors to assess contributions to
nonattainment in nearby areas. State
areas designated as nonattainment are
subject to planning and emission
reduction requirements as specified in
CAA part D. Requirements vary
according to an area’s classification. On
November 17, 2016, the EPA proposed
an implementation rule for the 2015
ozone NAAQS (81 FR 81276). The EPA
anticipates issuing the final
implementation rule in 2018. This final
implementation rule, along with
additional forthcoming tools and
guidance documents related to
provisions for regulatory relief to
address background and international
ozone concentrations, should help
nonattainment areas to address these
emissions in state plans. In particular,
the EPA recognizes that the information
provided by Texas regarding likely
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future ozone trends and the role of
international transport may provide an
avenue to help the state demonstrate
this area attains the 2015 ozone NAAQS
by the attainment date or is otherwise
entitled to regulatory relief.
III. What is ozone and how is it formed?
Ground-level ozone is a gas that is
formed by the reaction of volatile
organic compounds (VOCs) and oxides
of nitrogen (NOX) in the atmosphere in
the presence of sunlight. These
precursor emissions are emitted by
many types of pollution sources,
including power plants and industrial
emissions sources, on-road and off-road
motor vehicles and engines and smaller
sources, collectively referred to as area
sources. Ozone is predominately a
summertime air pollutant. However,
high ozone concentrations have also
been observed in cold months, where a
few areas in the western United States
(U.S.) have experienced high levels of
local VOC and NOX emissions that have
formed ozone when snow is on the
ground and temperatures are near or
below freezing. Ozone and ozone
precursors can be transported to an area
from sources in nearby areas or from
sources located hundreds of miles away.
For purposes of determining ozone
nonattainment area boundaries, the
CAA requires the EPA to include areas
that contribute to nearby violations of
the NAAQS.
IV. What are the 2015 ozone NAAQS
and the health and welfare concerns
they address?
On October 1, 2015, the EPA revised
both the primary and secondary NAAQS
for ozone to a level of 0.070 parts per
million (ppm) (annual fourth-highest
daily maximum 8-hour average
concentration, averaged over 3 years).1
The level of both the primary and
secondary ozone NAAQS previously set
in 2008 is 0.075 ppm. The 2015 ozone
NAAQS retain the same general form
and averaging time as the 2008 ozone
NAAQS.
The primary ozone standards provide
protection for children, older adults,
people with asthma or other lung
diseases and other at-risk populations
against an array of adverse health effects
that include reduced lung function,
increased respiratory symptoms and
pulmonary inflammation; effects that
contribute to emergency department
visits or hospital admissions; and
mortality. The secondary ozone
standards protect against adverse effects
1 See 80 FR 65296; October 26, 2015, for a
detailed explanation of the calculation of the 3-year
8-hour average and 40 CFR part 50, Appendix U.
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to the public welfare, including those
related to impacts on sensitive
vegetation and forested ecosystems.
V. What are the CAA requirements for
air quality designations?
When the EPA promulgates a new or
revised NAAQS, the EPA is required to
designate all areas in the country as
nonattainment, attainment or
unclassifiable, pursuant to section
107(d)(1) of the CAA. Section
107(d)(1)(A)(i) of the CAA defines a
nonattainment area as, ‘‘any area that
does not meet (or that contributes to
ambient air quality in a nearby area that
does not meet) the national primary or
secondary ambient air quality standard
for the pollutant.’’ If an area meets
either prong of this definition, states
should recommend and the EPA is
obligated to designate the area as
‘‘nonattainment.’’ CAA section
107(d)(1)(A)(ii) defines an attainment
area as any area that does not meet the
definition of nonattainment and that
meets the NAAQS. CAA section
107(d)(1)(A)(iii) provides that any area
that the EPA cannot designate on the
basis of available information as
meeting or not meeting the standards
should be designated as
‘‘unclassifiable.’’ Historically for ozone,
the EPA has designated most areas that
do not meet the definition of
nonattainment as ‘‘unclassifiable/
attainment.’’ This category includes
areas that have air quality monitoring
data meeting the NAAQS and areas that
do not have monitors but for which the
EPA has no evidence that the areas may
be violating the NAAQS or contributing
to a nearby violation. In the
designations for the 2015 ozone
NAAQS, the EPA has reversed the order
of the label to be attainment/
unclassifiable to better convey the
definition of the designation category
and so that the category is more easily
distinguished from the separate
unclassifiable category. In a few
instances, based on circumstances
where some monitoring data are
available but are not sufficient for a
determination that an area is or is not
attaining the NAAQS, the EPA has
designated an area as ‘‘unclassifiable.’’
Section 107(d)(1)(B) of the CAA
requires the EPA to issue initial area
designations within 2 years of
promulgating a new or revised NAAQS.
However, if the Administrator has
insufficient information to make these
designations within that time frame, the
EPA has the authority to extend the
deadline for designation decisions by up
to 1 additional year.
By not later than 1 year after the
promulgation of a new or revised
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NAAQS, each state governor is required
to recommend air quality designations,
including the appropriate boundaries
for areas, to the EPA. (See CAA section
107(d)(1)(A).) The EPA reviews those
state recommendations and is
authorized to make any modifications
the Administrator deems necessary. The
statute does not define the term
‘‘necessary,’’ but the EPA interprets this
to authorize the Administrator to
modify designation recommendations
that are inconsistent with the statutory
language, including modification of
recommended boundaries for
nonattainment areas that are not
supported by the facts or analysis. If the
EPA intends to modify a state’s
recommendation, section 107(d)(1)(B) of
the CAA requires the EPA to notify the
state of any such intended modifications
not less than 120 days prior to the EPA’s
promulgation of the final designation.
These notifications are commonly
known as the ‘‘120-day letters.’’ If the
state does not agree with the EPA’s
intended modification, the 120-day
period provides an opportunity for the
state to demonstrate to the EPA why it
believes any modification proposed by
the EPA is inappropriate. If a state fails
to provide any recommendation for an
area, in whole or in part, the EPA must
promulgate a designation that the
Administrator deems appropriate.
