Implementation of the Revoked 1997 8-Hour Ozone National Ambient Air Quality Standards; Updates to 40 CFR Part 52 for Areas That Attained by the Attainment Date, 64046-64050 [2020-19559]
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Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Rules and Regulations
• 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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 8, 2020. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action
pertaining to West Virginia’s limited
maintenance plan for the ParkersburgMarietta, WV-OH Area comprising
Wood County may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
Applicable
geographic area
Name of non-regulatory SIP revision
*
*
*
1997 8-Hour Ozone Standard Second Maintenance
Plan for the West Virginia Portion of the Parkersburg-Marietta, WV-OH Area Comprising Wood
County.
[FR Doc. 2020–20810 Filed 10–8–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–HQ–OAR–2019–0611; FRL–10013–72–
OAR]
RIN 2060–AU54
Implementation of the Revoked 1997 8Hour Ozone National Ambient Air
Quality Standards; Updates to 40 CFR
Part 52 for Areas That Attained by the
Attainment Date
Environmental Protection
Agency (EPA)
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is updating part 52 of title
40, chapter 1 of the Code of Federal
SUMMARY:
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*
Parkersburg-Marietta
WV-OH Area Comprising Wood County.
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Dated: September 15, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
For the reasons stated in the preamble
the EPA amends 40 CFR part 52 as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart XX—West Virginia
2. In § 52.2520, the table in paragraph
(e) is amended by adding the entry
‘‘1997 8-Hour Ozone Standard Second
Maintenance Plan for the West Virginia
Portion of the Parkersburg-Marietta WVOH Area Comprising Wood County’’ at
the end of the table to read as follows:
■
§ 52.2520
*
*
12/10/2019
Identification of plan.
*
*
(e) * * *
State
submittal
date
Regulations (CFR) to codify its findings
that nine areas in four states attained the
revoked 1997 8-hour ozone National
Ambient Air Quality Standards (herein
referred to as the 1997 ozone NAAQS)
by the applicable attainment dates. In
February 2019, EPA Regional Offices
sent letters to the affected states to
communicate the EPA’s findings. The
areas that timely attained the standards
include the Buffalo-Niagara Falls area,
and the Jefferson County, Poughkeepsie
and Jamestown areas in the state of New
York; the Shoreline Sheboygan County
and Inland Sheboygan County areas in
Wisconsin; the Denver-Boulder-GreeleyFt. Collins-Loveland area in Colorado;
and the San Francisco Bay and Ventura
County areas in California. Publishing
these determinations in part 52 will
document for the public and state air
agencies that these areas attained the
standards by the applicable attainment
dates and are therefore not subject to
PO 00000
reference, Nitrogen dioxide, Ozone,
Volatile organic compounds.
*
*
EPA
approval
date
*
10/9/2020, [insert Federal Register citation].
Additional
explanation
*
anti-backsliding consequences for
failure to timely attain the standards.
DATES: The direct final rule is effective
on January 7, 2021 without further
notice unless the EPA receives relevant
adverse written comments, or if a public
hearing is requested by October 14,
2020, on the proposed rule. In such
case, refer to the General Information
section.
The EPA established Docket
ID No. EPA–HQ–OAR–2019–0611 for
this action. All documents on the docket
are listed at https://
www.regulations.gov. Although listed in
the docket index, some information may
not be publicly available, e.g.,
Confidential Business Information (CBI)
or other information for which
disclosure is restricted by statute.
Certain other information, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
ADDRESSES:
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Docket materials are available
electronically to the public through
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
further general information on this
direct final rule, contact Ms. Virginia
Raps, Air Quality Policy Division, Office
of Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Mail Code: C539–01, Research Triangle
Park, NC 27711, telephone (919) 541–
4383; fax number: (919) 541–5315;
email address: raps.virginia@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. Why is EPA using a direct final rule?
B. Does this action apply to me?
II. Background
III. Summary of Final Action
IV. Environmental Justice Considerations
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. 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. General Information
A. Why is EPA using a direct final rule?
The EPA is publishing this direct final
rule without a prior proposed rule
because the agency views this as a
noncontroversial action. The EPA
anticipates no adverse comment because
this final action codifies the EPA’s
factual findings that certain areas
attained the revoked 1997 ozone
NAAQS by the applicable attainment
dates. In the ‘‘Proposed Rules’’ section
of this Federal Register, the EPA is
publishing the parallel proposed rule to
update part 52. If adverse comments are
received on the proposed rule, the EPA
will not institute a second comment
period on this action. Any parties
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interested in commenting on the
proposed rule must do so at this time.
For further information about
commenting on the proposed rule, see
the DATES and ADDRESSES section of the
proposed rule.
If the EPA receives relevant adverse
comment on all or a distinct portion of
the proposed rule, the Agency will
publish a timely withdrawal in the
Federal Register. The withdrawal notice
will inform the public of the direct final
rule provisions that will become
effective and which provisions are being
withdrawn. In the event the EPA
receives relevant adverse comment on
the proposed rule, the EPA will respond
in writing to comments and include the
written responses in any subsequent
final rule based on the proposed rule.
B. Does this action apply to me?
Publishing these determinations in
part 52 will document for the public
and state air agencies that these areas
factually attained the revoked 1997
ozone NAAQS by the applicable
attainment dates and are therefore not
subject to anti-backsliding consequences
for failure to timely attain the standards.
The scope of the rule is narrow, and the
EPA had previously informed the
affected states’ air agencies of these
determinations by way of letter in
February 2019. The direct final rule will
not create any new requirements for any
affected state. Nonetheless, the public is
invited to comment on the proposed
rule.
II. Background
On July 18, 1997, the EPA established
standards for the 8-hour average ozone
concentrations at a level of 0.08 parts
per million (ppm) 1 for both the primary
and secondary NAAQS 2 (herein
referred to as the 1997 ozone NAAQS).3
Subsequently, the EPA designated areas
around the country as either attaining
(‘‘attainment’’) or not attaining
(‘‘nonattainment’’) the 1997 ozone
1 An area would violate the standard at a level
greater than 0.084 ppm because rounding would
cause a level of 0.085 ppm to be interpreted as 0.09
ppm, which exceeds the 0.08 ppm standard.
2 Primary standards provide public health
protection, including protecting the health of
‘‘sensitive’’ populations such as asthmatics,
children, and the elderly. Secondary standards
provide public welfare protection, including
protection against decreased visibility and damage
to animals, crops, vegetation, and buildings.
Available on the internet at https://www.epa.gov/
criteria-air-pollutants/naaqs-table.
3 See 62 FR 38855, July 18, 1997, ‘‘National
Ambient Air Quality [1997] Standards for Ozone,’’
final rule effective September 16, 1997. Available
on the U.S. Government Publishing Office (GPO)
website at https://www.govinfo.gov/content/pkg/FR1997-07-18/pdf/97-18580.pdf.
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NAAQS. Effective on June 15, 2004,4 the
EPA established the nonattainment area
designations, classifications, and
attainment dates 5 that applied to the
1997 ozone NAAQS nonattainment
areas, and included attainment dates for
Early Action Compact (EAC) areas.6 The
EPA then issued a rule for
implementing the 1997 ozone NAAQS
that was published in a separate Federal
Register notice effective on the same
date, June 15, 2004.7
Four years later, on March 27, 2008,
the EPA revised the 8-hour ozone
standards to a more protective level of
0.075 ppm for both the primary and
secondary standards (herein referred to
as the 2008 ozone NAAQS) 8 and issued
implementing regulations for the
revised NAAQS (herein referred to as
the 2008 ozone SIP Requirements
Rule) 9 in April 2015. In that rule, the
EPA revoked the 1997 ozone NAAQS
and established requirements to ensure
that progress toward clean air in those
areas would not ‘‘backslide.’’ The EPA
also stated that it would no longer make
determinations of attainment by the
4 See 69 FR 23858, April 30, 2004, ‘‘Air Quality
Designations and Classifications for the [1997] 8Hour Ozone NAAQS; Early Action Compact Areas
With Deferred Effective Dates,’’ final rule effective
June 15, 2004. Available on the U.S. GPO website
at https://www.govinfo.gov/content/pkg/FR-200404-30/pdf/04-9152.pdf.
5 Ozone nonattainment area attainment dates are
specific to the areas’ classifications (see 69 FR
23858, 23863, April 30, 2004).
6 To achieve clean air as soon as possible, the
EPA worked with certain communities that entered
into EACs. The goal of these Compacts was to help
communities reduce ground-level ozone about 2
years sooner than required by the CAA.
Accordingly, the EPA deferred the 1997 ozone
NAAQS effective attainment dates for EAC areas.
While these areas were violating the 8-hour
standard, the EAC areas were continuing to meet
compact milestones towards clean air. (see 69 FR
23858, 23865, April 30, 2004)
7 See 69 FR 23951, April 30, 2004, ‘‘Final Rule to
Implement the [1997] 8-Hour Ozone National
Ambient Air Quality Standard—Phase 1,’’ final rule
effective June 15, 2004. Available on the U.S. GPO
website at https://www.govinfo.gov/content/pkg/FR2004-04-30/pdf/04-9153.pdf. EPA also issued the
‘‘Final Rule To Implement the [1997] 8-Hour Ozone
National Ambient Air Quality Standard-Phase 2;
Final Rule To Implement Certain Aspects of the
1990 Amendments Relating to New Source Review
and Prevention of Significant Deterioration as They
Apply in Carbon Monoxide, Particulate Matter and
Ozone NAAQS; Final Rule for Reformulated
Gasoline,’’ effective January 30, 2006. Available on
the U.S. GPO website at https://www.govinfo.gov/
content/pkg/FR-2005-11-29/pdf/05-22698.pdf
8 See 73 FR 16436, March 27, 2008, ‘‘National
Ambient Air Quality Standards for Ozone’’ final
rule effective May 27, 2008. Available on the U.S.
GPO website at https://www.govinfo.gov/content/
pkg/FR-2008-03-27/pdf/E8-5645.pdf.
9 See 80 FR 12264, March 6, 2015,
‘‘Implementation of the 2008 National Ambient Air
Quality Standards for Ozone: State Implementation
Plan Requirements’’ final rule effective April 6,
2015. Available on the U.S. GPO website at https://
www.govinfo.gov/content/pkg/FR-2015-03-06/pdf/
2015-04012.pdf.
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attainment date except to trigger
relevant anti-backsliding obligations, as
the designations and classifications for
1997 ozone NAAQS areas were no
longer in effect following revocation.
Subsequently, in South Coast Air
Quality Management District v. EPA
(882 F.3d 1138 (D.C. Cir. 2018)) (known
as the South Coast II decision),10 the
U.S. Circuit Court of Appeals for the
District of Columbia vacated, among
other things, certain portions of the
2008 ozone SIP Requirements Rule, in
part effectively re-establishing a
requirement for EPA to reclassify areas
applicable attainment dates, in February
2019, four EPA Regional Offices issued
letters to four states identifying nine
areas that had attained the standards by
the applicable attainment dates.12 13 14 15
The findings were based on certified
quality-assured air quality monitoring
data from the 3 calendar years preceding
the respective attainment dates. This
direct final rule updates the regulations
at 40 CFR part 52 to reflect these earlier
findings. The information contained in
the letters is summarized in Table 1,16
including the de sign values (DVs) for
the applicable attainment dates.17
that failed to attain the revoked 1997
ozone NAAQS by the area’s applicable
attainment date.11 The EPA does not
interpret the South Coast II decision to
compel the Agency to issue
determinations of attainment by the
attainment date or to make these
updates to part 52 for areas that timely
attained the revoked 1997 ozone
NAAQS. Rather the EPA views these
discretionary actions as helpful to
clarify the status of the affected areas
after the court decision.
To clarify the status of areas that
attained the 1997 ozone NAAQS by the
TABLE 1—NONATTAINMENT AREAS THAT ATTAINED BY THE ATTAINMENT DATE FOR THE 1997 8-HOUR OZONE NAAQS
EPA region
State
Applicable
attainment date
Area name
Attainment year
design value
(DV)
Level
2
2
2
2
5
................