The terms ‘‘contributes to’’ and
‘‘nearby’’ in the definition of a
nonattainment area are not defined in
the statute and the EPA has discretion
to interpret these ambiguous terms,
based on considerations such as the
nature of a specific pollutant, the types
of sources that may contribute to
violations, the form of the relevant
NAAQS and any other relevant
information. The EPA does not interpret
the statute to require the agency to
establish bright line tests or thresholds
for what constitutes ‘‘contribution’’ or
‘‘nearby’’ for purposes of designations.2
Section 301(d) of the CAA authorizes
the EPA to approve eligible Indian tribes
to implement provisions of the CAA on
Indian reservations and other areas
within the tribes’ jurisdiction. The
Tribal Authority Rule (TAR) (40 CFR
part 49), which implements section
301(d) of the CAA, sets forth the criteria
and process for tribes to apply to the
EPA for eligibility to administer CAA
programs. The designations process
contained in section 107(d) of the CAA
is included among those provisions
determined to be appropriate by the
EPA for treatment of tribes in the same
manner as states. Under the TAR, tribes
2 This view was confirmed in Catawba County v.
EPA, 571 F.3d 20 (D.C. Cir. 2009).
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generally are not subject to the same
submission schedules imposed by the
CAA on states. As authorized by the
TAR, tribes may seek eligibility to
submit designation recommendations to
the EPA.
VI. What is the chronology for this
designations rule and what guidance
did the EPA provide?
On February 25, 2016, the EPA issued
guidance for states and tribal agencies to
use for purposes of making designation
recommendations as required by CAA
section 107(d)(1)(A). (See February 25,
2016, memorandum from Janet G.
McCabe, Acting Assistant
Administrator, to Regional
Administrators, Regions 1–10, titled,
‘‘Area Designations for the 2015 Ozone
National Ambient Air Quality
Standards’’ (Designations Guidance)).
The Designations Guidance provided
the anticipated timeline for designations
and identified important factors that the
EPA recommended states and tribes
consider in making their
recommendations and that the EPA
intended to consider in promulgating
designations. These factors include air
quality data, emissions and emissionsrelated data, meteorological data,
geography/topography and
jurisdictional boundaries. In the
Designations Guidance, the EPA asked
that states and tribes submit their
designation recommendations,
including appropriate area boundaries,
to the EPA by October 1, 2016.3 In the
guidance, the EPA indicated the agency
expected to complete the initial
designations for the 2015 ozone NAAQS
on a 2-year schedule, by October 1,
2017, consistent with CAA
107(d)(1)(B)(i).
On November 6, 2017, the EPA
designated about 85 percent of the
counties in the U.S., including tribal
lands within those counties.4 Consistent
3 The EPA previously issued two guidance
memoranda related to designating areas of Indian
country that also apply for designations for the 2015
ozone NAAQS. (See December 20, 2011,
memorandum from Stephen D. Page, Director,
Office of Air Quality Planning and Standards, to
Regional Air Directors, Regions I–X, titled, ‘‘Policy
for Establishing Separate Air Quality Designations
for Areas of Indian Country’’ and December 20,
2011, memorandum from Stephen D. Page, Director,
Office of Air Quality Planning and Standards, to
Regional Air Directors, Regions I–X, titled,
‘‘Guidance to Regions for Working with Tribes
during the National Ambient Air Quality Standards
(NAAQS) Designations Process.’’)
4 Although the EPA commonly uses the term
‘‘counties’’ when speaking of designations, we note
that the reference to ‘‘counties’’ also includes noncounty administrative or statistical areas that are
comparable to counties. For example, Louisiana
parishes; the organized boroughs of Alaska; the
District of Columbia and the independent cities of
the states of Virginia, Maryland, Missouri and
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with the EPA’s Tribal Designation
Guidance, the EPA designated two areas
of Indian country as separate areas.
On December 4, 2017, a coalition of
environmental and health organizations
filed suit against the EPA claiming that
the EPA failed to meet its mandatory
obligation to designate all areas of the
U.S. for the 2015 ozone NAAQS by
October 1, 2017. American Lung
Association, et al v. Pruitt (N.D. Cal. No.
4:17–cv–06900). A coalition of 15 states
also filed a similar suit on December 5,
2017. State of California v. Pruitt (N.D.
Cal. No. 4:17–cv–06936). In a March 12,
2018, order, the court granted the
motions in part and ordered the EPA ‘‘to
promulgate final designations for all
areas of the country except for the eight
undesignated counties composing the
San Antonio area no later than April 30,
2018’’ and ‘‘to promulgate final
designations for the San Antonio area
no later than 127 days from the date of
this order.’’ Thus, the designation
deadline for the San Antonio area was
set to July 17, 2018.
On March 19, 2018, the EPA sent a
120-day letter to the Governor of Texas
notifying the state of the EPA’s
preliminary response to the state’s
recommendations for the eight counties
in the San Antonio-New Braunfels,
Texas CBSA. The EPA requested that
Texas submit by May 11, 2018, any
additional information the state wanted
the EPA to consider in making final
designation decisions for the area.
Although not required by section
107(d)(2)(B) of the CAA, the EPA also
provided a 30-day public comment
period specific to this area (83 FR
13719; March 30, 2018). The comment
period closed on April 30, 2018.
On April 30, 2018, the EPA
designated all remaining undesignated
areas except the eight counties in the
San Antonio area (83 FR 25776; June 4,
2018).
This action designating the eight
counties in the San Antonio area
completes the initial designations for
the 2015 ozone NAAQS. The ADDRESSES
section earlier in this preamble provides
detail on where to find the information
supporting this designation action and
the prior two actions.
VII. What air quality data has the EPA
used to designate the counties in the
San Antonio-New Braunfels, Texas
CBSA for the 2015 ozone NAAQS?