................
................
................
................
New York ....................
New York ....................
New York ....................
New York ....................
Wisconsin A .................
8 ................
Colorado ......................
9 ................
9 ................
California .....................
California .....................
Buffalo-Niagara Falls, NY .................................
Jamestown, NY .................................................
Jefferson County ...............................................
Poughkeepsie, NY ............................................
Shoreline Sheboygan County, WI ....................
Inland Sheboygan County, WI
Denver-Boulder-Greeley-Ft. Collins-Loveland,
CO.
San Francisco Bay Area ...................................
Ventura County .................................................
June
June
June
June
June
15,
15,
15,
15,
15,
2010
2010
2010
2010
2010
DV years
.............
.............
.............
.............
.............
0.076
0.079
0.074
0.078
0.079
2007–2009
2007–2009
2007–2009
2007–2009
2007–2009
November 20, 2010 ....
0.078
2007–2009
June 15, 2007 .............
June 15, 2013 .............
0.080
0.081
2004–2006
2010–2012
A The separate Inland Sheboygan County, Wisconsin and Shoreline Sheboygan County, Wisconsin, ozone nonattainment areas were originally
designated as a single, full-county area named Sheboygan County, Wisconsin, covering the same geographic area. The EPA’s February 8,
2019, finding of attainment by the attainment date for the 1997 ozone NAAQS applied to the original full-county area. On July 15, 2019, the EPA
revised the original designation by splitting the full-county 1997 ozone area into two separate and distinct areas (84 FR 33699, July 15, 2019).
This change is reflected in 40 CFR 81.350 ‘‘Wisconsin.’’ at https://www.ecfr.gov/cgi-bin/text-idx?SID=0fd7171e7292313c1acf5280be3bdc6e&mc=
true&node=sp40.20.81.c&rgn=div6 (see 84 FR 33699, July 15, 2019, at https://www.govinfo.gov/content/pkg/FR-2019-07-15/pdf/2019-14990.pdf
and 40 CFR 81.350).
III. Summary of Final Action
This direct final rule updates the
regulations at 40 CFR part 52 to reflect
the earlier findings of determinations of
attainment by the attainment date for
the revoked 1997 ozone NAAQS.
Publishing these determinations in part
52 will document for the public and
state air agencies that these areas
attained the standards by the applicable
attainment dates and are therefore not
subject to anti-backsliding consequences
for failure to timely attain the standards.
10 South Coast Air Quality Management District v.
EPA, 882 F.3d 1138 (DC Cir. 2018). Available on the
Court of Appeals D.C. Circuit website at https://
www.cadc.uscourts.gov/internet/opinions.nsf/
217B6778AE3EC89C8525823600532AE0/$file/151115-1718293.pdf.
11 Attainment of the standard is established by
calculating the 8-hour ozone design values (DVs)
using certified quality-assured ozone air quality
monitoring data available for the three full calendar
years prior to the attainment date applicable to each
area, where the standard would be attained at a
level less than or equal to 0.084 ppm.
12 Letter from EPA Region 2, John Filippelli,
Director, Clean Air and Sustainability Division, to
Jared Snyder, Deputy Commissioner, Air Resources,
Climate Change and Energy, New York State
Department of Environmental Conservation, dated
February 4, 2019.
13 Letter from EPA Region 5, Edward Nam,
Director, Air and Radiation Division, to Gail Good,
Director, Air Management Program, Wisconsin
Department of Natural Resources, dated February 8,
2019.
14 Letter from EPA Region 8, Monica Morales,
Director, Air Program, to Mr. Garry Kaufman,
Director, Air Pollution Control Division, Colorado
Department of Public Health and Environment,
dated February 8, 2019.
15 Letter from EPA Region 9, Elizabeth J. Adams,
Director, Air Division, to Richard W. Corey,
Executive Officer, California Air Resources Board,
dated February 21, 2019.
16 The areas’ names listed in Table 1 are
presented as they were when the areas were
designated nonattainment in EPA’s rule for
implementing the 1997 ozone NAAQS effective on
June 15, 2004. On July 15, 2019, the EPA split the
Sheboygan County ozone area into two parts,
identified as the Inland Sheboygan County,
Wisconsin, and the Shoreline Sheboygan County,
Wisconsin, areas.
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IV. Environmental Justice
Considerations
This direct final rule requires no
environmental justice considerations.
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V. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and, therefore, was not
17 Concerning the Denver-Boulder-Greeley-Ft.
Collins-Loveland, CO, area as a former EAC area,
see 77 FR 28424, May 14, 2012, ‘‘Final Rule To
Implement the 1997 8-Hour Ozone National
Ambient Air Quality Standard: Classification of
Areas That Were Initially Classified Under Subpart
1; Revision of the Anti-Backsliding Provisions To
Address 1-Hour Contingency Measure
Requirements; Deletion of Obsolete 1-Hour Ozone
Standard Provision,’’ effective date June 13, 2012;
see footnote 4 on page 28426 of that notice.
Available on the U.S. GPO website at https://
www.govinfo.gov/content/pkg/FR-2012-05-14/pdf/
2012-11232.pdf#page=2. See also, 69 FR 23858,
April 30, 2004, ‘‘Air Quality Designations and
Classifications for the [1997] 8-Hour Ozone
NAAQS; Early Action Compact Areas With
Deferred Effective Dates,’’ final rule effective June
15, 2004. Available on the U.S. GPO website at
https://www.govinfo.gov/content/pkg/FR-2004-0430/pdf/04-9152.pdf.
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submitted to the Office of Management
and Budget for review.
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not an Executive Order
13771 regulatory action because this
action is not a significant regulatory
action under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities.
E. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995, 2 U.S.C. 1531–
1538.18 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.
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. This action will neither
impose substantial direct compliance
costs on federally recognized tribal
governments, nor preempt tribal law.
Thus, Executive Order 13175 does not
apply to this action.
H. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
18 U.S.C.
is United States Code.
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action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
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
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, low-income
populations and/or indigenous peoples,
as specified in Executive Order 12898
(see 59 FR 7629, February 16, 1994).
The documentation for this decision is
contained in Section IV of this
document titled, ‘‘Environmental Justice
Considerations.’’
L. Congressional Review Act (CRA)
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
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 CAA,
petitions for judicial review of final
actions that are locally and regionally
applicable may be filed only in the
United States Court of Appeals for the
appropriate circuit by December 8,
2020. However, the statute also provides
that notwithstanding that general rule,
‘‘a petition for review of any action . . .
may be filed only in the United States
Court of Appeals for the District of
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64049
Columbia if such action is based on a
determination of nationwide scope or
effect and if in taking such action the
Administrator finds and publishes that
such action is based on such a
determination.’’ Because this final
action makes findings regarding the
attainment status of areas across the
country, in multiple EPA regions and
within the jurisdictions over multiple
U.S. Circuit Courts of Appeal, the
Administrator finds that this action has
nationwide scope and effect. Therefore,
in accordance with CAA section
307(b)(1), petitions for review of this
final action may be filed only in the
United States Court of Appeals for the
District of Columbia Circuit. Under CAA
section 307(b)(2), the requirements
established by this final rule may not be
challenged separately in any civil or
criminal proceedings for enforcement.
List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Air pollution control, Designations and
classifications, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements and
Volatile organic compounds.
Andrew Wheeler,
Administrator.
For the reasons stated in the
preamble, part 52, title 40, chapter 1 of
the Code of Federal Regulations are
amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.282 is amended by
adding paragraph (l) to read as follows:
■
§ 52.282
Ozone.
Control strategy and regulations:
*
*
*
*
*
(l) Determination of attainment by the
attainment date. Effective December 8,
2020, the EPA determined that the San
Francisco Bay, CA, Marginal ozone
nonattainment area attained the revoked
1997 8-hour ozone National Ambient
Air Quality Standards (NAAQS) by the
applicable attainment date of June 15,
2007. The determination was based
upon complete quality-assured and
certified data for the 3 calendar years
2004–2006. Further, the EPA
determined that the Ventura County,
CA, Serious ozone nonattainment area
E:\FR\FM\09OCR1.SGM
09OCR1
64050
Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Rules and Regulations
attained the standards for the revoked
1997 8-hour NAAQS by the applicable
attainment date of June 15, 2013. The
determination was based upon complete
quality-assured and certified data for the
3 calendar years 2010–2012. Under the
provisions of the EPA’s ozone
implementation rule, these
determinations suspend the applicable
requirements under 40 CFR 51.900(f)
and those listed under Clean Air Act
sections 172(c) and 182.
Subpart G—Colorado
3. Section 52.350 is amended by
adding paragraph (d) to read as follows:
■
§ 52.350
Control strategy: Ozone.
*
*
*
*
*
(d) Determination of attainment by
the attainment date. Effective December
8, 2020, the EPA determined the
Denver-Boulder-Greeley-Ft. CollinsLoveland, CO, Marginal ozone
nonattainment area attained the revoked
1997 8-hour ozone National Ambient
Air Quality Standards (NAAQS) by the
applicable attainment date of November
20, 2010. The determination was based
upon complete quality-assured and
certified data for the three calendar
years 2007–2009. Under the provisions
of the EPA’s ozone implementation rule,
this determination suspends the
applicable requirements under 40 CFR
51.900(f) and those listed under Clean
Air Act sections 172(c) and 182.
Subpart HH—New York
4. Section 52.1683 is amended by
adding paragraph (s) to read as follows:
■
§ 52.1683
Control strategy: Ozone.
*
*
*
*
*
(s) Determination of attainment by the
attainment date. Effective December 8,
2020, the EPA determined that certain
areas in New York designated Moderate
nonattainment attained the revoked
1997 8-hour ozone National Ambient
Air Quality Standards (NAAQS) by the
applicable attainment date of June 15,
2010. The determination was based
upon complete quality-assured and
certified data for the 3 calendar years
2007–2009. Under the provisions of the
EPA’s ozone implementation rule, this
determination suspends the applicable
requirements under 40 CFR 51.900(f)
and those listed under Clean Air Act
sections 172(c) and 182 for:
(1) Buffalo-Niagara Falls (consisting of
Erie and Niagara Counties).
(2) Jamestown (consisting of
Chautauqua County).
(3) Jefferson County (consisting of
Jefferson County).
VerDate Sep<11>2014
16:35 Oct 08, 2020
Jkt 253001
(4) Poughkeepsie (consisting of
Dutchess, Orange and Putnam
Counties).
Subpart YY—Wisconsin
5. Section 52.2585 is amended by
adding paragraph (nn) to read as
follows:
■
§ 52.2585
Control strategy: Ozone.
*
*
*
*
*
(nn) Determination of attainment by
the attainment date. Effective December
8, 2020, the EPA determined that the
Shoreline Sheboygan County,
Wisconsin, and the Inland Sheboygan
County, Wisconsin, Moderate ozone
nonattainment areas attained the
revoked 1997 8-hour ozone National
Ambient Air Quality Standards
(NAAQS) by the applicable attainment
date of June 15, 2010. The
determinations are based upon complete
quality-assured and certified data for the
three calendar years 2007–2009.
Together, the separate Shoreline
Sheboygan County, Wisconsin, and the
Inland Sheboygan County, Wisconsin,
areas encompass the identical
geographic area of the original fullcounty Sheboygan County, Wisconsin,
area. The EPA’s initial February 8, 2019,
determination of attainment by the
attainment date applied to the original
full-county area, and continues to apply
to the separate areas. Under the
provisions of the EPA’s ozone
implementation rule, this determination
suspends the applicable requirements
under 40 CFR 51.900(f) and those listed
under Clean Air Act sections 172(c) and
182.
*
*
*
*
*
[FR Doc. 2020–19559 Filed 10–8–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2019–0621; FRL–10015–
23–Region 8]
Approval and Promulgation of
Implementation Plans; Utah; Regional
Haze 5-Year Progress Report State
Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a regional
haze progress report State
Implementation Plan (SIP) revision
submitted by the State of Utah on March
7, 2016. The revision addresses the
SUMMARY:
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
requirements for states to submit
periodic reports describing progress
toward reasonable progress goals
established for regional haze and a
determination of adequacy of the State’s
regional haze SIP. The EPA is taking
this action pursuant to section 110 of
the Clean Air Act (CAA).
DATES: This rule is effective on
November 9, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2019–0621. All
documents in the docket are listed on
the https://www.regulations.gov website.
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, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please email
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Jaslyn Dobrahner, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–IO, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6252, dobrahner.jaslyn@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
Under the Regional Haze Rule, states
are required to submit progress reports
that evaluate progress towards the
reasonable progress goals for each
mandatory federal Class I area within
the state and in each Class I area outside
the state that may be affected by
emissions from within the state.1 In
addition, the provisions also require
states to submit, at the same time as the
progress report, a determination of the
adequacy of the state’s existing regional
haze plan. The first progress report must
be in the form of a SIP revision and is
due 5 years after submittal of the initial
regional haze SIP.
On March 7, 2016, Utah submitted a
Progress Report SIP revision which: (1)
detailed the progress made toward
achieving progress for improving
visibility at Class I areas; 2 and (2)
1 40
CFR 51.309(d)(10).
U.S.C. 7491(a). Areas designated as
mandatory Class I Federal areas consist of national
parks exceeding 6,000 acres, wilderness areas and
national memorial parks exceeding 5,000 acres, and
all international parks that were in existence on
August 7, 1977. 42 U.S.C. 7472(a). In accordance
2 42
E:\FR\FM\09OCR1.SGM
09OCR1
]]>Agencies
[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Rules and Regulations]
[Pages 64046-64050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19559]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-HQ-OAR-2019-0611; FRL-10013-72-OAR]
RIN 2060-AU54
Implementation of the Revoked 1997 8-Hour Ozone National Ambient
Air Quality Standards; Updates to 40 CFR Part 52 for Areas That
Attained by the Attainment Date
AGENCY: Environmental Protection Agency (EPA)
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is updating part 52
of title 40, chapter 1 of the Code of Federal Regulations (CFR) to
codify its findings that nine areas in four states attained the revoked
1997 8-hour ozone National Ambient Air Quality Standards (herein
referred to as the 1997 ozone NAAQS) by the applicable attainment
dates. In February 2019, EPA Regional Offices sent letters to the
affected states to communicate the EPA's findings. The areas that
timely attained the standards include the Buffalo-Niagara Falls area,
and the Jefferson County, Poughkeepsie and Jamestown areas in the state
of New York; the Shoreline Sheboygan County and Inland Sheboygan County
areas in Wisconsin; the Denver-Boulder-Greeley-Ft. Collins-Loveland
area in Colorado; and the San Francisco Bay and Ventura County areas in
California. Publishing these determinations in part 52 will document
for the public and state air agencies that these areas attained the
standards by the applicable attainment dates and are therefore not
subject to anti-backsliding consequences for failure to timely attain
the standards.
DATES: The direct final rule is effective on January 7, 2021 without
further notice unless the EPA receives relevant adverse written
comments, or if a public hearing is requested by October 14, 2020, on
the proposed rule. In such case, refer to the General Information
section.
ADDRESSES: The EPA established Docket ID No. EPA-HQ-OAR-2019-0611 for
this action. All documents on the docket are listed at https://www.regulations.gov. Although listed in the docket index, some
information may not be publicly available, e.g., Confidential Business
Information (CBI) or other information for which disclosure is
restricted by statute. Certain other information, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form.
[[Page 64047]]
Docket materials are available electronically to the public through
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For further general information on
this direct final rule, contact Ms. Virginia Raps, Air Quality Policy
Division, Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Mail Code: C539-01, Research Triangle
Park, NC 27711, telephone (919) 541-4383; fax number: (919) 541-5315;
email address: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. Why is EPA using a direct final rule?
B. Does this action apply to me?
II. Background
III. Summary of Final Action
IV. Environmental Justice Considerations
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. 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. General Information
A. Why is EPA using a direct final rule?
The EPA is publishing this direct final rule without a prior
proposed rule because the agency views this as a noncontroversial
action. The EPA anticipates no adverse comment because this final
action codifies the EPA's factual findings that certain areas attained
the revoked 1997 ozone NAAQS by the applicable attainment dates. In the
``Proposed Rules'' section of this Federal Register, the EPA is
publishing the parallel proposed rule to update part 52. If adverse
comments are received on the proposed rule, the EPA will not institute
a second comment period on this action. Any parties interested in
commenting on the proposed rule must do so at this time. For further
information about commenting on the proposed rule, see the DATES and
ADDRESSES section of the proposed rule.
If the EPA receives relevant adverse comment on all or a distinct
portion of the proposed rule, the Agency will publish a timely
withdrawal in the Federal Register. The withdrawal notice will inform
the public of the direct final rule provisions that will become
effective and which provisions are being withdrawn. In the event the
EPA receives relevant adverse comment on the proposed rule, the EPA
will respond in writing to comments and include the written responses
in any subsequent final rule based on the proposed rule.
B. Does this action apply to me?
Publishing these determinations in part 52 will document for the
public and state air agencies that these areas factually attained the
revoked 1997 ozone NAAQS by the applicable attainment dates and are
therefore not subject to anti-backsliding consequences for failure to
timely attain the standards. The scope of the rule is narrow, and the
EPA had previously informed the affected states' air agencies of these
determinations by way of letter in February 2019. The direct final rule
will not create any new requirements for any affected state.
Nonetheless, the public is invited to comment on the proposed rule.