The final ozone designations for the
counties in the San Antonio-New
Nevada are equivalent to counties for
administrative purposes. In addition, Alaska’s
Unorganized Borough is divided into 10 census
areas that are statistically equivalent to counties.
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Braunfels, Texas CBSA are based on air
quality monitoring data from the 3 most
recent years of certified data, which are
2015–2017. Under 40 CFR 58.16, states
are required to report all monitored
ozone air quality data and associated
quality assurance data within 90 days
after the end of each quarterly reporting
period, and under 40 CFR part
58.15(a)(2) states are required to submit
annual summary reports and a data
certification letter to the EPA by May 1
for ozone air quality data collected in
the previous calendar year. On March
19, 2018, when the EPA notified Texas
of the EPA’s intended designations for
the San Antonio area, the most recent
certification obligation was for air
quality data from 2016. On May 1, 2018,
Texas submitted certified air quality
monitoring data for 2017. The violating
monitors for the 2015–2017 period are
the same monitors that showed
violations for the 2014–2016 period.
VIII. What are the ozone air quality
classifications?
In accordance with CAA section
181(a)(1), each area designated as
nonattainment for the ozone NAAQS is
classified by operation of law at the
same time as the area is designated by
the EPA. Under subpart D of title I of the
CAA, state planning and emissions
control requirements for ozone are
determined, in part, by a nonattainment
area’s classification. The ozone
nonattainment areas are classified based
on the severity of their ozone levels (as
determined based on the area’s ‘‘design
value,’’ which represents air quality in
the area for the most recent 3 years).5
35139
The five classification categories are
Marginal, Moderate, Serious, Severe and
Extreme. Nonattainment areas with a
‘‘lower’’ classification have ozone levels
that are closer to the standard than areas
with a ‘‘higher’’ classification. Areas in
the lower classification levels have
fewer and/or less stringent mandatory
air quality planning and control
requirements than those in higher
classifications. On March 9, 2018 (83 FR
10376), the EPA published the
Classifications Rule that establishes the
ozone level threshold for each
classification for the 2015 ozone
NAAQS. Each nonattainment area’s
design value, based on the most recent
3 years of certified air quality
monitoring data, is used to establish the
classification for the area. See Table 1.
TABLE 1—CLASSIFICATION THRESHOLDS FOR THE 2015 OZONE NAAQS (0.070 ppm)
8-Hour ozone
design value
(ppm) a
Nonattainment area classification
Marginal ......................................................................................
Moderate .....................................................................................
Serious ........................................................................................
Severe-15 ....................................................................................
Severe-17 ....................................................................................
Extreme .......................................................................................
a
b
0.071
0.081
0.081
0.093
0.093
0.105
0.105
0.111
0.111
0.163
0.163
parts per million.
but not including.
The most recent 3 years of certified air
quality monitoring data for Bexar
County, Texas are from the period
2015–2017. The ozone design value is
0.074 ppm. Therefore, in accordance
with Table 1 above, the San Antonio,
Texas nonattainment area is classified
by operation of law as a Marginal area
for the 2015 ozone NAAQS. The
regulatory table for Texas included at
the end of this action provides the
classification for the nonattainment
area.
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from ............................................................................................
up to b .........................................................................................
from ............................................................................................
up to b .........................................................................................
from ............................................................................................
up to b .........................................................................................
from ............................................................................................
up to b .........................................................................................
from ............................................................................................
up to b .........................................................................................
equal to or above .......................................................................
the EPA Docket Center listed above in
the addresses section of this document,
and on the EPA’s ozone designation
website at https://www.epa.gov/ozonedesignations. State-specific information
is also available from the EPA Region 6
office at the address at the beginning of
this Preamble.
IX. Where can I find information
forming the basis for this rule and
exchanges between the EPA and the
state?
Information providing the basis for
this action is provided in the docket for
this rulemaking. The applicable EPA
guidance memoranda and copies of
correspondence regarding this process
between the EPA and the state and other
parties are also available for review at
X. Environmental Justice Concerns
When the EPA establishes a new or
revised NAAQS, the CAA requires the
EPA to designate all areas of the U.S. as
either nonattainment, attainment or
unclassifiable. This final action
addresses designation determinations
for eight counties in Texas for the 2015
ozone NAAQS. Seven counties are being
designated as attainment/unclassifiable
and one county is being designated as
nonattainment. In addition, the
nonattainment area is being classified as
Marginal according to the severity of its
ozone air quality problem. Area
designations address environmental
5 The air quality design value for the 8-hour
ozone NAAQS is the 3-year average of the annual
justice concerns by ensuring that the
public is properly informed about the
air quality in an area. In locations where
air quality does not meet the NAAQS,
the CAA requires relevant state
authorities to initiate appropriate air
quality management actions to ensure
that all those residing, working,
attending school or otherwise present in
those areas are protected, regardless of
minority and economic status.
4th highest daily maximum 8-hour average ozone
concentration. See 40 CFR part 50, Appendix U.
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XI. 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 exempt from review by
the Office of Management and Budget
because it responds to the CAA
requirement to promulgate air quality
designations after promulgation of a
new or revised NAAQS.
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Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Rules and Regulations
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not an Executive Order
13771 regulatory action because actions
such as air quality designations after
promulgating a new revised NAAQS are
exempt from review under Executive
Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA. This action fulfills the nondiscretionary duty for the EPA to
promulgate air quality designations after
promulgation of a new or revised
NAAQS and does not contain any
information collection activities.
D. Regulatory Flexibility Act (RFA)
This designation action under CAA
section 107(d) is not subject to the RFA.
The RFA applies only to rules subject to
notice-and-comment rulemaking
requirements under the Administrative
Procedure Act (APA), 5 U.S.C. 553, or
any other statute. Section 107(d)(2)(B) of
the CAA explicitly provides that
designations are exempt from the
notice-and-comment provisions of the
APA. In addition, designations under
CAA section 107(d) are not among the
list of actions that are subject to the
notice-and-comment rulemaking
requirements of CAA section 307(d).
E. 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. The action imposes no
enforceable duty on any state, local or
tribal governments or the private sector.
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F. 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. The division of
responsibility between the federal
government and the states for purposes
of implementing the NAAQS is
established under the CAA.
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G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications. It will neither impose
substantial direct compliance costs on
federally recognized tribal governments,
nor preempt tribal law. There are no
tribes affected by this action.
H. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 as applying 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 establish an
environmental standard intended to
mitigate health or safety risks.
I. 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.
J. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that this action does
not have disproportionately high and
adverse human health or environmental
effects on minority populations, lowincome populations and/or indigenous
peoples, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994).
The documentation for this
determination is contained in Section X
of this preamble, ‘‘Environmental
Justice Concerns.’’
L. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the U.S. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2).
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M. Judicial Review
Under section 307(b)(1) of the Act,
petitions for judicial review of this
action must be filed in the U.S. Court of
Appeals for the appropriate circuit by
September 24, 2018. Under section
307(b)(2) of the Act, the requirements of
this final action may not be challenged
later in civil or criminal proceedings for
enforcement.
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: July 17, 2018.
Andrew R. Wheeler,
Acting Administrator.
For the reasons set forth in the
preamble, 40 CFR part 81 is amended as
follows:
PART 81—DESIGNATIONS OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
1. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
Subpart C—Section 107 Attainment
Status Designations
2. In § 81.344, the table titled
‘‘Texas—2015 8-Hour Ozone NAAQS
(Primary and Secondary)’’ is amended
by:
■ a. Adding an entry for San Antonio,
TX before the entry for Rest of State;
■ b. Adding an entry for Atascosa
County before the entry for Austin
County;
■ c. Adding an entry for Bandera
County before the entry for Bastrop
County;
■ d. Adding an entry for Comal County
before the entry for Comanche County;
■ e. Adding an entry for Guadalupe
County before the entry for Hale County;
■ f. Adding an entry for Kendall County
before the entry for Kenedy County;
■ g. Adding an entry for Medina County
before the entry for Menard County; and
■ h. Adding an entry for Wilson County
before the entry for Winkler County.
The additions read as follows:
■
§ 81.344
*
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Texas.
*
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Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Rules and Regulations
TEXAS—2015 8-HOUR OZONE NAAQS
[Primary and Secondary]
Designation
Classification
Designated area 1
Date 2
*
*
*
*
San Antonio, TX .................................................................................................
Bexar County.
*
Rest of State:
*
*
*
9/24/2018
*
9/24/2018
*
*
*
*
Bandera County ..........................................................................................
9/24/2018
*
*
*
*
Comal County .............................................................................................
9/24/2018
*
*
*
*
Guadalupe County ......................................................................................
9/24/2018
*
*
*
*
Kendall County ............................................................................................
9/24/2018
*
*
*
*
Medina County ............................................................................................
9/24/2018
*
*
*
*
Wilson County .............................................................................................
9/24/2018
*
*
*
*
Nonattainment ..
*
*
*
*
*
Atascosa County .........................................................................................
*
Date 2
Type
9/24/2018
Type
*
Marginal.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Attainment/
Unclassifiable.
*
Attainment/
Unclassifiable.
*
Attainment/
Unclassifiable.
*
Attainment/
Unclassifiable.
*
Attainment/
Unclassifiable.
*
Attainment/
Unclassifiable.
*
Attainment/
Unclassifiable.
*
1 Includes
any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
2 This date is August 3, 2018, unless otherwise noted.
40 CFR Part 180
This regulation is effective July
25, 2018. Objections and requests for
hearings must be received on or before
September 24, 2018, and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
[EPA–HQ–OPP–2017–0226; FRL–9979–81]
ADDRESSES:
DATES:
[FR Doc. 2018–15919 Filed 7–24–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Florasulam; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
daltland on DSKBBV9HB2PROD with RULES
AGENCY:
This regulation establishes
tolerances for residues of florasulam in
or on teff forage, teff grain, teff hay, and
teff straw. Interregional Research Project
Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
SUMMARY:
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The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2017–0226, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. 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
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Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
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[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)]
[Rules and Regulations]
[Pages 35136-35141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15919]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-HQ-OAR-2017-0548; FRL-9981-17-OAR]
RIN 2060-AU13
Additional Air Quality Designations for the 2015 Ozone National
Ambient Air Quality Standards--San Antonio, Texas Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is establishing
initial air quality designations for the eight counties in the San
Antonio-New Braunfels, Texas Core Based Statistical Area (CBSA) for the
2015 primary and secondary national ambient air quality standards
(NAAQS) for ozone. The EPA is designating Bexar County as the San
Antonio, Texas nonattainment area and the remaining seven counties as
attainment/unclassifiable areas. The San Antonio, Texas nonattainment
area is also being classified as Marginal by operation of law according
to the severity of its air quality problem. Of the five classification
categories, Marginal nonattainment areas have ozone levels that are
closest to the ozone NAAQS at the time of designation. This action
completes the initial designations for the 2015 ozone NAAQS. The EPA
designated all other areas of the country for the 2015 ozone NAAQS in
actions signed by the Administrator on November 6, 2017, and April 30,
2018.
DATES: The effective date of this rule is September 24, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2017-0548. All documents in the docket are
listed in the index at https://www.regulations.gov. Although listed in
the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in the docket or in hard copy at the
EPA Docket Center, EPA WJC West Building, 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 Office of Air and Radiation Docket and
Information Center is (202) 566-1742.
In addition, the EPA has established a website for rulemakings for
the initial area designations for the 2015 ozone NAAQS at https://www.epa.gov/ozone-designations. The website includes the EPA's final
designations, as well as designation recommendation letters from states
and tribes, the EPA's 120-letters notifying the states whether the EPA
intends to modify the state's recommendation, technical support
documents, responses to comments and other related technical
information.