II. Background
On July 18, 1997, the EPA established standards for the 8-hour
average ozone concentrations at a level of 0.08 parts per million (ppm)
\1\ for both the primary and secondary NAAQS \2\ (herein referred to as
the 1997 ozone NAAQS).\3\ Subsequently, the EPA designated areas around
the country as either attaining (``attainment'') or not attaining
(``nonattainment'') the 1997 ozone NAAQS. Effective on June 15,
2004,\4\ the EPA established the nonattainment area designations,
classifications, and attainment dates \5\ that applied to the 1997
ozone NAAQS nonattainment areas, and included attainment dates for
Early Action Compact (EAC) areas.\6\ The EPA then issued a rule for
implementing the 1997 ozone NAAQS that was published in a separate
Federal Register notice effective on the same date, June 15, 2004.\7\
---------------------------------------------------------------------------
\1\ An area would violate the standard at a level greater than
0.084 ppm because rounding would cause a level of 0.085 ppm to be
interpreted as 0.09 ppm, which exceeds the 0.08 ppm standard.
\2\ Primary standards provide public health protection,
including protecting the health of ``sensitive'' populations such as
asthmatics, children, and the elderly. Secondary standards provide
public welfare protection, including protection against decreased
visibility and damage to animals, crops, vegetation, and buildings.
Available on the internet at https://www.epa.gov/criteria-air-pollutants/naaqs-table.
\3\ See 62 FR 38855, July 18, 1997, ``National Ambient Air
Quality [1997] Standards for Ozone,'' final rule effective September
16, 1997. Available on the U.S. Government Publishing Office (GPO)
website at https://www.govinfo.gov/content/pkg/FR-1997-07-18/pdf/97-18580.pdf.
\4\ See 69 FR 23858, April 30, 2004, ``Air Quality Designations
and Classifications for the [1997] 8-Hour Ozone NAAQS; Early Action
Compact Areas With Deferred Effective Dates,'' final rule effective
June 15, 2004. Available on the U.S. GPO website at https://www.govinfo.gov/content/pkg/FR-2004-04-30/pdf/04-9152.pdf.
\5\ Ozone nonattainment area attainment dates are specific to
the areas' classifications (see 69 FR 23858, 23863, April 30, 2004).
\6\ To achieve clean air as soon as possible, the EPA worked
with certain communities that entered into EACs. The goal of these
Compacts was to help communities reduce ground-level ozone about 2
years sooner than required by the CAA. Accordingly, the EPA deferred
the 1997 ozone NAAQS effective attainment dates for EAC areas. While
these areas were violating the 8-hour standard, the EAC areas were
continuing to meet compact milestones towards clean air. (see 69 FR
23858, 23865, April 30, 2004)
\7\ See 69 FR 23951, April 30, 2004, ``Final Rule to Implement
the [1997] 8-Hour Ozone National Ambient Air Quality Standard--Phase
1,'' final rule effective June 15, 2004. Available on the U.S. GPO
website at https://www.govinfo.gov/content/pkg/FR-2004-04-30/pdf/04-9153.pdf. EPA also issued the ``Final Rule To Implement the [1997]
8-Hour Ozone National Ambient Air Quality Standard-Phase 2; Final
Rule To Implement Certain Aspects of the 1990 Amendments Relating to
New Source Review and Prevention of Significant Deterioration as
They Apply in Carbon Monoxide, Particulate Matter and Ozone NAAQS;
Final Rule for Reformulated Gasoline,'' effective January 30, 2006.
Available on the U.S. GPO website at https://www.govinfo.gov/content/pkg/FR-2005-11-29/pdf/05-22698.pdf
---------------------------------------------------------------------------
Four years later, on March 27, 2008, the EPA revised the 8-hour
ozone standards to a more protective level of 0.075 ppm for both the
primary and secondary standards (herein referred to as the 2008 ozone
NAAQS) \8\ and issued implementing regulations for the revised NAAQS
(herein referred to as the 2008 ozone SIP Requirements Rule) \9\ in
April 2015. In that rule, the EPA revoked the 1997 ozone NAAQS and
established requirements to ensure that progress toward clean air in
those areas would not ``backslide.'' The EPA also stated that it would
no longer make determinations of attainment by the
[[Page 64048]]
attainment date except to trigger relevant anti-backsliding
obligations, as the designations and classifications for 1997 ozone
NAAQS areas were no longer in effect following revocation.
---------------------------------------------------------------------------
\8\ See 73 FR 16436, March 27, 2008, ``National Ambient Air
Quality Standards for Ozone'' final rule effective May 27, 2008.
Available on the U.S. GPO website at https://www.govinfo.gov/content/pkg/FR-2008-03-27/pdf/E8-5645.pdf.
\9\ See 80 FR 12264, March 6, 2015, ``Implementation of the
2008 National Ambient Air Quality Standards for Ozone: State
Implementation Plan Requirements'' final rule effective April 6,
2015. Available on the U.S. GPO website at https://www.govinfo.gov/content/pkg/FR-2015-03-06/pdf/2015-04012.pdf.
---------------------------------------------------------------------------
Subsequently, in South Coast Air Quality Management District v. EPA
(882 F.3d 1138 (D.C. Cir. 2018)) (known as the South Coast II
decision),\10\ the U.S. Circuit Court of Appeals for the District of
Columbia vacated, among other things, certain portions of the 2008
ozone SIP Requirements Rule, in part effectively re-establishing a
requirement for EPA to reclassify areas that failed to attain the
revoked 1997 ozone NAAQS by the area's applicable attainment date.\11\
The EPA does not interpret the South Coast II decision to compel the
Agency to issue determinations of attainment by the attainment date or
to make these updates to part 52 for areas that timely attained the
revoked 1997 ozone NAAQS. Rather the EPA views these discretionary
actions as helpful to clarify the status of the affected areas after
the court decision.
---------------------------------------------------------------------------
\10\ South Coast Air Quality Management District v. EPA, 882
F.3d 1138 (DC Cir. 2018). Available on the Court of Appeals D.C.
Circuit website at https://www.cadc.uscourts.gov/internet/
opinions.nsf/217B6778AE3EC89C8525823600532AE0/$file/15-1115-
1718293.pdf.