The public may also inspect this rule and state-specific technical
support information in hard copy at EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733.
FOR FURTHER INFORMATION CONTACT: Denise Scott, Office of Air Quality
Planning and Standards, U.S. Environmental Protection Agency, Mail Code
C539-01, Research Triangle Park, NC 27711, phone number (919) 541-4280,
email: [email protected] or Carrie Paige, U.S. Environmental
Protection Agency, Region 6, Mail Code: 6MM-AB, 445 Ross Avenue,
Dallas, TX 75202, telephone (214) 665-6521, email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
The following is an outline of the preamble.
I. Preamble Glossary of Terms and Acronyms
II. What is the purpose of this action?
III. What is ozone and how is it formed?
IV. What are the 2015 ozone NAAQS and the health and welfare
concerns they address?
V. What are the CAA requirements for air quality designations?
VI. What is the chronology for this designations rule and what
guidance did the EPA provide?
VII. What air quality data has the EPA used to designate the
counties in the San Antonio-New Braunfels, Texas CBSA for the 2015
ozone NAAQS?
VIII. What are the ozone air quality classifications?
IX. Where can I find information forming the basis for this rule and
exchanges between the EPA and the state?
X. Environmental Justice Concerns
XI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulations and Regulatory Review
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
I. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution or Use
J. National Technology Transfer and Advancement Act (NTTAA)
K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
L. Congressional Review Act (CRA)
M. Judicial Review
I. Preamble Glossary of Terms and Acronyms
The following are abbreviations of terms used in the preamble.
APA Administrative Procedure Act
CAA Clean Air Act
CFR Code of Federal Regulations
CBSA Core Based Statistical Area
DC District of Columbia
EPA Environmental Protection Agency
FR Federal Register
NAAQS National Ambient Air Quality Standards
NOX Nitrogen Oxides
NTTAA National Technology Transfer and Advancement Act
PPM Parts per million
RFA Regulatory Flexibility Act
UMRA Unfunded Mandate Reform Act of 1995
TAR Tribal Authority Rule
U.S. United States
U.S.C. United States Code
VOC Volatile Organic Compounds
[[Page 35137]]
II. What is the purpose of this action?
The purpose of this action is to announce and promulgate initial
area designations for the eight counties in the San Antonio-New
Braunfels, Texas CBSA with respect to the 2015 primary and secondary
NAAQS for ozone, in accordance with the requirements of Clean Air Act
(CAA) section 107(d). The EPA is designating Bexar County as the San
Antonio, Texas nonattainment area and the remaining seven counties as
attainment/unclassifiable areas. With this designation action, the EPA
has completed the initial designations for all areas of the country for
the 2015 ozone NAAQS.
In addition, this action announces the classification for the San
Antonio, Texas nonattainment area as Marginal. The classification
occurs by operation of law at the time of designation based on the
severity of the area's ozone air quality problem. The classification
categories are Marginal, Moderate, Serious, Severe and Extreme. The EPA
established the air quality thresholds that define the classifications
in a separate rule titled, ``Implementation of the 2015 National
Ambient Air Quality Standards for Ozone: Nonattainment Area
Classifications Approach'' (Classifications Rule) (83 FR 10376; March
9, 2018).
The list of the areas being designated in this action appears in
the regulatory table for Texas included at the end of this final rule.
This table, which will amend 40 CFR part 81, identifies the designation
for each area and the classification for the nonattainment area.
The EPA is basing the designations on the most recent 3 years of
certified ozone air quality monitoring data (2015-2017) and on an
evaluation of factors to assess contributions to nonattainment in
nearby areas. State areas designated as nonattainment are subject to
planning and emission reduction requirements as specified in CAA part
D. Requirements vary according to an area's classification. On November
17, 2016, the EPA proposed an implementation rule for the 2015 ozone
NAAQS (81 FR 81276). The EPA anticipates issuing the final
implementation rule in 2018. This final implementation rule, along with
additional forthcoming tools and guidance documents related to
provisions for regulatory relief to address background and
international ozone concentrations, should help nonattainment areas to
address these emissions in state plans. In particular, the EPA
recognizes that the information provided by Texas regarding likely
future ozone trends and the role of international transport may provide
an avenue to help the state demonstrate this area attains the 2015
ozone NAAQS by the attainment date or is otherwise entitled to
regulatory relief.
III. What is ozone and how is it formed?
Ground-level ozone is a gas that is formed by the reaction of
volatile organic compounds (VOCs) and oxides of nitrogen
(NOX) in the atmosphere in the presence of sunlight. These
precursor emissions are emitted by many types of pollution sources,
including power plants and industrial emissions sources, on-road and
off-road motor vehicles and engines and smaller sources, collectively
referred to as area sources. Ozone is predominately a summertime air
pollutant. However, high ozone concentrations have also been observed
in cold months, where a few areas in the western United States (U.S.)
have experienced high levels of local VOC and NOX emissions
that have formed ozone when snow is on the ground and temperatures are
near or below freezing. Ozone and ozone precursors can be transported
to an area from sources in nearby areas or from sources located
hundreds of miles away. For purposes of determining ozone nonattainment
area boundaries, the CAA requires the EPA to include areas that
contribute to nearby violations of the NAAQS.
IV. What are the 2015 ozone NAAQS and the health and welfare concerns
they address?
On October 1, 2015, the EPA revised both the primary and secondary
NAAQS for ozone to a level of 0.070 parts per million (ppm) (annual
fourth-highest daily maximum 8-hour average concentration, averaged
over 3 years).\1\ The level of both the primary and secondary ozone
NAAQS previously set in 2008 is 0.075 ppm. The 2015 ozone NAAQS retain
the same general form and averaging time as the 2008 ozone NAAQS.
---------------------------------------------------------------------------
\1\ See 80 FR 65296; October 26, 2015, for a detailed
explanation of the calculation of the 3-year 8-hour average and 40
CFR part 50, Appendix U.