\11\ Attainment of the standard is established by calculating
the 8-hour ozone design values (DVs) using certified quality-assured
ozone air quality monitoring data available for the three full
calendar years prior to the attainment date applicable to each area,
where the standard would be attained at a level less than or equal
to 0.084 ppm.
---------------------------------------------------------------------------
To clarify the status of areas that attained the 1997 ozone NAAQS
by the applicable attainment dates, in February 2019, four EPA Regional
Offices issued letters to four states identifying nine areas that had
attained the standards by the applicable attainment
dates.12 13 14 15 The findings were based on certified
quality-assured air quality monitoring data from the 3 calendar years
preceding the respective attainment dates. This direct final rule
updates the regulations at 40 CFR part 52 to reflect these earlier
findings. The information contained in the letters is summarized in
Table 1,\16\ including the de sign values (DVs) for the applicable
attainment dates.\17\
---------------------------------------------------------------------------
\12\ Letter from EPA Region 2, John Filippelli, Director, Clean
Air and Sustainability Division, to Jared Snyder, Deputy
Commissioner, Air Resources, Climate Change and Energy, New York
State Department of Environmental Conservation, dated February 4,
2019.
\13\ Letter from EPA Region 5, Edward Nam, Director, Air and
Radiation Division, to Gail Good, Director, Air Management Program,
Wisconsin Department of Natural Resources, dated February 8, 2019.
\14\ Letter from EPA Region 8, Monica Morales, Director, Air
Program, to Mr. Garry Kaufman, Director, Air Pollution Control
Division, Colorado Department of Public Health and Environment,
dated February 8, 2019.
\15\ Letter from EPA Region 9, Elizabeth J. Adams, Director, Air
Division, to Richard W. Corey, Executive Officer, California Air
Resources Board, dated February 21, 2019.
\16\ The areas' names listed in Table 1 are presented as they
were when the areas were designated nonattainment in EPA's rule for
implementing the 1997 ozone NAAQS effective on June 15, 2004. On
July 15, 2019, the EPA split the Sheboygan County ozone area into
two parts, identified as the Inland Sheboygan County, Wisconsin, and
the Shoreline Sheboygan County, Wisconsin, areas.
\17\ Concerning the Denver-Boulder-Greeley-Ft. Collins-Loveland,
CO, area as a former EAC area, see 77 FR 28424, May 14, 2012,
``Final Rule To Implement the 1997 8-Hour Ozone National Ambient Air
Quality Standard: Classification of Areas That Were Initially
Classified Under Subpart 1; Revision of the Anti-Backsliding
Provisions To Address 1-Hour Contingency Measure Requirements;
Deletion of Obsolete 1-Hour Ozone Standard Provision,'' effective
date June 13, 2012; see footnote 4 on page 28426 of that notice.
Available on the U.S. GPO website at https://www.govinfo.gov/content/pkg/FR-2012-05-14/pdf/2012-11232.pdf#page=2. See also, 69 FR
23858, April 30, 2004, ``Air Quality Designations and
Classifications for the [1997] 8-Hour Ozone NAAQS; Early Action
Compact Areas With Deferred Effective Dates,'' final rule effective
June 15, 2004. Available on the U.S. GPO website at https://www.govinfo.gov/content/pkg/FR-2004-04-30/pdf/04-9152.pdf.
Table 1--Nonattainment Areas That Attained by the Attainment Date for the 1997 8-Hour Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
Attainment year design
Applicable value (DV)
EPA region State Area name attainment date ----------------------------
Level DV years
----------------------------------------------------------------------------------------------------------------
2................ New York........... Buffalo-Niagara Falls, June 15, 2010..... 0.076 2007-2009
NY.
2................ New York........... Jamestown, NY.......... June 15, 2010..... 0.079 2007-2009
2................ New York........... Jefferson County....... June 15, 2010..... 0.074 2007-2009
2................ New York........... Poughkeepsie, NY....... June 15, 2010..... 0.078 2007-2009
5................ Wisconsin \A\...... Shoreline Sheboygan June 15, 2010..... 0.079 2007-2009
County, WI.
Inland Sheboygan
County, WI.
8................ Colorado........... Denver-Boulder-Greeley- November 20, 2010. 0.078 2007-2009
Ft. Collins-Loveland,
CO.
9................ California......... San Francisco Bay Area. June 15, 2007..... 0.080 2004-2006
9................ California......... Ventura County......... June 15, 2013..... 0.081 2010-2012
----------------------------------------------------------------------------------------------------------------
\A\ The separate Inland Sheboygan County, Wisconsin and Shoreline Sheboygan County, Wisconsin, ozone
nonattainment areas were originally designated as a single, full-county area named Sheboygan County,
Wisconsin, covering the same geographic area. The EPA's February 8, 2019, finding of attainment by the
attainment date for the 1997 ozone NAAQS applied to the original full-county area. On July 15, 2019, the EPA
revised the original designation by splitting the full-county 1997 ozone area into two separate and distinct
areas (84 FR 33699, July 15, 2019). This change is reflected in 40 CFR 81.350 ``Wisconsin.'' at https://www.ecfr.gov/cgi-bin/text-idx?SID=0fd7171e7292313c1acf5280be3bdc6e&mc= true&node=sp40.20.81.c&rgn=div6 (see 84
FR 33699, July 15, 2019, at https://www.govinfo.gov/content/pkg/FR-2019-07-15/pdf/2019-14990.pdf and 40 CFR
81.350).
III. Summary of Final Action
This direct final rule updates the regulations at 40 CFR part 52 to
reflect the earlier findings of determinations of attainment by the
attainment date for the revoked 1997 ozone NAAQS. Publishing these
determinations in part 52 will document for the public and state air
agencies that these areas attained the standards by the applicable
attainment dates and are therefore not subject to anti-backsliding
consequences for failure to timely attain the standards.
IV. Environmental Justice Considerations
This direct final rule requires no environmental justice
considerations.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and, therefore,
was not
[[Page 64049]]
submitted to the Office of Management and Budget for review.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because this action is not a significant regulatory action under
Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate or significantly
or uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995, 2 U.S.C. 1531-1538.\18\ The action imposes
no enforceable duty on any state, local or tribal governments or the
private sector.