---------------------------------------------------------------------------
The primary ozone standards provide protection for children, older
adults, people with asthma or other lung diseases and other at-risk
populations against an array of adverse health effects that include
reduced lung function, increased respiratory symptoms and pulmonary
inflammation; effects that contribute to emergency department visits or
hospital admissions; and mortality. The secondary ozone standards
protect against adverse effects to the public welfare, including those
related to impacts on sensitive vegetation and forested ecosystems.
V. What are the CAA requirements for air quality designations?
When the EPA promulgates a new or revised NAAQS, the EPA is
required to designate all areas in the country as nonattainment,
attainment or unclassifiable, pursuant to section 107(d)(1) of the CAA.
Section 107(d)(1)(A)(i) of the CAA defines a nonattainment area as,
``any area that does not meet (or that contributes to ambient air
quality in a nearby area that does not meet) the national primary or
secondary ambient air quality standard for the pollutant.'' If an area
meets either prong of this definition, states should recommend and the
EPA is obligated to designate the area as ``nonattainment.'' CAA
section 107(d)(1)(A)(ii) defines an attainment area as any area that
does not meet the definition of nonattainment and that meets the NAAQS.
CAA section 107(d)(1)(A)(iii) provides that any area that the EPA
cannot designate on the basis of available information as meeting or
not meeting the standards should be designated as ``unclassifiable.''
Historically for ozone, the EPA has designated most areas that do not
meet the definition of nonattainment as ``unclassifiable/attainment.''
This category includes areas that have air quality monitoring data
meeting the NAAQS and areas that do not have monitors but for which the
EPA has no evidence that the areas may be violating the NAAQS or
contributing to a nearby violation. In the designations for the 2015
ozone NAAQS, the EPA has reversed the order of the label to be
attainment/unclassifiable to better convey the definition of the
designation category and so that the category is more easily
distinguished from the separate unclassifiable category. In a few
instances, based on circumstances where some monitoring data are
available but are not sufficient for a determination that an area is or
is not attaining the NAAQS, the EPA has designated an area as
``unclassifiable.''
Section 107(d)(1)(B) of the CAA requires the EPA to issue initial
area designations within 2 years of promulgating a new or revised
NAAQS. However, if the Administrator has insufficient information to
make these designations within that time frame, the EPA has the
authority to extend the deadline for designation decisions by up to 1
additional year.
By not later than 1 year after the promulgation of a new or revised
[[Page 35138]]
NAAQS, each state governor is required to recommend air quality
designations, including the appropriate boundaries for areas, to the
EPA. (See CAA section 107(d)(1)(A).) The EPA reviews those state
recommendations and is authorized to make any modifications the
Administrator deems necessary. The statute does not define the term
``necessary,'' but the EPA interprets this to authorize the
Administrator to modify designation recommendations that are
inconsistent with the statutory language, including modification of
recommended boundaries for nonattainment areas that are not supported
by the facts or analysis. If the EPA intends to modify a state's
recommendation, section 107(d)(1)(B) of the CAA requires the EPA to
notify the state of any such intended modifications not less than 120
days prior to the EPA's promulgation of the final designation. These
notifications are commonly known as the ``120-day letters.'' If the
state does not agree with the EPA's intended modification, the 120-day
period provides an opportunity for the state to demonstrate to the EPA
why it believes any modification proposed by the EPA is inappropriate.
If a state fails to provide any recommendation for an area, in whole or
in part, the EPA must promulgate a designation that the Administrator
deems appropriate.
The terms ``contributes to'' and ``nearby'' in the definition of a
nonattainment area are not defined in the statute and the EPA has
discretion to interpret these ambiguous terms, based on considerations
such as the nature of a specific pollutant, the types of sources that
may contribute to violations, the form of the relevant NAAQS and any
other relevant information. The EPA does not interpret the statute to
require the agency to establish bright line tests or thresholds for
what constitutes ``contribution'' or ``nearby'' for purposes of
designations.\2\
---------------------------------------------------------------------------
\2\ This view was confirmed in Catawba County v. EPA, 571 F.3d
20 (D.C. Cir. 2009).
---------------------------------------------------------------------------
Section 301(d) of the CAA authorizes the EPA to approve eligible
Indian tribes to implement provisions of the CAA on Indian reservations
and other areas within the tribes' jurisdiction. The Tribal Authority
Rule (TAR) (40 CFR part 49), which implements section 301(d) of the
CAA, sets forth the criteria and process for tribes to apply to the EPA
for eligibility to administer CAA programs. The designations process
contained in section 107(d) of the CAA is included among those
provisions determined to be appropriate by the EPA for treatment of
tribes in the same manner as states. Under the TAR, tribes generally
are not subject to the same submission schedules imposed by the CAA on
states. As authorized by the TAR, tribes may seek eligibility to submit
designation recommendations to the EPA.
VI. What is the chronology for this designations rule and what guidance
did the EPA provide?
On February 25, 2016, the EPA issued guidance for states and tribal
agencies to use for purposes of making designation recommendations as
required by CAA section 107(d)(1)(A). (See February 25, 2016,
memorandum from Janet G. McCabe, Acting Assistant Administrator, to
Regional Administrators, Regions 1-10, titled, ``Area Designations for
the 2015 Ozone National Ambient Air Quality Standards'' (Designations
Guidance)). The Designations Guidance provided the anticipated timeline
for designations and identified important factors that the EPA
recommended states and tribes consider in making their recommendations
and that the EPA intended to consider in promulgating designations.
These factors include air quality data, emissions and emissions-related
data, meteorological data, geography/topography and jurisdictional
boundaries. In the Designations Guidance, the EPA asked that states and
tribes submit their designation recommendations, including appropriate
area boundaries, to the EPA by October 1, 2016.\3\ In the guidance, the
EPA indicated the agency expected to complete the initial designations
for the 2015 ozone NAAQS on a 2-year schedule, by October 1, 2017,
consistent with CAA 107(d)(1)(B)(i).
---------------------------------------------------------------------------
\3\ The EPA previously issued two guidance memoranda related to
designating areas of Indian country that also apply for designations
for the 2015 ozone NAAQS. (See December 20, 2011, memorandum from
Stephen D. Page, Director, Office of Air Quality Planning and
Standards, to Regional Air Directors, Regions I-X, titled, ``Policy
for Establishing Separate Air Quality Designations for Areas of
Indian Country'' and December 20, 2011, memorandum from Stephen D.
Page, Director, Office of Air Quality Planning and Standards, to
Regional Air Directors, Regions I-X, titled, ``Guidance to Regions
for Working with Tribes during the National Ambient Air Quality
Standards (NAAQS) Designations Process.'')
---------------------------------------------------------------------------
On November 6, 2017, the EPA designated about 85 percent of the
counties in the U.S., including tribal lands within those counties.\4\
Consistent with the EPA's Tribal Designation Guidance, the EPA
designated two areas of Indian country as separate areas.
---------------------------------------------------------------------------
\4\ Although the EPA commonly uses the term ``counties'' when
speaking of designations, we note that the reference to ``counties''
also includes non-county administrative or statistical areas that
are comparable to counties. For example, Louisiana parishes; the
organized boroughs of Alaska; the District of Columbia and the
independent cities of the states of Virginia, Maryland, Missouri and
Nevada are equivalent to counties for administrative purposes. In
addition, Alaska's Unorganized Borough is divided into 10 census
areas that are statistically equivalent to counties.
---------------------------------------------------------------------------
On December 4, 2017, a coalition of environmental and health
organizations filed suit against the EPA claiming that the EPA failed
to meet its mandatory obligation to designate all areas of the U.S. for
the 2015 ozone NAAQS by October 1, 2017. American Lung Association, et
al v. Pruitt (N.D. Cal. No. 4:17-cv-06900). A coalition of 15 states
also filed a similar suit on December 5, 2017. State of California v.
Pruitt (N.D. Cal. No. 4:17-cv-06936). In a March 12, 2018, order, the
court granted the motions in part and ordered the EPA ``to promulgate
final designations for all areas of the country except for the eight
undesignated counties composing the San Antonio area no later than
April 30, 2018'' and ``to promulgate final designations for the San
Antonio area no later than 127 days from the date of this order.''
Thus, the designation deadline for the San Antonio area was set to July
17, 2018.
On March 19, 2018, the EPA sent a 120-day letter to the Governor of
Texas notifying the state of the EPA's preliminary response to the
state's recommendations for the eight counties in the San Antonio-New
Braunfels, Texas CBSA. The EPA requested that Texas submit by May 11,
2018, any additional information the state wanted the EPA to consider
in making final designation decisions for the area. Although not
required by section 107(d)(2)(B) of the CAA, the EPA also provided a
30-day public comment period specific to this area (83 FR 13719; March
30, 2018). The comment period closed on April 30, 2018.
On April 30, 2018, the EPA designated all remaining undesignated
areas except the eight counties in the San Antonio area (83 FR 25776;
June 4, 2018).
This action designating the eight counties in the San Antonio area
completes the initial designations for the 2015 ozone NAAQS. The
ADDRESSES section earlier in this preamble provides detail on where to
find the information supporting this designation action and the prior
two actions.
VII. What air quality data has the EPA used to designate the counties
in the San Antonio-New Braunfels, Texas CBSA for the 2015 ozone NAAQS?
The final ozone designations for the counties in the San Antonio-
New
[[Page 35139]]
Braunfels, Texas CBSA are based on air quality monitoring data from the
3 most recent years of certified data, which are 2015-2017. Under 40
CFR 58.16, states are required to report all monitored ozone air
quality data and associated quality assurance data within 90 days after
the end of each quarterly reporting period, and under 40 CFR part
58.15(a)(2) states are required to submit annual summary reports and a
data certification letter to the EPA by May 1 for ozone air quality
data collected in the previous calendar year. On March 19, 2018, when
the EPA notified Texas of the EPA's intended designations for the San
Antonio area, the most recent certification obligation was for air
quality data from 2016. On May 1, 2018, Texas submitted certified air
quality monitoring data for 2017. The violating monitors for the 2015-
2017 period are the same monitors that showed violations for the 2014-
2016 period.
VIII. What are the ozone air quality classifications?
In accordance with CAA section 181(a)(1), each area designated as
nonattainment for the ozone NAAQS is classified by operation of law at
the same time as the area is designated by the EPA. Under subpart D of
title I of the CAA, state planning and emissions control requirements
for ozone are determined, in part, by a nonattainment area's
classification. The ozone nonattainment areas are classified based on
the severity of their ozone levels (as determined based on the area's
``design value,'' which represents air quality in the area for the most
recent 3 years).\5\ The five classification categories are Marginal,
Moderate, Serious, Severe and Extreme. Nonattainment areas with a
``lower'' classification have ozone levels that are closer to the
standard than areas with a ``higher'' classification. Areas in the
lower classification levels have fewer and/or less stringent mandatory
air quality planning and control requirements than those in higher
classifications. On March 9, 2018 (83 FR 10376), the EPA published the
Classifications Rule that establishes the ozone level threshold for
each classification for the 2015 ozone NAAQS. Each nonattainment area's
design value, based on the most recent 3 years of certified air quality
monitoring data, is used to establish the classification for the area.
See Table 1.
---------------------------------------------------------------------------
\5\ The air quality design value for the 8-hour ozone NAAQS is
the 3-year average of the annual 4th highest daily maximum 8-hour
average ozone concentration. See 40 CFR part 50, Appendix U.