---------------------------------------------------------------------------
\18\ U.S.C. is United States Code.
---------------------------------------------------------------------------
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.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This action will neither impose substantial
direct compliance costs on federally recognized tribal governments, nor
preempt tribal law. Thus, Executive Order 13175 does not apply to this
action.
H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
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 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,
low-income populations and/or indigenous peoples, as specified in
Executive Order 12898 (see 59 FR 7629, February 16, 1994). The
documentation for this decision is contained in Section IV of this
document titled, ``Environmental Justice Considerations.''
L. Congressional Review Act (CRA)
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. 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 CAA, petitions for judicial review
of final actions that are locally and regionally applicable may be
filed only in the United States Court of Appeals for the appropriate
circuit by December 8, 2020. However, the statute also provides that
notwithstanding that general rule, ``a petition for review of any
action . . . may be filed only in the United States Court of Appeals
for the District of Columbia if such action is based on a determination
of nationwide scope or effect and if in taking such action the
Administrator finds and publishes that such action is based on such a
determination.'' Because this final action makes findings regarding the
attainment status of areas across the country, in multiple EPA regions
and within the jurisdictions over multiple U.S. Circuit Courts of
Appeal, the Administrator finds that this action has nationwide scope
and effect. Therefore, in accordance with CAA section 307(b)(1),
petitions for review of this final action may be filed only in the
United States Court of Appeals for the District of Columbia Circuit.
Under CAA section 307(b)(2), the requirements established by this final
rule may not be challenged separately in any civil or criminal
proceedings for enforcement.
List of Subjects in 40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications, Incorporation
by reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements and Volatile organic
compounds.
Andrew Wheeler,
Administrator.
For the reasons stated in the preamble, part 52, title 40, chapter
1 of the Code of Federal Regulations are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.282 is amended by adding paragraph (l) to read as
follows:
Sec. 52.282 Control strategy and regulations: Ozone.
* * * * *
(l) Determination of attainment by the attainment date. Effective
December 8, 2020, the EPA determined that the San Francisco Bay, CA,
Marginal ozone nonattainment area attained the revoked 1997 8-hour
ozone National Ambient Air Quality Standards (NAAQS) by the applicable
attainment date of June 15, 2007. The determination was based upon
complete quality-assured and certified data for the 3 calendar years
2004-2006. Further, the EPA determined that the Ventura County, CA,
Serious ozone nonattainment area
[[Page 64050]]
attained the standards for the revoked 1997 8-hour NAAQS by the
applicable attainment date of June 15, 2013. The determination was
based upon complete quality-assured and certified data for the 3
calendar years 2010-2012. Under the provisions of the EPA's ozone
implementation rule, these determinations suspend the applicable
requirements under 40 CFR 51.900(f) and those listed under Clean Air
Act sections 172(c) and 182.
Subpart G--Colorado
0
3. Section 52.350 is amended by adding paragraph (d) to read as
follows:
Sec. 52.350 Control strategy: Ozone.
* * * * *
(d) Determination of attainment by the attainment date. Effective
December 8, 2020, the EPA determined the Denver-Boulder-Greeley-Ft.
Collins-Loveland, CO, Marginal ozone nonattainment area attained the
revoked 1997 8-hour ozone National Ambient Air Quality Standards
(NAAQS) by the applicable attainment date of November 20, 2010. The
determination was based upon complete quality-assured and certified
data for the three calendar years 2007-2009. Under the provisions of
the EPA's ozone implementation rule, this determination suspends the
applicable requirements under 40 CFR 51.900(f) and those listed under
Clean Air Act sections 172(c) and 182.
Subpart HH--New York
0
4. Section 52.1683 is amended by adding paragraph (s) to read as
follows:
Sec. 52.1683 Control strategy: Ozone.
* * * * *
(s) Determination of attainment by the attainment date. Effective
December 8, 2020, the EPA determined that certain areas in New York
designated Moderate nonattainment attained the revoked 1997 8-hour
ozone National Ambient Air Quality Standards (NAAQS) by the applicable
attainment date of June 15, 2010. The determination was based upon
complete quality-assured and certified data for the 3 calendar years
2007-2009. Under the provisions of the EPA's ozone implementation rule,
this determination suspends the applicable requirements under 40 CFR
51.900(f) and those listed under Clean Air Act sections 172(c) and 182
for:
(1) Buffalo-Niagara Falls (consisting of Erie and Niagara
Counties).
(2) Jamestown (consisting of Chautauqua County).
(3) Jefferson County (consisting of Jefferson County).
(4) Poughkeepsie (consisting of Dutchess, Orange and Putnam
Counties).
Subpart YY--Wisconsin
0
5. Section 52.2585 is amended by adding paragraph (nn) to read as
follows:
Sec. 52.2585 Control strategy: Ozone.
* * * * *
(nn) Determination of attainment by the attainment date. Effective
December 8, 2020, the EPA determined that the Shoreline Sheboygan
County, Wisconsin, and the Inland Sheboygan County, Wisconsin, Moderate
ozone nonattainment areas attained the revoked 1997 8-hour ozone
National Ambient Air Quality Standards (NAAQS) by the applicable
attainment date of June 15, 2010. The determinations are based upon
complete quality-assured and certified data for the three calendar
years 2007-2009. Together, the separate Shoreline Sheboygan County,
Wisconsin, and the Inland Sheboygan County, Wisconsin, areas encompass
the identical geographic area of the original full-county Sheboygan
County, Wisconsin, area. The EPA's initial February 8, 2019,
determination of attainment by the attainment date applied to the
original full-county area, and continues to apply to the separate
areas. Under the provisions of the EPA's ozone implementation rule,
this determination suspends the applicable requirements under 40 CFR
51.900(f) and those listed under Clean Air Act sections 172(c) and 182.
* * * * *
[FR Doc. 2020-19559 Filed 10-8-20; 8:45 am]
BILLING CODE 6560-50-P