Table 1--Classification Thresholds for the 2015 Ozone NAAQS (0.070 ppm)
------------------------------------------------------------------------
8-Hour ozone
Nonattainment area design value
classification (ppm) \a\
------------------------------------------------------------------------
Marginal....................... from................... 0.071
up to \b\.............. 0.081
Moderate....................... from................... 0.081
up to \b\.............. 0.093
Serious........................ from................... 0.093
up to \b\.............. 0.105
Severe-15...................... from................... 0.105
up to \b\.............. 0.111
Severe-17...................... from................... 0.111
up to \b\.............. 0.163
Extreme........................ equal to or above...... 0.163
------------------------------------------------------------------------
\a\ parts per million.
\b\ but not including.
The most recent 3 years of certified air quality monitoring data
for Bexar County, Texas are from the period 2015-2017. The ozone design
value is 0.074 ppm. Therefore, in accordance with Table 1 above, the
San Antonio, Texas nonattainment area is classified by operation of law
as a Marginal area for the 2015 ozone NAAQS. The regulatory table for
Texas included at the end of this action provides the classification
for the nonattainment area.
IX. Where can I find information forming the basis for this rule and
exchanges between the EPA and the state?
Information providing the basis for this action is provided in the
docket for this rulemaking. The applicable EPA guidance memoranda and
copies of correspondence regarding this process between the EPA and the
state and other parties are also available for review at the EPA Docket
Center listed above in the addresses section of this document, and on
the EPA's ozone designation website at https://www.epa.gov/ozone-designations. State-specific information is also available from the EPA
Region 6 office at the address at the beginning of this Preamble.
X. Environmental Justice Concerns
When the EPA establishes a new or revised NAAQS, the CAA requires
the EPA to designate all areas of the U.S. as either nonattainment,
attainment or unclassifiable. This final action addresses designation
determinations for eight counties in Texas for the 2015 ozone NAAQS.
Seven counties are being designated as attainment/unclassifiable and
one county is being designated as nonattainment. In addition, the
nonattainment area is being classified as Marginal according to the
severity of its ozone air quality problem. Area designations address
environmental justice concerns by ensuring that the public is properly
informed about the air quality in an area. In locations where air
quality does not meet the NAAQS, the CAA requires relevant state
authorities to initiate appropriate air quality management actions to
ensure that all those residing, working, attending school or otherwise
present in those areas are protected, regardless of minority and
economic status.
XI. 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 exempt from review by the Office of Management and
Budget because it responds to the CAA requirement to promulgate air
quality designations after promulgation of a new or revised NAAQS.
[[Page 35140]]
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because actions such as air quality designations after promulgating a
new revised NAAQS are exempt from review under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. This action fulfills the non-discretionary duty for the EPA to
promulgate air quality designations after promulgation of a new or
revised NAAQS and does not contain any information collection
activities.
D. Regulatory Flexibility Act (RFA)
This designation action under CAA section 107(d) is not subject to
the RFA. The RFA applies only to rules subject to notice-and-comment
rulemaking requirements under the Administrative Procedure Act (APA), 5
U.S.C. 553, or any other statute. Section 107(d)(2)(B) of the CAA
explicitly provides that designations are exempt from the notice-and-
comment provisions of the APA. In addition, designations under CAA
section 107(d) are not among the list of actions that are subject to
the notice-and-comment rulemaking requirements of CAA section 307(d).
E. 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. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.
F. 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. The
division of responsibility between the federal government and the
states for purposes of implementing the NAAQS is established under the
CAA.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications. It will neither
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law. There are no tribes
affected by this action.
H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying 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 establish an environmental
standard intended to mitigate health or safety risks.
I. 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.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
documentation for this determination is contained in Section X of this
preamble, ``Environmental Justice Concerns.''
L. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the U.S. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
M. Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the U.S. Court of Appeals for the
appropriate circuit by September 24, 2018. Under section 307(b)(2) of
the Act, the requirements of this final action may not be challenged
later in civil or criminal proceedings for enforcement.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: July 17, 2018.
Andrew R. Wheeler,
Acting Administrator.
For the reasons set forth in the preamble, 40 CFR part 81 is
amended as follows:
PART 81--DESIGNATIONS OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart C--Section 107 Attainment Status Designations
0
2. In Sec. 81.344, the table titled ``Texas--2015 8-Hour Ozone NAAQS
(Primary and Secondary)'' is amended by:
0
a. Adding an entry for San Antonio, TX before the entry for Rest of
State;
0
b. Adding an entry for Atascosa County before the entry for Austin
County;
0
c. Adding an entry for Bandera County before the entry for Bastrop
County;
0
d. Adding an entry for Comal County before the entry for Comanche
County;
0
e. Adding an entry for Guadalupe County before the entry for Hale
County;
0
f. Adding an entry for Kendall County before the entry for Kenedy
County;
0
g. Adding an entry for Medina County before the entry for Menard
County; and
0
h. Adding an entry for Wilson County before the entry for Winkler
County.
The additions read as follows:
Sec. 81.344 Texas.
* * * * *
[[Page 35141]]
Texas--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ ------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
San Antonio, TX.................. 9/24/2018 Nonattainment............ 9/24/2018 Marginal.
Bexar County.................
* * * * * * *
Rest of State:
* * * * * * *
Atascosa County.............. 9/24/2018 Attainment/Unclassifiable
* * * * * * *
Bandera County............... 9/24/2018 Attainment/Unclassifiable
* * * * * * *
Comal County................. 9/24/2018 Attainment/Unclassifiable
* * * * * * *
Guadalupe County............. 9/24/2018 Attainment/Unclassifiable
* * * * * * *
Kendall County............... 9/24/2018 Attainment/Unclassifiable
* * * * * * *
Medina County................ 9/24/2018 Attainment/Unclassifiable
* * * * * * *
Wilson County................ 9/24/2018 Attainment/Unclassifiable
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
boundaries of any area of Indian country in this table, including any area of Indian country located in the
larger designation area. The inclusion of any Indian country in the designation area is not a determination
that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
[FR Doc. 2018-15919 Filed 7-24-18; 8:45 am]
BILLING CODE 6560-50-P
